SF 359 (LSB 1366SV (2) 89)

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 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 2021, 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

    Sec. 2.  Section 162.2A, subsection 3, paragraph d, Code 2021, is amended by striking the paragraph.
DIVISION III
COMMODITY PRODUCTION AND SALE

PART A
FARM-TO-SCHOOL ACT

    Sec. 3.  Section 190A.1, Code 2021, is amended by striking the section and inserting in lieu thereof the following:
   190A.1  Short title.
   This chapter shall be known and may be cited as the “Farm-to-School Act”.
    Sec. 4.  NEW SECTION.  190A.2  Definitions.
   As used in this subchapter, unless the context otherwise requires:
   1.  “Department” means the department of agriculture and land stewardship.
   2.  “Food animal” means an animal belonging to the bovine, caprine, ovine, or porcine species; turkeys, chickens, or other types of poultry; farm deer as defined in section 170.1; fish or other aquatic organisms confined in private waters for human consumption; or bees.
   3.  “Food commodity” means any of the following:
   a.  A food animal.
   b.  An item regularly generated by a food animal, including milk, eggs, or honey, that has been collected, and that is to be processed into a food product.
   c.  Sap or whole produce, including vegetables or fruit, that has been harvested and that is to be processed into a food product.
   4.  “Food product” means a perishable or nonperishable product derived from processing a food commodity to be fit for human consumption, including but not limited to pasteurized milk or dairy products, washed shelled eggs, cut and washed produce, honey, maple syrup, unshelled or shelled nuts, cuts of meat or poultry, or cuts of fish or shelled aquatic items.
   5.  “Fund” means the farm-to-school fund created in section 190A.5.
   6.  “Process” means to prepare a food commodity in a manner that allows it to be sold to consumers as a food product, including by altering the form or identity of the commodity; trimming, cutting, cleaning, drying, filtering, sorting, or shelling the commodity; or packaging the commodity.
   7.  “Program” means the farm-to-school program created in section 190A.6.
   8.  “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.
   9.  “School district” means a school district as described in chapter 274.
    Sec. 5.  Section 190A.3, subsection 1, Code 2021, is amended to read as follows:
   1.  The farm-to-school program shall seek to link elementary and secondary public and nonpublic schools in this state with Iowa farms to provide schools with fresh and minimally processed wholesome, locally produced food for inclusion in school meals and snacks, encourage children to develop healthy eating habits, and provide Iowa farmers access to consumer markets.
    Sec. 6.  NEW SECTION.  190A.5  Farm-to-school fund.
   1.  A farm-to-school 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. 7.  NEW SECTION.  190A.6  Farm-to-school program.
   1.  A farm-to-school 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 food products derived from food commodities produced on a farm.
   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 to purchase food products derived from food commodities produced on a farm.
   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 a food product directly from a farm source as follows:
   a.  The farm source must be any of the following:
   (1)  A farm where a food commodity is produced, if the food commodity is processed into a food product on the farm for sale to a consumer.
   (2)  A business premises that is directly shipped a food commodity from a farm, if the food commodity is processed into a food product on the business premises for sale to a consumer.
   (3)  A business premises that is directly shipped a food product from a farm, if the food product is purchased for resale to a consumer or is distributed to a consumer on behalf of a farmer.
   b.  The farm source must comply with all applicable laws regulating the sale of food.
   c.  The farm source must be located within thirty miles of the school or the school district’s border.
   6.  The department shall require proof of purchase prior to reimbursing the school or school district for the purchase of food products.
   7.  The department may administer the program in cooperation with the department of education and the participating school 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. 8.  Section 200.3, subsection 24, Code 2021, is amended by striking the subsection.
    Sec. 9.  Section 200.14, Code 2021, 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. 10.  Section 214.1, Code 2021, is amended by adding the following new subsection:
   NEW SUBSECTION.  6.  “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. 11.  Section 214.3, subsection 1, Code 2021, 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. 12.  Section 214.3, subsection 3, paragraph e, subparagraph (2), Code 2021, is amended to read as follows:
   (2)  Retail motor fuel pump, nine four dollars and fifty cents.
    Sec. 13.  Section 214.4, subsection 1, unnumbered paragraph 1, Code 2021, 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. 14.  Section 214.6, Code 2021, 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. 15.  Section 214.11, Code 2021, 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. 16.  Section 214A.2A, subsection 1, Code 2021, 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. 17.  REPEAL.  Section 214A.15, Code 2021, is repealed.

PART C
INSPECTIONS

    Sec. 18.  Section 215.4, Code 2021, 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. 19.  Section 215.7, Code 2021, 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. 20.  Section 215.23, Code 2021, 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 a 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. 21.  REPEAL.  Sections 215.3 and 215.8, Code 2021, 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.
   SUBTITLE 4 —— FARM-TO-SCHOOL PROGRAM. The bill amends provisions creating a farm-to-school program administered by DALS under Code chapter 190A. The program assists schools and school districts in purchasing food products derived from food commodities produced on a farm and either processed on the farm or processed at a business premises (referred to as a farm source) located within 30 miles of the school or school district’s borders. A food product is a perishable or nonperishable product derived from processing a food commodity including pasteurized milk or dairy products, washed shelled eggs, cut and washed produce, honey, maple syrup, unshelled or shelled nuts, cuts of meat or poultry, or cuts of fish or shelled aquatic items. DALS may reimburse a school or school district for expenditures for 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 farm-to-school 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 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 $105 but not more than $855 or by both.