Senate File 578 - Introduced SENATE FILE 578 BY COMMITTEE ON WAYS AND MEANS (SUCCESSOR TO SF 359) (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 1366SZ (2) 89 da/ns

S.F. 578 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 PART A 14 COMMERCIAL ESTABLISHMENTS 15 Sec. 2. Section 162.2A, subsection 3, paragraph d, Code 16 2021, is amended by striking the paragraph. 17 PART B 18 FOREIGN ANIMAL DISEASE CONTROL 19 Sec. 3. Section 22.7, Code 2021, is amended by adding the 20 following new subsection: 21 NEW SUBSECTION . 39A. Information related to the 22 registration and identification of any premises where animals 23 are kept as authorized pursuant to the foreign animal disease 24 preparedness and response strategy as provided in section 25 163.3C. 26 Sec. 4. Section 163.3C, Code 2021, is amended by adding the 27 following new subsection: 28 NEW SUBSECTION . 3. a. In developing and establishing a 29 foreign animal disease preparedness and response strategy, the 30 department may collect, maintain, and use information related 31 to the registration and identification of any premises where 32 animals are kept. The information may include but is not 33 limited to all of the following: 34 (1) The name, address, and contact information of an 35 -1- LSB 1366SZ (2) 89 da/ns 1/ 14

S.F. 578 interested person. 1 (2) The location of the premises where the animals are kept. 2 (3) An identification number assigned to the premises where 3 the animals are kept. 4 b. The information described in paragraph “a” is a 5 confidential record as provided in section 22.7. Nothing 6 in this subsection limits the department in acting as the 7 lawful custodian of the confidential record from disclosing 8 the record or any part of the record to another person if the 9 department determines that such disclosure will assist in 10 implementing, administering, or enforcing the foreign animal 11 disease preparedness and response strategy. 12 DIVISION III 13 COMMODITY PRODUCTION AND SALE 14 PART A 15 FARM-TO-SCHOOL ACT 16 Sec. 5. Section 190A.1, Code 2021, is amended by striking 17 the section and inserting in lieu thereof the following: 18 190A.1 Short title. 19 This chapter shall be known and may be cited as the 20 “Farm-to-School Act” . 21 Sec. 6. NEW SECTION . 190A.2 Definitions. 22 As used in this subchapter, unless the context otherwise 23 requires: 24 1. “Department” means the department of agriculture and land 25 stewardship. 26 2. “Food animal” means an animal belonging to the bovine, 27 caprine, ovine, or porcine species; turkeys, chickens, or other 28 types of poultry; farm deer as defined in section 170.1; fish 29 or other aquatic organisms confined in private waters for human 30 consumption; or bees. 31 3. “Food commodity” means any of the following: 32 a. A food animal. 33 b. An item regularly generated by a food animal, including 34 milk, eggs, or honey, that has been collected, and that is to 35 -2- LSB 1366SZ (2) 89 da/ns 2/ 14

S.F. 578 be processed into a food product. 1 c. Sap or whole produce, including vegetables or fruit, 2 that has been harvested and that is to be processed into a food 3 product. 4 4. “Food product” means a perishable or nonperishable 5 product derived from processing a food commodity to be fit for 6 human consumption, including but not limited to pasteurized 7 milk or dairy products, washed shelled eggs, cut and washed 8 produce, honey, maple syrup, unshelled or shelled nuts, cuts of 9 meat or poultry, or cuts of fish or shelled aquatic items. 10 5. “Fund” means the farm-to-school fund created in section 11 190A.5. 12 6. “Process” means to prepare a food commodity in a manner 13 that allows it to be sold to consumers as a food product, 14 including by altering the form or identity of the commodity; 15 trimming, cutting, cleaning, drying, filtering, sorting, or 16 shelling the commodity; or packaging the commodity. 17 7. “Program” means the farm-to-school program created in 18 section 190A.6. 19 8. “School” means a public school or nonpublic school, as 20 those terms are defined in section 280.2, or that portion of a 21 public school or nonpublic school that provides facilities for 22 teaching any grade from kindergarten through grade twelve. 23 9. “School district” means a school district as described 24 in chapter 274. 25 Sec. 7. Section 190A.3, subsection 1, Code 2021, is amended 26 to read as follows: 27 1. The farm-to-school program shall seek to link elementary 28 and secondary public and nonpublic schools in this state 29 with Iowa farms to provide schools with fresh and minimally 30 processed wholesome, locally produced food for inclusion in 31 school meals and snacks, encourage children to develop healthy 32 eating habits, and provide Iowa farmers access to consumer 33 markets. 34 Sec. 8. NEW SECTION . 190A.5 Farm-to-school fund. 35 -3- LSB 1366SZ (2) 89 da/ns 3/ 14

S.F. 578 1. A farm-to-school fund is created in the state treasury 1 under the management and control of the department. 2 2. The fund shall include moneys appropriated to the fund 3 by the general assembly. The fund may include other moneys 4 available to and obtained or accepted by the department, 5 including moneys from public or private sources. 6 3. Moneys in the fund are appropriated to support the 7 program in a manner determined by the department, including for 8 reasonable administrative costs incurred by the department. 9 Moneys expended from the fund shall not require further special 10 authorization by the general assembly. 11 4. a. Notwithstanding section 12C.7, interest or earnings 12 on moneys in the fund shall be credited to the fund. 13 b. Notwithstanding section 8.33, moneys credited to the 14 fund that remain unencumbered or unobligated at the end of a 15 fiscal year shall not revert but shall remain available for the 16 purposes designated. 17 Sec. 9. NEW SECTION . 190A.6 Farm-to-school program. 18 1. A farm-to-school program is created. The program shall 19 be controlled and administered by the department. 20 2. The purpose of the program is to assist schools and 21 school districts in purchasing food products derived from food 22 commodities produced on a farm. 23 3. The department shall reimburse a school or school 24 district for expenditures incurred by the school or school 25 district during the school year in which the school or school 26 district is participating in the program to purchase food 27 products derived from food commodities produced on a farm. 28 4. A school or school district must apply each year to the 29 department to participate in the program according to rules 30 adopted by the department pursuant to chapter 17A. 31 5. To be eligible to participate in the program, a school or 32 school district must purchase a food product directly from a 33 farm source as follows: 34 a. The farm source must be any of the following: 35 -4- LSB 1366SZ (2) 89 da/ns 4/ 14

S.F. 578 (1) A farm where a food commodity is produced, if the food 1 commodity is processed into a food product on the farm for sale 2 to a consumer. 3 (2) A business premises that is directly shipped a food 4 commodity from a farm, if the food commodity is processed into 5 a food product on the business premises for sale to a consumer. 6 (3) A business premises that is directly shipped a food 7 product from a farm, if the food product is purchased for 8 resale to a consumer or is distributed to a consumer on behalf 9 of a farmer. 10 b. The farm source must comply with all applicable laws 11 regulating the sale of food. 12 c. The farm source must be located within thirty miles of 13 the school or the school district’s border. 14 6. The department shall require proof of purchase prior to 15 reimbursing the school or school district for the purchase of 16 food products. 17 7. The department may administer the program in cooperation 18 with the department of education and the participating school 19 or school district in which a participating school is located. 20 8. a. The department shall reimburse a participating 21 school or school district that submits a claim as required 22 by the department. The department shall pay the claim on a 23 matching basis with the department contributing one dollar 24 for every three dollars expended by the school or school 25 district. However, a school or school district shall not 26 receive more than one thousand dollars during any year in which 27 it participates in the program. 28 b. Notwithstanding paragraph “a” , if the department 29 determines that there are sufficient moneys in the fund to 30 satisfy all claims that may be submitted by schools and school 31 districts, the department shall provide for the distribution 32 of the available moneys in a manner determined equitable by 33 the department, which may include a prorated distribution to 34 participating schools and school districts. 35 -5- LSB 1366SZ (2) 89 da/ns 5/ 14

S.F. 578 PART B 1 FERTILIZERS AND SOIL CONDITIONERS 2 Sec. 10. Section 200.3, subsection 24, Code 2021, is amended 3 by striking the subsection. 4 Sec. 11. Section 200.14, Code 2021, is amended to read as 5 follows: 6 200.14 Rules. 7 1. a. The secretary is authorized, after public hearing, 8 following due notice, to department may adopt rules setting 9 forth pursuant to chapter 17A providing minimum general 10 safety standards for the design, construction, location, 11 installation , and operation of equipment for storage, handling, 12 transportation by tank truck or tank trailer, and utilization 13 of anhydrous ammonia fertilizers and soil conditioners . 14 a. b. The rules shall be such as are reasonably necessary 15 for the protection and safety of the public and persons using 16 anhydrous ammonia fertilizers or soil conditioners , and shall 17 be in substantial conformity with the generally accepted 18 standards of safety. 19 b. Rules that are in substantial conformity with the 20 published standards of the agricultural ammonia institute for 21 the design, installation and construction of containers and 22 pertinent equipment for the storage and handling of anhydrous 23 ammonia, shall be deemed to be in substantial conformity with 24 the generally accepted standards of safety. 25 2. c. Anhydrous ammonia Fertilizer and soil conditioner 26 equipment shall be installed and maintained in a safe operating 27 condition and in conformity with rules adopted by the secretary 28 department . 29 3. 2. The secretary shall enforce this chapter and, after 30 due publicity and due public hearing, department may adopt such 31 reasonable rules as may be necessary in order to carry into 32 effect the purpose , and intent and to secure the efficient 33 administration , of this chapter . 34 4. 3. This chapter does not prohibit the use of storage 35 -6- LSB 1366SZ (2) 89 da/ns 6/ 14

S.F. 578 tanks smaller than transporting tanks nor the transfer of all 1 kinds of fertilizer including anhydrous ammonia fertilizers 2 or soil conditioners directly from transporting tanks to 3 implements of husbandry, if proper safety precautions are 4 observed. 5 DIVISION IV 6 WEIGHTS AND MEASURES 7 PART A 8 GENERAL 9 Sec. 12. Section 214.1, Code 2021, is amended by adding the 10 following new subsection: 11 NEW SUBSECTION . 6. “Weighmaster” means a person who keeps 12 and regularly uses a commercial weighing and measuring device 13 to accurately weigh objects for others as part of the person’s 14 business operated on a profit, cooperative, or nonprofit basis. 15 Sec. 13. Section 214.3, subsection 1, Code 2021, is amended 16 to read as follows: 17 1. The A license issued by the department for the inspection 18 of a commercial weighing and measuring device shall expire on 19 December 31 of each year, and for a motor fuel pump on June 30 20 of each year. The amount of the fee due for each license shall 21 be as provided in subsection 3 , except that the fee for a motor 22 fuel pump shall be four dollars and fifty cents if paid within 23 one month from the date the license is due. 24 Sec. 14. Section 214.3, subsection 3, paragraph e, 25 subparagraph (2), Code 2021, is amended to read as follows: 26 (2) Retail motor fuel pump, nine four dollars and fifty 27 cents . 28 Sec. 15. Section 214.4, subsection 1, unnumbered paragraph 29 1, Code 2021, is amended to read as follows: 30 If the department does not receive payment of the license 31 fee required pursuant to section 214.3 within one month from 32 the due date, the department shall send deliver a notice to 33 the owner or operator of the device. The notice shall be 34 delivered by certified mail. The notice shall state all of the 35 -7- LSB 1366SZ (2) 89 da/ns 7/ 14

S.F. 578 following: 1 Sec. 16. Section 214.6, Code 2021, is amended to read as 2 follows: 3 214.6 Oath Duties of weighmasters weighmaster . 4 All persons keeping a commercial weighing and measuring 5 device, before entering upon their duties as weighmasters, A 6 weighmaster shall be sworn before some person having authority 7 to administer oaths, to keep their ensure that a commercial 8 weighing and measuring device is correctly balanced , to make 9 true weights, and to shall render a correct account to the 10 person having weighing done. 11 Sec. 17. Section 214.11, Code 2021, is amended to read as 12 follows: 13 214.11 Inspections —— recalibrations —— penalty. 14 1. The department shall provide for annual inspections 15 of all motor fuel pumps, including but not limited to motor 16 fuel blender pumps, licensed under this chapter . Inspections 17 shall be for the purpose of determining the accuracy of the 18 pumps’ measuring mechanisms, and for such and correctness of 19 motor fuel pumps. For that purpose the department’s inspectors 20 may enter upon the premises of any wholesale dealer or retail 21 dealer , as they are defined in section 214A.1 , of motor fuel 22 or fuel oil within this state . 23 2. Upon completion of an inspection, the inspector shall 24 affix the department’s seal to the measuring mechanism of the 25 motor fuel pump. The seal shall be appropriately marked, 26 dated, and recorded by the inspector. If the owner of an 27 inspected and sealed motor fuel pump is registered with the 28 department as a servicer in accordance with section 215.23 , 29 or employs a person so registered as a servicer, the owner 30 or other servicer may open the motor fuel pump, break the 31 department’s seal, recalibrate the measuring mechanism if 32 necessary, and reseal the motor fuel pump as long as the 33 department is notified of the recalibration within forty-eight 34 hours, on a form in a manner provided by the department. 35 -8- LSB 1366SZ (2) 89 da/ns 8/ 14

S.F. 578 2. 3. A person violating a provision of this section is, 1 upon conviction, guilty of a simple misdemeanor. 2 PART B 3 MOTOR FUEL 4 Sec. 18. Section 214A.2A, subsection 1, Code 2021, is 5 amended to read as follows: 6 1. Fuel which is sold or is kept, offered, or exposed for 7 sale as kerosene shall be labeled as kerosene. The label 8 shall include the word “kerosene” and a or the designation as 9 either “K1” or “K2” “K1 kerosene” , and shall indicate that 10 the kerosene is in compliance with the standard specification 11 adopted by A.S.T.M. international specification D3699 (1982). 12 Sec. 19. REPEAL. Section 214A.15, Code 2021, is repealed. 13 PART C 14 INSPECTIONS 15 Sec. 20. Section 215.4, Code 2021, is amended to read as 16 follows: 17 215.4 Tag for inaccurate or incorrect device —— reinspection 18 —— license fee. 19 A commercial weighing and measuring device found to be 20 inaccurate or incorrect upon inspection by the department 21 shall be rejected or tagged “condemned until repaired” and 22 the “licensed for commercial use” inspection sticker shall be 23 removed. If notice is received by the department that the 24 device has been repaired and upon reinspection the device is 25 found to be accurate or correct, the a license fee shall not 26 may be charged for the reinspection. However, a second license 27 fee shall be charged if upon reinspection the device is found 28 to be inaccurate. The device shall be tagged “condemned” and 29 removed from service if a third reinspection fails. 30 Sec. 21. Section 215.7, Code 2021, is amended to read as 31 follows: 32 215.7 Transactions by false weights or measures. 33 1. A person shall be deemed to have violated the provisions 34 of this chapter and shall be punished as provided in chapter 35 -9- LSB 1366SZ (2) 89 da/ns 9/ 14

S.F. 578 189 , if the person does any of the following apply : 1 1. a. The person sells Sells , trades, delivers, charges 2 for, or claims to have delivered to a purchaser an amount 3 of any commodity which is less in weight or measure than 4 that which is asked for, agreed upon, claimed to have been 5 delivered, or noted on the delivery ticket. 6 2. b. The person makes Makes a settlement for or enters 7 a credit, based upon any false weight or measurement, for any 8 commodity purchased. 9 3. c. The person makes Makes a settlement for or enters 10 a credit, based upon any false weight or measurement, for any 11 labor where the price of producing or mining is determined by 12 weight or measure. 13 4. d. The person records Records a false weight or 14 measurement upon the weight ticket or book. 15 2. The department may adopt rules pursuant to chapter 17A 16 that allow for reasonable variations and exceptions for small 17 packages. 18 3. A person who violates this section is guilty of a simple 19 misdemeanor. 20 Sec. 22. Section 215.23, Code 2021, is amended to read as 21 follows: 22 215.23 Servicer’s license. 23 1. A servicer shall not install, service, or repair a 24 commercial weighing and measuring device until the servicer 25 has demonstrated that the servicer has available adequate 26 testing equipment, and that the servicer possesses a working 27 knowledge of all devices the servicer intends to install or 28 repair and of all appropriate weights, measures, statutes, and 29 rules, as evidenced by passing a qualifying examination to 30 be conducted by the department and obtaining a license. The 31 secretary of agriculture shall establish by rule pursuant to 32 chapter 17A , requirements for and contents of the examination. 33 The department may adopt rules pursuant to chapter 17A setting 34 forth qualification requirements for persons applying for a 35 -10- LSB 1366SZ (2) 89 da/ns 10/ 14

S.F. 578 servicer’s license, including an examination. 1 2. In determining these a servicer’s qualifications, the 2 secretary shall department may consider the specifications 3 of the United States national institute of standards and 4 technology, handbook 44, “Specifications, Tolerances, and 5 Technical Requirements for Weighing and Measuring Devices”, 6 or the current successor or equivalent specifications adopted 7 by the United States national institute of standards and 8 technology. 9 3. The secretary shall department may require an annual the 10 payment of a license fee of not more than five dollars for an 11 amount established by rule for each license issued under this 12 section . 13 4. Each A license shall expire one year two years from its 14 date of issuance. 15 Sec. 23. REPEAL. Sections 215.3 and 215.8, Code 2021, are 16 repealed. 17 EXPLANATION 18 The inclusion of this explanation does not constitute agreement with 19 the explanation’s substance by the members of the general assembly. 20 GENERAL. This bill amends, enacts, or repeals a number 21 of provisions administered or regulated by the department of 22 agriculture and land stewardship (DALS) as codified in Title V 23 of the Code, including in subtitle 1, which includes a number 24 of general provisions, subtitle 2, which includes provisions 25 regulating animal industry, and subtitle 4, which provides for 26 agricultural commodities and products in addition to related 27 activities. 28 SUBTITLE 1 —— ADMINISTRATION. The bill eliminates a 29 requirement that DALS maintain a marketing news service 30 bureau, but retains a requirement that it cooperate with the 31 agricultural marketing service of the United States department 32 of agriculture (Code section 159.5). 33 SUBTITLE 2 —— COMMERCIAL ESTABLISHMENTS. The bill 34 eliminates a requirement that an application form for the 35 -11- LSB 1366SZ (2) 89 da/ns 11/ 14

S.F. 578 issuance or renewal of an authorization to operate a commercial 1 establishment include the applicant’s identification number, 2 which may be a tax identification number. 3 ANIMAL DISEASE CONTROL. The bill amends provisions 4 establishing the foreign animal disease preparedness and 5 response strategy (Code section 163.3C). The bill authorizes 6 DALS to collect, maintain, and use information related to the 7 registration and identification of any premises where animals 8 are kept. The information is a confidential record under 9 Iowa’s open records law (Code section 22.7). 10 SUBTITLE 4 —— FARM-TO-SCHOOL PROGRAM. The bill amends 11 provisions creating a farm-to-school program administered by 12 DALS under Code chapter 190A. The program assists schools 13 and school districts in purchasing food products derived from 14 food commodities produced on a farm and either processed on 15 the farm or processed at a business premises (referred to 16 as a farm source) located within 30 miles of the school or 17 school district’s borders. A food product is a perishable or 18 nonperishable product derived from processing a food commodity 19 including pasteurized milk or dairy products, washed shelled 20 eggs, cut and washed produce, honey, maple syrup, unshelled 21 or shelled nuts, cuts of meat or poultry, or cuts of fish or 22 shelled aquatic items. DALS may reimburse a school or school 23 district for expenditures for such products to the extent 24 moneys are available to support the program. The available 25 moneys would be allocated during the school year on a matching 26 basis, subject to a $1,000 cap. The bill also creates a 27 farm-to-school fund to support the program. 28 FERTILIZERS AND SOIL CONDITIONERS. The bill authorizes DALS 29 to adopt rules regulating the design, construction, location, 30 installation, and operation of equipment associated with 31 the use of fertilizers and soil conditioners (Code sections 32 200.3 and 200.14). Current law allows DALS to adopt such 33 rules regulating anhydrous ammonia equipment. The bill also 34 eliminates a requirement that such rules be in conformity with 35 -12- LSB 1366SZ (2) 89 da/ns 12/ 14

S.F. 578 the published standards of the agricultural ammonia institute. 1 A person violating such rules is guilty of a simple misdemeanor 2 (Code section 200.18). 3 WEIGHTS AND MEASURES (GENERAL). The bill amends a number 4 of provisions regulating weights and measures, including the 5 inspection of associated devices. The bill reduces the fee 6 for the inspection of motor fuel pumps from $9 to $4.50 (the 7 same amount due under current law if the inspection fee is paid 8 early) (Code section 214.3). The bill no longer requires that 9 DALS deliver a late payment notice to an owner or operator of 10 a device by certified mail (Code section 214.4). The bill 11 eliminates a requirement that a weighmaster (a person who keeps 12 and uses a device as part of a business) must take an oath (Code 13 sections 214.1 and 214.6). 14 WEIGHTS AND MEASURES (MOTOR FUEL). The bill revises 15 requirements for the labeling of kerosene (Code section 16 214A.2A). The bill also repeals a provision prohibiting a 17 person from placing gasoline into a receptacle, unless the 18 receptacle states a warning (Code section 214A.15). 19 WEIGHTS AND MEASURES (INSPECTIONS). The bill provides that 20 DALS may but is no longer required to charge a license fee for 21 a device that has been taken out of service due to a repair 22 and reinspected (Code section 215.4). The bill allows DALS 23 to make an exception in a case where a commercial transaction 24 involves a small package, and the person would otherwise be 25 guilty of a simple misdemeanor because the person stated 26 a false weight or measure (Code section 215.7). The bill 27 provides for the regulation of a servicer (a person employed 28 to install, service, or repair a device), by eliminating 29 an examination requirement and allowing DALS to require 30 qualification standards which may include an examination 31 (Code sections 215.1 and 215.23). The bill provides for a 32 two-year rather than annual servicer license and allows DALS to 33 establish the license fee. The annual license fee is currently 34 $5. The bill eliminates a provision that allows DALS to charge 35 -13- LSB 1366SZ (2) 89 da/ns 13/ 14

S.F. 578 a complaining party an inspection fee, if the complaint was 1 unfounded (Code section 215.3). The bill repeals a provision 2 that authorizes DALS to establish reasonable variances in the 3 weighing and measuring of small packages (Code section 215.8). 4 That qualification is incorporated in the amendments to the 5 provision regulating small package transactions (Code section 6 215.7). 7 CRIMINAL PENALTIES. A simple misdemeanor is punishable by 8 confinement for no more than 30 days or a fine of at least $105 9 but not more than $855 or by both. 10 -14- LSB 1366SZ (2) 89 da/ns 14/ 14