Senate File 359 - Introduced SENATE FILE 359 BY COMMITTEE ON AGRICULTURE (SUCCESSOR TO SSB 1121) 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 1366SV (2) 89 da/ns
S.F. 359 DIVISION I 1 DEPARTMENTAL ORGANIZATION 2 Section 1. Section 159.5, subsection 7, Code 2021, 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 Sec. 2. Section 162.2A, subsection 3, paragraph d, Code 14 2021, is amended by striking the paragraph. 15 DIVISION III 16 COMMODITY PRODUCTION AND SALE 17 PART A 18 FARM-TO-SCHOOL ACT 19 Sec. 3. Section 190A.1, Code 2021, is amended by striking 20 the section and inserting in lieu thereof the following: 21 190A.1 Short title. 22 This chapter shall be known and may be cited as the 23 “Farm-to-School Act” . 24 Sec. 4. NEW SECTION . 190A.2 Definitions. 25 As used in this subchapter, unless the context otherwise 26 requires: 27 1. “Department” means the department of agriculture and land 28 stewardship. 29 2. “Food animal” means an animal belonging to the bovine, 30 caprine, ovine, or porcine species; turkeys, chickens, or other 31 types of poultry; farm deer as defined in section 170.1; fish 32 or other aquatic organisms confined in private waters for human 33 consumption; or bees. 34 3. “Food commodity” means any of the following: 35 -1- LSB 1366SV (2) 89 da/ns 1/ 13
S.F. 359 a. A food animal. 1 b. An item regularly generated by a food animal, including 2 milk, eggs, or honey, that has been collected, and that is to 3 be processed into a food product. 4 c. Sap or whole produce, including vegetables or fruit, 5 that has been harvested and that is to be processed into a food 6 product. 7 4. “Food product” means a perishable or nonperishable 8 product derived from processing a food commodity to be fit for 9 human consumption, including but not limited to pasteurized 10 milk or dairy products, washed shelled eggs, cut and washed 11 produce, honey, maple syrup, unshelled or shelled nuts, cuts of 12 meat or poultry, or cuts of fish or shelled aquatic items. 13 5. “Fund” means the farm-to-school fund created in section 14 190A.5. 15 6. “Process” means to prepare a food commodity in a manner 16 that allows it to be sold to consumers as a food product, 17 including by altering the form or identity of the commodity; 18 trimming, cutting, cleaning, drying, filtering, sorting, or 19 shelling the commodity; or packaging the commodity. 20 7. “Program” means the farm-to-school program created in 21 section 190A.6. 22 8. “School” means a public school or nonpublic school, as 23 those terms are defined in section 280.2, or that portion of a 24 public school or nonpublic school that provides facilities for 25 teaching any grade from kindergarten through grade twelve. 26 9. “School district” means a school district as described 27 in chapter 274. 28 Sec. 5. Section 190A.3, subsection 1, Code 2021, is amended 29 to read as follows: 30 1. The farm-to-school program shall seek to link elementary 31 and secondary public and nonpublic schools in this state 32 with Iowa farms to provide schools with fresh and minimally 33 processed wholesome, locally produced food for inclusion in 34 school meals and snacks, encourage children to develop healthy 35 -2- LSB 1366SV (2) 89 da/ns 2/ 13
S.F. 359 eating habits, and provide Iowa farmers access to consumer 1 markets. 2 Sec. 6. NEW SECTION . 190A.5 Farm-to-school fund. 3 1. A farm-to-school fund is created in the state treasury 4 under the management and control of the department. 5 2. The fund shall include moneys appropriated to the fund 6 by the general assembly. The fund may include other moneys 7 available to and obtained or accepted by the department, 8 including moneys from public or private sources. 9 3. Moneys in the fund are appropriated to support the 10 program in a manner determined by the department, including for 11 reasonable administrative costs incurred by the department. 12 Moneys expended from the fund shall not require further special 13 authorization by the general assembly. 14 4. a. Notwithstanding section 12C.7, interest or earnings 15 on moneys in the fund shall be credited to the fund. 16 b. Notwithstanding section 8.33, moneys credited to the 17 fund that remain unencumbered or unobligated at the end of a 18 fiscal year shall not revert but shall remain available for the 19 purposes designated. 20 Sec. 7. NEW SECTION . 190A.6 Farm-to-school program. 21 1. A farm-to-school program is created. The program shall 22 be controlled and administered by the department. 23 2. The purpose of the program is to assist schools and 24 school districts in purchasing food products derived from food 25 commodities produced on a farm. 26 3. The department shall reimburse a school or school 27 district for expenditures incurred by the school or school 28 district during the school year in which the school or school 29 district is participating in the program to purchase food 30 products derived from food commodities produced on a farm. 31 4. A school or school district must apply each year to the 32 department to participate in the program according to rules 33 adopted by the department pursuant to chapter 17A. 34 5. To be eligible to participate in the program, a school or 35 -3- LSB 1366SV (2) 89 da/ns 3/ 13
S.F. 359 school district must purchase a food product directly from a 1 farm source as follows: 2 a. The farm source must be any of the following: 3 (1) A farm where a food commodity is produced, if the food 4 commodity is processed into a food product on the farm for sale 5 to a consumer. 6 (2) A business premises that is directly shipped a food 7 commodity from a farm, if the food commodity is processed into 8 a food product on the business premises for sale to a consumer. 9 (3) A business premises that is directly shipped a food 10 product from a farm, if the food product is purchased for 11 resale to a consumer or is distributed to a consumer on behalf 12 of a farmer. 13 b. The farm source must comply with all applicable laws 14 regulating the sale of food. 15 c. The farm source must be located within thirty miles of 16 the school or the school district’s border. 17 6. The department shall require proof of purchase prior to 18 reimbursing the school or school district for the purchase of 19 food products. 20 7. The department may administer the program in cooperation 21 with the department of education and the participating school 22 or school district in which a participating school is located. 23 8. a. The department shall reimburse a participating 24 school or school district that submits a claim as required 25 by the department. The department shall pay the claim on a 26 matching basis with the department contributing one dollar 27 for every three dollars expended by the school or school 28 district. However, a school or school district shall not 29 receive more than one thousand dollars during any year in which 30 it participates in the program. 31 b. Notwithstanding paragraph “a” , if the department 32 determines that there are sufficient moneys in the fund to 33 satisfy all claims that may be submitted by schools and school 34 districts, the department shall provide for the distribution 35 -4- LSB 1366SV (2) 89 da/ns 4/ 13
S.F. 359 of the available moneys in a manner determined equitable by 1 the department, which may include a prorated distribution to 2 participating schools and school districts. 3 PART B 4 FERTILIZERS AND SOIL CONDITIONERS 5 Sec. 8. Section 200.3, subsection 24, Code 2021, is amended 6 by striking the subsection. 7 Sec. 9. Section 200.14, Code 2021, is amended to read as 8 follows: 9 200.14 Rules. 10 1. a. The secretary is authorized, after public hearing, 11 following due notice, to department may adopt rules setting 12 forth pursuant to chapter 17A providing minimum general 13 safety standards for the design, construction, location, 14 installation , and operation of equipment for storage, handling, 15 transportation by tank truck or tank trailer, and utilization 16 of anhydrous ammonia fertilizers and soil conditioners . 17 a. b. The rules shall be such as are reasonably necessary 18 for the protection and safety of the public and persons using 19 anhydrous ammonia fertilizers or soil conditioners , and shall 20 be in substantial conformity with the generally accepted 21 standards of safety. 22 b. Rules that are in substantial conformity with the 23 published standards of the agricultural ammonia institute for 24 the design, installation and construction of containers and 25 pertinent equipment for the storage and handling of anhydrous 26 ammonia, shall be deemed to be in substantial conformity with 27 the generally accepted standards of safety. 28 2. c. Anhydrous ammonia Fertilizer and soil conditioner 29 equipment shall be installed and maintained in a safe operating 30 condition and in conformity with rules adopted by the secretary 31 department . 32 3. 2. The secretary shall enforce this chapter and, after 33 due publicity and due public hearing, department may adopt such 34 reasonable rules as may be necessary in order to carry into 35 -5- LSB 1366SV (2) 89 da/ns 5/ 13
S.F. 359 effect the purpose , and intent and to secure the efficient 1 administration , of this chapter . 2 4. 3. This chapter does not prohibit the use of storage 3 tanks smaller than transporting tanks nor the transfer of all 4 kinds of fertilizer including anhydrous ammonia fertilizers 5 or soil conditioners directly from transporting tanks to 6 implements of husbandry, if proper safety precautions are 7 observed. 8 DIVISION IV 9 WEIGHTS AND MEASURES 10 PART A 11 GENERAL 12 Sec. 10. Section 214.1, Code 2021, is amended by adding the 13 following new subsection: 14 NEW SUBSECTION . 6. “Weighmaster” means a person who keeps 15 and regularly uses a commercial weighing and measuring device 16 to accurately weigh objects for others as part of the person’s 17 business operated on a profit, cooperative, or nonprofit basis. 18 Sec. 11. Section 214.3, subsection 1, Code 2021, is amended 19 to read as follows: 20 1. The A license issued by the department for the inspection 21 of a commercial weighing and measuring device shall expire on 22 December 31 of each year, and for a motor fuel pump on June 30 23 of each year. The amount of the fee due for each license shall 24 be as provided in subsection 3 , except that the fee for a motor 25 fuel pump shall be four dollars and fifty cents if paid within 26 one month from the date the license is due. 27 Sec. 12. Section 214.3, subsection 3, paragraph e, 28 subparagraph (2), Code 2021, is amended to read as follows: 29 (2) Retail motor fuel pump, nine four dollars and fifty 30 cents . 31 Sec. 13. Section 214.4, subsection 1, unnumbered paragraph 32 1, Code 2021, is amended to read as follows: 33 If the department does not receive payment of the license 34 fee required pursuant to section 214.3 within one month from 35 -6- LSB 1366SV (2) 89 da/ns 6/ 13
S.F. 359 the due date, the department shall send deliver a notice to 1 the owner or operator of the device. The notice shall be 2 delivered by certified mail. The notice shall state all of the 3 following: 4 Sec. 14. Section 214.6, Code 2021, is amended to read as 5 follows: 6 214.6 Oath Duties of weighmasters weighmaster . 7 All persons keeping a commercial weighing and measuring 8 device, before entering upon their duties as weighmasters, A 9 weighmaster shall be sworn before some person having authority 10 to administer oaths, to keep their ensure that a commercial 11 weighing and measuring device is correctly balanced , to make 12 true weights, and to shall render a correct account to the 13 person having weighing done. 14 Sec. 15. Section 214.11, Code 2021, is amended to read as 15 follows: 16 214.11 Inspections —— recalibrations —— penalty. 17 1. The department shall provide for annual inspections 18 of all motor fuel pumps, including but not limited to motor 19 fuel blender pumps, licensed under this chapter . Inspections 20 shall be for the purpose of determining the accuracy of the 21 pumps’ measuring mechanisms, and for such and correctness of 22 motor fuel pumps. For that purpose the department’s inspectors 23 may enter upon the premises of any wholesale dealer or retail 24 dealer , as they are defined in section 214A.1 , of motor fuel 25 or fuel oil within this state . 26 2. Upon completion of an inspection, the inspector shall 27 affix the department’s seal to the measuring mechanism of the 28 motor fuel pump. The seal shall be appropriately marked, 29 dated, and recorded by the inspector. If the owner of an 30 inspected and sealed motor fuel pump is registered with the 31 department as a servicer in accordance with section 215.23 , 32 or employs a person so registered as a servicer, the owner 33 or other servicer may open the motor fuel pump, break the 34 department’s seal, recalibrate the measuring mechanism if 35 -7- LSB 1366SV (2) 89 da/ns 7/ 13
S.F. 359 necessary, and reseal the motor fuel pump as long as the 1 department is notified of the recalibration within forty-eight 2 hours, on a form in a manner provided by the department. 3 2. 3. A person violating a provision of this section is, 4 upon conviction, guilty of a simple misdemeanor. 5 PART B 6 MOTOR FUEL 7 Sec. 16. Section 214A.2A, subsection 1, Code 2021, is 8 amended to read as follows: 9 1. Fuel which is sold or is kept, offered, or exposed for 10 sale as kerosene shall be labeled as kerosene. The label 11 shall include the word “kerosene” and a or the designation as 12 either “K1” or “K2” “K1 kerosene” , and shall indicate that 13 the kerosene is in compliance with the standard specification 14 adopted by A.S.T.M. international specification D3699 (1982). 15 Sec. 17. REPEAL. Section 214A.15, Code 2021, is repealed. 16 PART C 17 INSPECTIONS 18 Sec. 18. Section 215.4, Code 2021, is amended to read as 19 follows: 20 215.4 Tag for inaccurate or incorrect device —— reinspection 21 —— license fee. 22 A commercial weighing and measuring device found to be 23 inaccurate or incorrect upon inspection by the department 24 shall be rejected or tagged “condemned until repaired” and 25 the “licensed for commercial use” inspection sticker shall be 26 removed. If notice is received by the department that the 27 device has been repaired and upon reinspection the device is 28 found to be accurate or correct, the a license fee shall not 29 may be charged for the reinspection. However, a second license 30 fee shall be charged if upon reinspection the device is found 31 to be inaccurate. The device shall be tagged “condemned” and 32 removed from service if a third reinspection fails. 33 Sec. 19. Section 215.7, Code 2021, is amended to read as 34 follows: 35 -8- LSB 1366SV (2) 89 da/ns 8/ 13
S.F. 359 215.7 Transactions by false weights or measures. 1 1. A person shall be deemed to have violated the provisions 2 of this chapter and shall be punished as provided in chapter 3 189 , if the person does any of the following apply : 4 1. a. The person sells Sells , trades, delivers, charges 5 for, or claims to have delivered to a purchaser an amount 6 of any commodity which is less in weight or measure than 7 that which is asked for, agreed upon, claimed to have been 8 delivered, or noted on the delivery ticket. 9 2. b. The person makes Makes a settlement for or enters 10 a credit, based upon any false weight or measurement, for any 11 commodity purchased. 12 3. c. The person makes Makes a settlement for or enters 13 a credit, based upon any false weight or measurement, for any 14 labor where the price of producing or mining is determined by 15 weight or measure. 16 4. d. The person records Records a false weight or 17 measurement upon the weight ticket or book. 18 2. The department may adopt rules pursuant to chapter 17A 19 that allow for reasonable variations and exceptions for small 20 packages. 21 3. A person who violates this section is guilty of a simple 22 misdemeanor. 23 Sec. 20. Section 215.23, Code 2021, is amended to read as 24 follows: 25 215.23 Servicer’s license. 26 1. A servicer shall not install, service, or repair a 27 commercial weighing and measuring device until the servicer 28 has demonstrated that the servicer has available adequate 29 testing equipment, and that the servicer possesses a working 30 knowledge of all devices the servicer intends to install or 31 repair and of all appropriate weights, measures, statutes, and 32 rules, as evidenced by passing a qualifying examination to 33 be conducted by the department and obtaining a license. The 34 secretary of agriculture shall establish by rule pursuant to 35 -9- LSB 1366SV (2) 89 da/ns 9/ 13
S.F. 359 chapter 17A , requirements for and contents of the examination. 1 The department may adopt rules pursuant to chapter 17A setting 2 forth qualification requirements for persons applying for a 3 servicer’s license, including an examination. 4 2. In determining these a servicer’s qualifications, the 5 secretary shall department may consider the specifications 6 of the United States national institute of standards and 7 technology, handbook 44, “Specifications, Tolerances, and 8 Technical Requirements for Weighing and Measuring Devices”, 9 or the current successor or equivalent specifications adopted 10 by the United States national institute of standards and 11 technology. 12 3. The secretary shall department may require an annual the 13 payment of a license fee of not more than five dollars for an 14 amount established by rule for each license issued under this 15 section . 16 4. Each A license shall expire one year two years from its 17 date of issuance. 18 Sec. 21. REPEAL. Sections 215.3 and 215.8, Code 2021, are 19 repealed. 20 EXPLANATION 21 The inclusion of this explanation does not constitute agreement with 22 the explanation’s substance by the members of the general assembly. 23 GENERAL. This bill amends, enacts, or repeals a number 24 of provisions administered or regulated by the department of 25 agriculture and land stewardship (DALS) as codified in Title V 26 of the Code, including in subtitle 1, which includes a number 27 of general provisions, subtitle 2, which includes provisions 28 regulating animal industry, and subtitle 4, which provides for 29 agricultural commodities and products in addition to related 30 activities. 31 SUBTITLE 1 —— ADMINISTRATION. The bill eliminates a 32 requirement that DALS maintain a marketing news service 33 bureau, but retains a requirement that it cooperate with the 34 agricultural marketing service of the United States department 35 -10- LSB 1366SV (2) 89 da/ns 10/ 13
S.F. 359 of agriculture (Code section 159.5). 1 SUBTITLE 2 —— COMMERCIAL ESTABLISHMENTS. The bill 2 eliminates a requirement that an application form for the 3 issuance or renewal of an authorization to operate a commercial 4 establishment include the applicant’s identification number, 5 which may be a tax identification number. 6 SUBTITLE 4 —— FARM-TO-SCHOOL PROGRAM. The bill amends 7 provisions creating a farm-to-school program administered by 8 DALS under Code chapter 190A. The program assists schools 9 and school districts in purchasing food products derived from 10 food commodities produced on a farm and either processed on 11 the farm or processed at a business premises (referred to 12 as a farm source) located within 30 miles of the school or 13 school district’s borders. A food product is a perishable or 14 nonperishable product derived from processing a food commodity 15 including pasteurized milk or dairy products, washed shelled 16 eggs, cut and washed produce, honey, maple syrup, unshelled 17 or shelled nuts, cuts of meat or poultry, or cuts of fish or 18 shelled aquatic items. DALS may reimburse a school or school 19 district for expenditures for such products to the extent 20 moneys are available to support the program. The available 21 moneys would be allocated during the school year on a matching 22 basis, subject to a $1,000 cap. The bill also creates a 23 farm-to-school fund to support the program. 24 FERTILIZERS AND SOIL CONDITIONERS. The bill authorizes DALS 25 to adopt rules regulating the design, construction, location, 26 installation, and operation of equipment associated with 27 the use of fertilizers and soil conditioners (Code sections 28 200.3 and 200.14). Current law allows DALS to adopt such 29 rules regulating anhydrous ammonia equipment. The bill also 30 eliminates a requirement that such rules be in conformity with 31 the published standards of the agricultural ammonia institute. 32 A person violating such rules is guilty of a simple misdemeanor 33 (Code section 200.18). 34 WEIGHTS AND MEASURES (GENERAL). The bill amends a number 35 -11- LSB 1366SV (2) 89 da/ns 11/ 13
S.F. 359 of provisions regulating weights and measures, including the 1 inspection of associated devices. The bill reduces the fee 2 for the inspection of motor fuel pumps from $9 to $4.50 (the 3 same amount due under current law if the inspection fee is paid 4 early) (Code section 214.3). The bill no longer requires that 5 DALS deliver a late payment notice to an owner or operator of 6 a device by certified mail (Code section 214.4). The bill 7 eliminates a requirement that a weighmaster (a person who keeps 8 and uses a device as part of a business) must take an oath (Code 9 sections 214.1 and 214.6). 10 WEIGHTS AND MEASURES (MOTOR FUEL). The bill revises 11 requirements for the labeling of kerosene (Code section 12 214A.2A). The bill also repeals a provision prohibiting a 13 person from placing gasoline into a receptacle, unless the 14 receptacle states a warning (Code section 214A.15). 15 WEIGHTS AND MEASURES (INSPECTIONS). The bill provides that 16 DALS may but is no longer required to charge a license fee for 17 a device that has been taken out of service due to a repair 18 and reinspected (Code section 215.4). The bill allows DALS 19 to make an exception in a case where a commercial transaction 20 involves a small package, and the person would otherwise be 21 guilty of a simple misdemeanor because the person stated 22 a false weight or measure (Code section 215.7). The bill 23 provides for the regulation of a servicer (a person employed 24 to install, service, or repair a device), by eliminating 25 an examination requirement and allowing DALS to require 26 qualification standards which may include an examination 27 (Code sections 215.1 and 215.23). The bill provides for a 28 two-year rather than annual servicer license and allows DALS to 29 establish the license fee. The annual license fee is currently 30 $5. The bill eliminates a provision that allows DALS to charge 31 a complaining party an inspection fee, if the complaint was 32 unfounded (Code section 215.3). The bill repeals a provision 33 that authorizes DALS to establish reasonable variances in the 34 weighing and measuring of small packages (Code section 215.8). 35 -12- LSB 1366SV (2) 89 da/ns 12/ 13
S.F. 359 That qualification is incorporated in the amendments to the 1 provision regulating small package transactions (Code section 2 215.7). 3 CRIMINAL PENALTIES. A simple misdemeanor is punishable by 4 confinement for no more than 30 days or a fine of at least $105 5 but not more than $855 or by both. 6 -13- LSB 1366SV (2) 89 da/ns 13/ 13