House Study Bill 684 - Introduced HOUSE FILE _____ BY (PROPOSED COMMITTEE ON AGRICULTURE BILL BY CHAIRPERSON PAUSTIAN) A BILL FOR An Act relating to the powers and duties of the department of 1 agriculture and land stewardship, including by providing for 2 administration, programs, and regulations, providing fees, 3 providing penalties, and making penalties applicable. 4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 5 TLSB 6357YC (3) 88 da/ns

H.F. _____ DIVISION I 1 DEPARTMENTAL ORGANIZATION 2 Section 1. Section 159.5, subsection 7, Code 2020, is 3 amended to read as follows: 4 7. Establish and maintain a marketing news service bureau 5 in the department which shall, in cooperation with the 6 federal market news and grading division Cooperate with the 7 agricultural marketing service of the United States department 8 of agriculture , to collect and disseminate data and information 9 relative to the market prices and conditions of agricultural 10 products raised, produced, and handled in the state. 11 DIVISION II 12 ANIMALS 13 PART A 14 COMMERCIAL ESTABLISHMENTS 15 Sec. 2. Section 162.2A, subsection 3, paragraph d, Code 16 2020, is amended by striking the paragraph. 17 PART B 18 ANIMAL HEALTH 19 Sec. 3. NEW SECTION . 163.2A Part —— definitions. 20 As used in this part, unless the context otherwise requires: 21 1. “Animal” means any livestock or agricultural animal as 22 defined in section 717A.1. 23 2. “Interested person” means the owner of an animal; a 24 person caring for the animal, if different from the owner of 25 the animal; or a person holding a perfected agricultural lien 26 or security interest in the animal under chapter 554. 27 Sec. 4. Section 163.3, Code 2020, is amended to read as 28 follows: 29 163.3 Veterinary and special assistants. 30 The secretary or the secretary’s designee may appoint one 31 or more veterinarians licensed pursuant to chapter 169 in each 32 county as assistant veterinarians. The secretary may also 33 appoint such one or more special assistants as may be necessary 34 in cases of emergency, including as provided in section 163.3A . 35 -1- LSB 6357YC (3) 88 da/ns 1/ 22

H.F. _____ Sec. 5. Section 163.3A, subsection 1, Code 2020, is amended 1 to read as follows: 2 1. The department may provide veterinary emergency 3 preparedness and response services necessary to prevent or 4 control a serious threat to the public health, public safety, 5 or the state’s economy caused by the transmission of disease 6 among livestock as defined in section 717.1 or agricultural 7 animals as defined in section 717A.1 . The services may include 8 measures necessary to ensure that all such animals carrying 9 disease are properly identified, segregated, treated, or 10 destroyed as provided in this Code. 11 Sec. 6. Section 163.3C, subsection 1, Code 2020, is amended 12 by striking the subsection. 13 Sec. 7. Section 163.3C, subsection 2, unnumbered paragraph 14 1, Code 2020, is amended to read as follows: 15 The department shall develop and establish a foreign animal 16 disease preparedness and response strategy for use by the 17 department in order to prevent, control, or eradicate the 18 transmission of foreign animal diseases among populations 19 of livestock animals . The strategy may be part of the 20 department’s veterinary emergency preparedness and response 21 services as provided in section 163.3A . The strategy shall 22 provide additional expertise and resources to increase 23 biosecurity efforts that assist in the prevention of a foreign 24 animal disease outbreak in this state. In developing and 25 establishing the strategy, the department shall consult with 26 interested persons including but not limited to the following: 27 Sec. 8. Section 163.3C, subsection 3, Code 2020, is amended 28 to read as follows: 29 3. The department shall implement the foreign animal 30 disease preparedness and response strategy if necessary to 31 prevent, control, or eradicate the transmission and incidence 32 of foreign animal diseases that may threaten or actually 33 threaten livestock animals in this state. In implementing 34 the strategy, the department may utilize emergency response 35 -2- LSB 6357YC (3) 88 da/ns 2/ 22

H.F. _____ measures as otherwise required under section 163.3A . The 1 department may but is not required to consult with interested 2 persons when implementing the strategy. 3 Sec. 9. NEW SECTION . 163.3D Emergency measures —— abandoned 4 animals —— authorization and seizure. 5 1. a. The department may seize one or more abandoned 6 animals pursuant to an authorization providing emergency 7 measures to prevent or control the transmission of an 8 infectious or contagious disease among any population or 9 species of animals. 10 b. The authorization must be any of the following: 11 (1) A declaration or proclamation issued by the governor 12 pursuant to chapter 29C, including as provided in section 13 163.3A. 14 (2) An order issued by the secretary or the secretary’s 15 designee pursuant to a provision in this subtitle. 16 (3) Any other provision of law in this subtitle that 17 requires the department to control the transmission of an 18 infectious or contagious disease among a population or species 19 of animals in this state. 20 c. If there is a conflict between a measure authorized to 21 be taken under paragraph “a” , that is less restrictive than the 22 standards or procedures provided in this section, the measures 23 authorized to be taken under paragraph “a” shall prevail. 24 2. The department may appoint veterinary assistants or 25 special assistants as provided in section 163.3 as required to 26 administer this section. 27 3. It is presumed that an abandoned animal belonging to a 28 species subject to emergency measures as provided in subsection 29 1 has been exposed to an infectious or contagious disease as 30 provided in the authorization. 31 4. As part of the seizure of an abandoned animal, the 32 department may take, impound, and retain custody of the animal, 33 including by maintaining the animal in a manner and at a 34 location determined by the department to be reasonable under 35 -3- LSB 6357YC (3) 88 da/ns 3/ 22

H.F. _____ the emergency circumstances. The department may take action as 1 provided in this subtitle to ensure that all animals exposed to 2 an infectious or contagious disease are properly identified, 3 tested, segregated, treated, or destroyed as provided in this 4 subtitle. 5 5. a. The department may seize an animal if the department 6 has a reasonable suspicion the animal has been abandoned, 7 including by entering onto public or private property or into a 8 private motor vehicle, trailer, or semitrailer parked on public 9 or private property, as provided in this subsection. 10 b. The department may enter onto private property or into 11 a private motor vehicle, trailer, or semitrailer to seize an 12 abandoned animal if the department obtains a search warrant 13 issued by a court, or enters onto the premises in a manner 14 consistent with the laws of this state and the United States, 15 including Article I, section 8, of the Constitution of the 16 State of Iowa, or the fourth amendment to the Constitution of 17 the United States. 18 c. An abandoned animal shall only be seized by the 19 department pursuant to the following conditions: 20 (1) The department provides written notice of its 21 abandonment determination to all reasonably identifiable 22 interested persons. The department shall make a good-faith 23 effort to provide the notice to interested persons by regular 24 mail, hand delivery, telephone, electronic mail, or other 25 reasonable means. The notice shall include all of the 26 following: 27 (a) The name and address of the department. 28 (b) A description of the animal subject to seizure. 29 (c) The delivery date of the notice. 30 (d) A statement informing the interested person that the 31 animal may be seized pursuant to this chapter within one day 32 following the delivery date of the notice. The statement 33 must specify a date, time, and location for delivery of the 34 interested person’s response designated by the department, as 35 -4- LSB 6357YC (3) 88 da/ns 4/ 22

H.F. _____ provided in this subsection. 1 (e) A statement informing the interested person that in 2 order to avoid seizure of the animal, the person must respond 3 to the notice in writing, stating that the animal has not been 4 abandoned and identifying what measures are being taken to care 5 for and manage the animal. 6 (2) Notwithstanding subparagraph (1), if the department 7 determines that it is not feasible to provide direct notice 8 of its abandonment determination to an interested person, 9 the department shall deliver a constructive notice of the 10 determination to that person by any reasonable manner, which 11 may include posting the notice at or near the place where 12 the animal is located. The department shall also post the 13 constructive notice on the department’s internet site. 14 d. The department may seize the animal if the department 15 fails to receive a written response by the interested person by 16 the end of normal office hours of the next day the department 17 is available to receive the response after written notice of 18 the department’s abandonment determination is delivered. 19 e. Upon a determination by the department that exigent 20 circumstances exist, the department may enter onto private 21 property without a warrant and may seize an abandoned animal, 22 in a manner consistent with the laws of this state and 23 the United States, including Article I, section 8, of the 24 Constitution of the State of Iowa, or the fourth amendment to 25 the Constitution of the United States. 26 6. If an animal is seized pursuant to this section, the 27 department shall post a notice in a conspicuous place at the 28 location where the animal was seized. The notice shall state 29 the animal has been seized by the department pursuant to this 30 section and at least briefly describe where and when the animal 31 was seized, the species and number of animals seized, and that 32 a dispositional proceeding is to be conducted pursuant to 33 section 163.3E. 34 Sec. 10. NEW SECTION . 163.3E Emergency measures —— 35 -5- LSB 6357YC (3) 88 da/ns 5/ 22

H.F. _____ abandoned animals —— dispositional proceeding. 1 1. a. The department shall file a petition with the 2 district court for the disposition of an animal seized pursuant 3 to section 163.3D as soon as practicable. 4 b. The court shall notify the department and all interested 5 persons of the dispositional proceeding in a manner determined 6 reasonable by the court. The court shall hear the matter 7 within twenty-four hours from the time the department’s 8 petition is filed. The court may grant a continuance by a 9 motion of the department or upon petition by an interested 10 person. However, the interested person shall post a bond or 11 other security with the department in an amount determined by 12 the court, which shall not be more than the amount sufficient 13 to provide for the maintenance of the animal for the duration 14 of the continuance. 15 2. Upon a determination by the department that exigent 16 circumstances exist, the dispositional proceeding may be 17 conducted by an administrative law judge in the same manner 18 as an emergency adjudicative proceeding pursuant to section 19 17A.18A. The administrative law judge shall notify the 20 department and all interested persons of the dispositional 21 proceeding in a manner determined reasonable by the 22 administrative law judge given the circumstances in the case. 23 The procedures provided in this section may be supplemented 24 or modified by a declaration or proclamation issued by the 25 governor or an order issued by the secretary or the secretary’s 26 designee pursuant to section 163.3D. 27 3. a. A court or administrative law judge shall issue an 28 order for the disposition of the animal after making any of the 29 following determinations: 30 (1) That no interested person holds a legal interest in 31 the seized animal. In that case, the animal shall be deemed 32 abandoned and the order shall extinguish all prior legal 33 interests in the animal. The order shall grant an undivided 34 ownership interest in the animal free from any security 35 -6- LSB 6357YC (3) 88 da/ns 6/ 22

H.F. _____ interest or other agricultural lien or encumbrance to the 1 department. 2 (2) That an interested person holds a legal interest in 3 the seized animal, and the department has reasonable suspicion 4 to believe that the animal has been exposed to an infectious 5 or contagious disease. In that case, the order shall provide 6 for the disposition of the animal in the same manner as if the 7 department had identified the animal as having been exposed to 8 the infectious or contagious disease under the authorization 9 provided in section 163.3D. 10 (3) That a person holds a legal interest in the seized 11 animal, and there is no reasonable suspicion that the seized 12 animal has been exposed to an infectious or contagious disease. 13 In that case, the order shall direct the department to transfer 14 custody of the animal to the interested person. In the event 15 the animal is returned to the interested person, the department 16 shall not be subject to any claim for damages caused by the 17 seizure if the department’s actions were taken pursuant to 18 the department’s emergency efforts to establish and maintain 19 quarantine in response to a disease outbreak, as set forth in 20 section 669.14, subsection 3. 21 b. A reasonable suspicion asserted by the department may 22 be based on any credible evidence that shows the animal’s 23 possible exposure to an infectious or contagious disease or the 24 animal was abandoned. This paragraph “b” does not require the 25 department to conduct a test of an animal to determine whether 26 an animal has been exposed. 27 c. If two or more interested parties may be transferred 28 custody of an animal by the department pursuant to paragraph 29 “a” , subparagraph (3), the court or administrative law judge 30 shall order the department to transfer the animal to the owner 31 or otherwise to the interested person best able to care for the 32 animal without prejudicing the rights of any other interested 33 person. However, in any cause of action brought by an 34 interested person contesting the order to transfer under this 35 -7- LSB 6357YC (3) 88 da/ns 7/ 22

H.F. _____ subsection, the department shall not be included as a party. 1 4. a. In a dispositional proceeding conducted by a court or 2 administrative law judge under this section, or in a separate 3 cause of action brought by the department against an interested 4 person, the court or administrative law judge may award the 5 department all of the following: 6 (1) An amount necessary to reimburse the department for 7 expenses incurred in seizing and maintaining an abandoned 8 animal as well as any costs for the disposition of the 9 abandoned animal. 10 (2) Expenses related to the investigation and adjudication 11 of the case. 12 b. In a dispositional proceeding conducted by a court under 13 this section, or in a separate cause of action brought by the 14 department against an interested person, the court may award 15 the department court costs and reasonable attorney fees. 16 c. An award ordered under this subsection shall be paid 17 by an interested party who is transferred a seized animal by 18 the court or administrative law judge, or the owner of the 19 seized animal as determined by the court or administrative law 20 judge. The amount awarded the department shall be subtracted 21 from the proceeds, if any, received by the department from the 22 disposition of the animal. Any amount awarded by a court shall 23 be taxed as part of the costs of the cause of action. 24 d. If more than one interested person holds a legal interest 25 in the animal, the court or administrative law judge shall 26 calculate the respective contributions of the interested 27 persons based upon the percentage of legal interest in the 28 seized animal held by each interested person. The amount paid 29 to the department shall be sufficient to allow the department 30 to repay the livestock remediation fund as provided in section 31 459.501 and fully reimburse the department for all costs, fees, 32 and expenses incurred by the department under this section. 33 Sec. 11. NEW SECTION . 163.3F Interference with official 34 acts. 35 -8- LSB 6357YC (3) 88 da/ns 8/ 22

H.F. _____ 1. A person shall not interfere with an official act of the 1 department taken in the performance of a duty to prevent or 2 control the transmission of an infectious or contagious disease 3 among a population or species of animals, if the official act 4 is authorized as part of any of the following: 5 a. A veterinary emergency preparedness and response service 6 pursuant to section 163.3A. 7 b. A foreign animal disease preparedness and response 8 strategy pursuant to section 163.3C. 9 c. An emergency measure pursuant to section 163.3D or 10 163.3E. 11 2. Under this section, an official act of the department 12 may be performed by a departmental employee, or a veterinary or 13 special assistant appointed pursuant to section 163.3. 14 Sec. 12. Section 163.61, subsection 3, Code 2020, is amended 15 by adding the following new paragraph: 16 NEW PARAGRAPH . c. A person who interferes with an official 17 act as provided in section 163.3F shall be subject to a civil 18 penalty of at least one hundred dollars but not more than ten 19 thousand dollars. In the case of a continuing violation, 20 each day of the continuing violation is a separate violation. 21 However, a person shall not be subject to a civil penalty 22 totaling more than two hundred fifty thousand dollars arising 23 out of the same violation. 24 Sec. 13. Section 459.501, subsection 3, paragraph a, Code 25 2020, is amended by adding the following new subparagraph: 26 NEW SUBPARAGRAPH . (3) (a) To allocate moneys to the 27 department of agriculture and land stewardship for the payment 28 of expenses incurred by the department of agriculture and land 29 stewardship associated with all of the following: 30 (i) Providing for seizure of animals pursuant to sections 31 169.3D and 169.3E. 32 (ii) Court costs, reasonable attorney fees, and expenses 33 related to the investigation and prosecution of the case 34 arising from the seizure of animals. 35 -9- LSB 6357YC (3) 88 da/ns 9/ 22

H.F. _____ (b) The department of natural resources shall allocate 1 any amount of unencumbered and unobligated moneys demanded in 2 writing by the department of agriculture and land stewardship 3 as provided in this subparagraph. The department of natural 4 resources shall complete the allocation upon receiving the 5 demand. 6 (c) The department of agriculture and land stewardship 7 shall repay the fund any amount received from an interested 8 person pursuant to an order by a court in a dispositional 9 proceeding conducted pursuant to section 163.3E. 10 Sec. 14. REPEAL. Section 166D.3, Code 2020, is repealed. 11 Sec. 15. CODE EDITOR DIRECTIVE. 12 1. The Code editor is directed to make the following 13 transfer: 14 Section 163.3 to section 163.3G. 15 2. The Code editor shall correct internal references in the 16 Code and in any enacted legislation as necessary due to the 17 enactment of this section. 18 Sec. 16. CODE EDITOR DIRECTIVE. The Code editor shall 19 divide chapter 163, subchapter I, into parts, including 20 sections 163.1 and 163.2 as part A, sections 163.2A through 21 163.5, including sections amended or enacted as provided in 22 this Act, as part B, and sections 163.6 through 163.25 as part 23 C. 24 DIVISION III 25 COMMODITY PRODUCTION AND SALE 26 PART A 27 LOCAL FARM PRODUCE PROGRAM 28 Sec. 17. NEW SECTION . 190A.11 Definitions. 29 As used in this subchapter, unless the context otherwise 30 requires: 31 1. “Department” means the department of agriculture and land 32 stewardship. 33 2. “Farm source” means a farmer who produces and sells fresh 34 farm produce grown on the farmer’s land or a distributor of 35 -10- LSB 6357YC (3) 88 da/ns 10/ 22

H.F. _____ fresh farm produce who purchases fresh farm produce directly 1 from such farmer or sells fresh farm produce on behalf of such 2 farmer. 3 3. “Fresh farm produce” means vegetables, fruits, or nuts 4 intended for inclusion as part of a school diet, including 5 school meals and snacks as described in section 190A.3, if the 6 vegetables, fruits, or nuts are not processed except for being 7 trimmed, cleaned, dried, sorted, or packaged. 8 4. “Fund” means the local farm produce fund created in 9 section 190A.12. 10 5. “Program” means the local farm produce program created 11 in section 190A.13. 12 6. “School” means a public school or nonpublic school, as 13 those terms are defined in section 280.2, or that portion of a 14 public school or nonpublic school that provides facilities for 15 teaching any grade from kindergarten through grade twelve. 16 7. “School district” means a school district as described 17 in chapter 274. 18 Sec. 18. NEW SECTION . 190A.12 Local farm produce fund. 19 1. A local farm produce fund is created in the state 20 treasury under the management and control of the department. 21 2. The fund shall include moneys appropriated to the fund 22 by the general assembly. The fund may include other moneys 23 available to and obtained or accepted by the department, 24 including moneys from public or private sources. 25 3. Moneys in the fund are appropriated to support the 26 program in a manner determined by the department, including for 27 reasonable administrative costs incurred by the department. 28 Moneys expended from the fund shall not require further special 29 authorization by the general assembly. 30 4. a. Notwithstanding section 12C.7, interest or earnings 31 on moneys in the fund shall be credited to the fund. 32 b. Notwithstanding section 8.33, moneys credited to the 33 fund that remain unencumbered or unobligated at the end of a 34 fiscal year shall not revert but shall remain available for the 35 -11- LSB 6357YC (3) 88 da/ns 11/ 22

H.F. _____ purposes designated. 1 Sec. 19. NEW SECTION . 190A.13 Local farm produce program. 2 1. A local farm produce program is created. The program 3 shall be controlled and administered by the department. 4 2. The purpose of the program is to assist schools and 5 school districts in purchasing fresh farm produce. 6 3. The department shall reimburse a school or school 7 district for expenditures incurred by the school or school 8 district during the school year in which the school or school 9 district is participating in the program for purchases of fresh 10 farm produce. 11 4. A school or school district must apply each year to the 12 department to participate in the program according to rules 13 adopted by the department pursuant to chapter 17A. 14 5. To be eligible to participate in the program, a school or 15 school district must purchase the fresh farm produce directly 16 from a farm source as follows: 17 a. Except as provided in paragraph “b” , the farm source must 18 be located in this state. 19 b. If the school district shares a border with another 20 state, or the school is part of a school district that shares 21 a border with another state, the farm source may be located 22 in the other state. However, the food source must be located 23 within thirty miles from the school district’s border with that 24 state and the department must approve the purchase. 25 6. The department shall require proof of purchase prior to 26 reimbursing the school or school district for the purchase of 27 fresh farm produce. 28 7. The department may administer the program in cooperation 29 with the department of education and the participating school 30 district or school district in which a participating school is 31 located. 32 8. a. The department shall reimburse a participating 33 school or school district that submits a claim as required 34 by the department. The department shall pay the claim on a 35 -12- LSB 6357YC (3) 88 da/ns 12/ 22

H.F. _____ matching basis with the department contributing one dollar 1 for every three dollars expended by the school or school 2 district. However, a school or school district shall not 3 receive more than one thousand dollars during any year in which 4 it participates in the program. 5 b. Notwithstanding paragraph “a” , if the department 6 determines that there are sufficient moneys in the fund to 7 satisfy all claims that may be submitted by schools and school 8 districts, the department shall provide for the distribution 9 of the available moneys in a manner determined equitable by 10 the department, which may include a prorated distribution to 11 participating schools and school districts. 12 PART B 13 FERTILIZERS AND SOIL CONDITIONERS 14 Sec. 20. Section 200.3, subsection 24, Code 2020, is amended 15 by striking the subsection. 16 Sec. 21. Section 200.14, Code 2020, is amended to read as 17 follows: 18 200.14 Rules. 19 1. a. The secretary is authorized, after public hearing, 20 following due notice, to department may adopt rules setting 21 forth pursuant to chapter 17A providing minimum general 22 safety standards for the design, construction, location, 23 installation , and operation of equipment for storage, handling, 24 transportation by tank truck or tank trailer, and utilization 25 of anhydrous ammonia fertilizers and soil conditioners . 26 a. b. The rules shall be such as are reasonably necessary 27 for the protection and safety of the public and persons using 28 anhydrous ammonia fertilizers or soil conditioners , and shall 29 be in substantial conformity with the generally accepted 30 standards of safety. 31 b. Rules that are in substantial conformity with the 32 published standards of the agricultural ammonia institute for 33 the design, installation and construction of containers and 34 pertinent equipment for the storage and handling of anhydrous 35 -13- LSB 6357YC (3) 88 da/ns 13/ 22

H.F. _____ ammonia, shall be deemed to be in substantial conformity with 1 the generally accepted standards of safety. 2 2. c. Anhydrous ammonia Fertilizer and soil conditioner 3 equipment shall be installed and maintained in a safe operating 4 condition and in conformity with rules adopted by the secretary 5 department . 6 3. 2. The secretary shall enforce this chapter and, after 7 due publicity and due public hearing, department may adopt such 8 reasonable rules as may be necessary in order to carry into 9 effect the purpose , and intent and to secure the efficient 10 administration , of this chapter . 11 4. 3. This chapter does not prohibit the use of storage 12 tanks smaller than transporting tanks nor the transfer of all 13 kinds of fertilizer including anhydrous ammonia fertilizers 14 or soil conditioners directly from transporting tanks to 15 implements of husbandry, if proper safety precautions are 16 observed. 17 DIVISION IV 18 WEIGHTS AND MEASURES 19 PART A 20 GENERAL 21 Sec. 22. Section 214.1, Code 2020, is amended by adding the 22 following new subsection: 23 NEW SUBSECTION . 7. “Weighmaster” means a person who keeps 24 and regularly uses a commercial weighing and measuring device 25 to accurately weigh objects for others as part of the person’s 26 business operated on a profit, cooperative, or nonprofit basis. 27 Sec. 23. Section 214.3, subsection 1, Code 2020, is amended 28 to read as follows: 29 1. The A license issued by the department for the inspection 30 of a commercial weighing and measuring device shall expire on 31 December 31 of each year, and for a motor fuel pump on June 30 32 of each year. The amount of the fee due for each license shall 33 be as provided in subsection 3 , except that the fee for a motor 34 fuel pump shall be four dollars and fifty cents if paid within 35 -14- LSB 6357YC (3) 88 da/ns 14/ 22

H.F. _____ one month from the date the license is due. 1 Sec. 24. Section 214.3, subsection 3, paragraph e, 2 subparagraph (2), Code 2020, is amended to read as follows: 3 (2) Retail motor fuel pump, nine four dollars and fifty 4 cents . 5 Sec. 25. Section 214.4, subsection 1, unnumbered paragraph 6 1, Code 2020, is amended to read as follows: 7 If the department does not receive payment of the license 8 fee required pursuant to section 214.3 within one month from 9 the due date, the department shall send deliver a notice to 10 the owner or operator of the device. The notice shall be 11 delivered by certified mail. The notice shall state all of the 12 following: 13 Sec. 26. Section 214.6, Code 2020, is amended to read as 14 follows: 15 214.6 Oath Duties of weighmasters weighmaster . 16 All persons keeping a commercial weighing and measuring 17 device, before entering upon their duties as weighmasters, A 18 weighmaster shall be sworn before some person having authority 19 to administer oaths, to keep their ensure that a commercial 20 weighing and measuring device is correctly balanced , to make 21 true weights, and to shall render a correct account to the 22 person having weighing done. 23 Sec. 27. Section 214.11, Code 2020, is amended to read as 24 follows: 25 214.11 Inspections —— recalibrations —— penalty. 26 1. The department shall provide for annual inspections 27 of all motor fuel pumps, including but not limited to motor 28 fuel blender pumps, licensed under this chapter . Inspections 29 shall be for the purpose of determining the accuracy of the 30 pumps’ measuring mechanisms, and for such and correctness of 31 motor fuel pumps. For that purpose the department’s inspectors 32 may enter upon the premises of any wholesale dealer or retail 33 dealer , as they are defined in section 214A.1 , of motor fuel 34 or fuel oil within this state . 35 -15- LSB 6357YC (3) 88 da/ns 15/ 22

H.F. _____ 2. Upon completion of an inspection, the inspector shall 1 affix the department’s seal to the measuring mechanism of the 2 motor fuel pump. The seal shall be appropriately marked, 3 dated, and recorded by the inspector. If the owner of an 4 inspected and sealed motor fuel pump is registered with the 5 department as a servicer in accordance with section 215.23 , 6 or employs a person so registered as a servicer, the owner 7 or other servicer may open the motor fuel pump, break the 8 department’s seal, recalibrate the measuring mechanism if 9 necessary, and reseal the motor fuel pump as long as the 10 department is notified of the recalibration within forty-eight 11 hours, on a form in a manner provided by the department. 12 2. 3. A person violating a provision of this section is, 13 upon conviction, guilty of a simple misdemeanor. 14 PART B 15 MOTOR FUEL 16 Sec. 28. Section 214A.2A, subsection 1, Code 2020, is 17 amended to read as follows: 18 1. Fuel which is sold or is kept, offered, or exposed for 19 sale as kerosene shall be labeled as kerosene. The label 20 shall include the word “kerosene” and a or the designation as 21 either “K1” or “K2” “K1 kerosene” , and shall indicate that 22 the kerosene is in compliance with the standard specification 23 adopted by A.S.T.M. international specification D3699 (1982). 24 Sec. 29. REPEAL. Sections 214A.3 and 215A.15, Code 2020, 25 are repealed. 26 PART C 27 INSPECTIONS 28 Sec. 30. Section 215.4, Code 2020, is amended to read as 29 follows: 30 215.4 Tag for inaccurate or incorrect device —— reinspection 31 —— license fee. 32 A commercial weighing and measuring device found to be 33 inaccurate or incorrect upon inspection by the department 34 shall be rejected or tagged “condemned until repaired” and 35 -16- LSB 6357YC (3) 88 da/ns 16/ 22

H.F. _____ the “licensed for commercial use” inspection sticker shall be 1 removed. If notice is received by the department that the 2 device has been repaired and upon reinspection the device is 3 found to be accurate or correct, the a license fee shall not 4 may be charged for the reinspection. However, a second license 5 fee shall be charged if upon reinspection the device is found 6 to be inaccurate. The device shall be tagged “condemned” and 7 removed from service if a third reinspection fails. 8 Sec. 31. Section 215.7, Code 2020, is amended to read as 9 follows: 10 215.7 Transactions by false weights or measures. 11 1. A person shall be deemed to have violated the provisions 12 of this chapter and shall be punished as provided in chapter 13 189 , if the person does any of the following apply : 14 1. a. The person sells Sells , trades, delivers, charges 15 for, or claims to have delivered to a purchaser an amount 16 of any commodity which is less in weight or measure than 17 that which is asked for, agreed upon, claimed to have been 18 delivered, or noted on the delivery ticket. 19 2. b. The person makes Makes a settlement for or enters 20 a credit, based upon any false weight or measurement, for any 21 commodity purchased. 22 3. c. The person makes Makes a settlement for or enters 23 a credit, based upon any false weight or measurement, for any 24 labor where the price of producing or mining is determined by 25 weight or measure. 26 4. d. The person records Records a false weight or 27 measurement upon the weight ticket or book. 28 2. The department may adopt rules pursuant to chapter 17A 29 that allow for reasonable variations and exceptions for small 30 packages. 31 3. A person who violates this section is guilty of a simple 32 misdemeanor. 33 Sec. 32. Section 215.23, Code 2020, is amended to read as 34 follows: 35 -17- LSB 6357YC (3) 88 da/ns 17/ 22

H.F. _____ 215.23 Servicer’s license. 1 1. A servicer shall not install, service, or repair a 2 commercial weighing and measuring device until the servicer 3 has demonstrated that the servicer has available adequate 4 testing equipment, and that the servicer possesses a working 5 knowledge of all devices the servicer intends to install or 6 repair and of all appropriate weights, measures, statutes, and 7 rules, as evidenced by passing a qualifying examination to 8 be conducted by the department and obtaining a license. The 9 secretary of agriculture shall establish by rule pursuant to 10 chapter 17A , requirements for and contents of the examination. 11 The department may adopt rules pursuant to chapter 17A setting 12 forth qualification requirements for persons applying for a 13 servicer’s license, including an examination. 14 2. In determining these a servicer’s qualifications, the 15 secretary shall department may consider the specifications 16 of the United States national institute of standards and 17 technology, handbook 44, “Specifications, Tolerances, and 18 Technical Requirements for Weighing and Measuring Devices”, 19 or the current successor or equivalent specifications adopted 20 by the United States national institute of standards and 21 technology. 22 3. The secretary shall department may require an annual the 23 payment of license fee of not more than five dollars for an 24 amount established by rule for each license issued under this 25 section . 26 4. Each A license shall expire one year two years from its 27 date of issuance. 28 Sec. 33. REPEAL. Sections 215.3 and 215.8, Code 2020, are 29 repealed. 30 EXPLANATION 31 The inclusion of this explanation does not constitute agreement with 32 the explanation’s substance by the members of the general assembly. 33 GENERAL. This bill amends, enacts, or repeals a number 34 of provisions administered or regulated by the department of 35 -18- LSB 6357YC (3) 88 da/ns 18/ 22

H.F. _____ agriculture and land stewardship (DALS) as codified in Title V 1 of the Code, including in subtitle 1, which includes a number 2 of general provisions, subtitle 2, which includes provisions 3 regulating animal industry, and subtitle 4, which provides for 4 agricultural commodities and products in addition to related 5 activities. 6 SUBTITLE 1 —— ADMINISTRATION. The bill eliminates a 7 requirement that DALS maintain a marketing news service 8 bureau, but retains a requirement that it cooperate with the 9 agricultural marketing service of the United States department 10 of agriculture (Code section 159.5). 11 SUBTITLE 2 —— COMMERCIAL ESTABLISHMENTS. The bill 12 eliminates a requirement that an application form for the 13 issuance or renewal of an authorization to operate a commercial 14 establishment include the applicant’s identification number, 15 which may be a tax identification number (Code section 162.2A). 16 CONTROL OF CONTAGIOUS AND INFECTIOUS DISEASES. The bill 17 provides that DALS may seize one or more abandoned animals 18 pursuant to an authorization providing emergency measures 19 to prevent or control the transmission of an infectious 20 or contagious disease (disease) among livestock or other 21 agricultural animals (animals) that have been abandoned. 22 The authorization may be made pursuant to a declaration or 23 proclamation issued by the governor, an order issued by the 24 secretary of agriculture, or another provision of law. As 25 part of a seizure, DALS may seize and maintain the animal upon 26 providing notice of the abandonment to identifiable interested 27 persons (an owner or secured creditor). The disposition 28 of the seized animal must be made by a court, unless DALS 29 determines that exigent circumstances exist. In that case, the 30 dispositional proceeding may be conducted by an administrative 31 law judge. The court or administrative law judge may award 32 DALS expenses and costs. DALS may use moneys available in the 33 livestock remediation fund (Code section 459.501) to pay for 34 expenses related to the seizure. Moneys in the fund may also 35 -19- LSB 6357YC (3) 88 da/ns 19/ 22