Senate Study Bill 1121 - Introduced SENATE/HOUSE FILE _____ BY (PROPOSED DEPARTMENT OF AGRICULTURE AND LAND STEWARDSHIP BILL) 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 1366XD (11) 89 da/ns
S.F. _____ H.F. _____ 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 Sec. 3. Section 162.2A, Code 2021, is amended by adding the 18 following new subsection: 19 NEW SUBSECTION . 4A. A commercial establishment shall not 20 be issued or renewed a state license by the department, unless 21 a person applying for the state license presents the department 22 with a valid, government-issued photo identification, or other 23 form of similar identification approved by the department, as 24 proof of identity that the person may legally act on behalf 25 of the commercial establishment in making the application. 26 The application must be signed by the person under penalty of 27 perjury subject to the penalty provisions of section 162.13, 28 subsection 1. Upon completion of the initial inspection, 29 the issued or renewed state license shall include a unique 30 identification number that is a public record under chapter 22. 31 PART B 32 VETERINARY PRACTICE 33 Sec. 4. Section 169.20, subsection 2, Code 2021, is amended 34 to read as follows: 35 -1- LSB 1366XD (11) 89 da/ns 1/ 13
S.F. _____ H.F. _____ 2. The board shall issue certificates to veterinary 1 assistants who have met the educational, experience , and 2 testing requirements as the board shall specify by rule. The 3 A certificate is not a license and does not expire . The A new 4 certificate shall be issued for a three-year period, subject 5 to renewal at the end of each triennium. The board may adopt 6 rules providing for the issuance and renewal of a certificate 7 including the issuance of a new certificate for the balance of 8 a triennium. A certificate may be suspended or revoked, or any 9 other disciplinary action may be taken as specified in section 10 272C.3, subsection 2 . All disciplinary actions shall be taken 11 pursuant to in the same manner as provided in section 169.14 . 12 DIVISION III 13 COMMODITY PRODUCTION AND SALE 14 PART A 15 LOCAL FARM PRODUCE PROGRAM 16 Sec. 5. NEW SECTION . 190A.11 Definitions. 17 As used in this subchapter, unless the context otherwise 18 requires: 19 1. “Department” means the department of agriculture and land 20 stewardship. 21 2. “Farm source” means a farmer who produces and sells fresh 22 farm produce grown on the farmer’s land or a distributor of 23 fresh farm produce who purchases fresh farm produce directly 24 from such farmer or sells fresh farm produce on behalf of such 25 farmer. 26 3. “Fresh farm produce” means vegetables, fruits, or nuts 27 intended for inclusion as part of a school diet, including 28 school meals and snacks as described in section 190A.3, if the 29 vegetables, fruits, or nuts are not processed except for being 30 trimmed, cleaned, dried, sorted, or packaged. 31 4. “Fund” means the local farm produce fund created in 32 section 190A.12. 33 5. “Program” means the local farm produce program created 34 in section 190A.13. 35 -2- LSB 1366XD (11) 89 da/ns 2/ 13
S.F. _____ H.F. _____ 6. “School” means a public school or nonpublic school, as 1 those terms are defined in section 280.2, or that portion of a 2 public school or nonpublic school that provides facilities for 3 teaching any grade from kindergarten through grade twelve. 4 7. “School district” means a school district as described 5 in chapter 274. 6 Sec. 6. NEW SECTION . 190A.12 Local farm produce fund. 7 1. A local farm produce fund is created in the state 8 treasury under the management and control of the department. 9 2. The fund shall include moneys appropriated to the fund 10 by the general assembly. The fund may include other moneys 11 available to and obtained or accepted by the department, 12 including moneys from public or private sources. 13 3. Moneys in the fund are appropriated to support the 14 program in a manner determined by the department, including for 15 reasonable administrative costs incurred by the department. 16 Moneys expended from the fund shall not require further special 17 authorization by the general assembly. 18 4. a. Notwithstanding section 12C.7, interest or earnings 19 on moneys in the fund shall be credited to the fund. 20 b. Notwithstanding section 8.33, moneys credited to the 21 fund that remain unencumbered or unobligated at the end of a 22 fiscal year shall not revert but shall remain available for the 23 purposes designated. 24 Sec. 7. NEW SECTION . 190A.13 Local farm produce program. 25 1. A local farm produce program is created. The program 26 shall be controlled and administered by the department. 27 2. The purpose of the program is to assist schools and 28 school districts in purchasing fresh farm produce. 29 3. The department shall reimburse a school or school 30 district for expenditures incurred by the school or school 31 district during the school year in which the school or school 32 district is participating in the program for purchases of fresh 33 farm produce. 34 4. A school or school district must apply each year to the 35 -3- LSB 1366XD (11) 89 da/ns 3/ 13
S.F. _____ H.F. _____ department to participate in the program according to rules 1 adopted by the department pursuant to chapter 17A. 2 5. To be eligible to participate in the program, a school or 3 school district must purchase the fresh farm produce directly 4 from a farm source as follows: 5 a. Except as provided in paragraph “b” , the farm source must 6 be located in this state. 7 b. If the school district shares a border with another 8 state, or the school is part of a school district that shares 9 a border with another state, the farm source may be located 10 in the other state. However, the farm source must be located 11 within thirty miles from the school district’s border with that 12 state and the department must approve the purchase. 13 6. The department shall require proof of purchase prior to 14 reimbursing the school or school district for the purchase of 15 fresh farm produce. 16 7. The department may administer the program in cooperation 17 with the department of education and the participating school 18 or school district in which a participating school is located. 19 8. a. The department shall reimburse a participating 20 school or school district that submits a claim as required 21 by the department. The department shall pay the claim on a 22 matching basis with the department contributing one dollar 23 for every three dollars expended by the school or school 24 district. However, a school or school district shall not 25 receive more than one thousand dollars during any year in which 26 it participates in the program. 27 b. Notwithstanding paragraph “a” , if the department 28 determines that there are sufficient moneys in the fund to 29 satisfy all claims that may be submitted by schools and school 30 districts, the department shall provide for the distribution 31 of the available moneys in a manner determined equitable by 32 the department, which may include a prorated distribution to 33 participating schools and school districts. 34 PART B 35 -4- LSB 1366XD (11) 89 da/ns 4/ 13
S.F. _____ H.F. _____ FERTILIZERS AND SOIL CONDITIONERS 1 Sec. 8. Section 200.3, subsection 24, Code 2021, is amended 2 by striking the subsection. 3 Sec. 9. Section 200.14, Code 2021, is amended to read as 4 follows: 5 200.14 Rules. 6 1. a. The secretary is authorized, after public hearing, 7 following due notice, to department may adopt rules setting 8 forth pursuant to chapter 17A providing minimum general 9 safety standards for the design, construction, location, 10 installation , and operation of equipment for storage, handling, 11 transportation by tank truck or tank trailer, and utilization 12 of anhydrous ammonia fertilizers and soil conditioners . 13 a. b. The rules shall be such as are reasonably necessary 14 for the protection and safety of the public and persons using 15 anhydrous ammonia fertilizers or soil conditioners , and shall 16 be in substantial conformity with the generally accepted 17 standards of safety. 18 b. Rules that are in substantial conformity with the 19 published standards of the agricultural ammonia institute for 20 the design, installation and construction of containers and 21 pertinent equipment for the storage and handling of anhydrous 22 ammonia, shall be deemed to be in substantial conformity with 23 the generally accepted standards of safety. 24 2. c. Anhydrous ammonia Fertilizer and soil conditioner 25 equipment shall be installed and maintained in a safe operating 26 condition and in conformity with rules adopted by the secretary 27 department . 28 3. 2. The secretary shall enforce this chapter and, after 29 due publicity and due public hearing, department may adopt such 30 reasonable rules as may be necessary in order to carry into 31 effect the purpose , and intent and to secure the efficient 32 administration , of this chapter . 33 4. 3. This chapter does not prohibit the use of storage 34 tanks smaller than transporting tanks nor the transfer of all 35 -5- LSB 1366XD (11) 89 da/ns 5/ 13
S.F. _____ H.F. _____ kinds of fertilizer including anhydrous ammonia fertilizers 1 or soil conditioners directly from transporting tanks to 2 implements of husbandry, if proper safety precautions are 3 observed. 4 DIVISION IV 5 WEIGHTS AND MEASURES 6 PART A 7 GENERAL 8 Sec. 10. Section 214.1, Code 2021, is amended by adding the 9 following new subsection: 10 NEW SUBSECTION . 6. “Weighmaster” means a person who keeps 11 and regularly uses a commercial weighing and measuring device 12 to accurately weigh objects for others as part of the person’s 13 business operated on a profit, cooperative, or nonprofit basis. 14 Sec. 11. Section 214.3, subsection 1, Code 2021, is amended 15 to read as follows: 16 1. The A license issued by the department for the inspection 17 of a commercial weighing and measuring device shall expire on 18 December 31 of each year, and for a motor fuel pump on June 30 19 of each year. The amount of the fee due for each license shall 20 be as provided in subsection 3 , except that the fee for a motor 21 fuel pump shall be four dollars and fifty cents if paid within 22 one month from the date the license is due. 23 Sec. 12. Section 214.3, subsection 3, paragraph e, 24 subparagraph (2), Code 2021, is amended to read as follows: 25 (2) Retail motor fuel pump, nine four dollars and fifty 26 cents . 27 Sec. 13. Section 214.4, subsection 1, unnumbered paragraph 28 1, Code 2021, is amended to read as follows: 29 If the department does not receive payment of the license 30 fee required pursuant to section 214.3 within one month from 31 the due date, the department shall send deliver a notice to 32 the owner or operator of the device. The notice shall be 33 delivered by certified mail. The notice shall state all of the 34 following: 35 -6- LSB 1366XD (11) 89 da/ns 6/ 13
S.F. _____ H.F. _____ Sec. 14. Section 214.6, Code 2021, is amended to read as 1 follows: 2 214.6 Oath Duties of weighmasters weighmaster . 3 All persons keeping a commercial weighing and measuring 4 device, before entering upon their duties as weighmasters, A 5 weighmaster shall be sworn before some person having authority 6 to administer oaths, to keep their ensure that a commercial 7 weighing and measuring device is correctly balanced , to make 8 true weights, and to shall render a correct account to the 9 person having weighing done. 10 Sec. 15. Section 214.11, Code 2021, is amended to read as 11 follows: 12 214.11 Inspections —— recalibrations —— penalty. 13 1. The department shall provide for annual inspections 14 of all motor fuel pumps, including but not limited to motor 15 fuel blender pumps, licensed under this chapter . Inspections 16 shall be for the purpose of determining the accuracy of the 17 pumps’ measuring mechanisms, and for such and correctness of 18 motor fuel pumps. For that purpose the department’s inspectors 19 may enter upon the premises of any wholesale dealer or retail 20 dealer , as they are defined in section 214A.1 , of motor fuel 21 or fuel oil within this state . 22 2. Upon completion of an inspection, the inspector shall 23 affix the department’s seal to the measuring mechanism of the 24 motor fuel pump. The seal shall be appropriately marked, 25 dated, and recorded by the inspector. If the owner of an 26 inspected and sealed motor fuel pump is registered with the 27 department as a servicer in accordance with section 215.23 , 28 or employs a person so registered as a servicer, the owner 29 or other servicer may open the motor fuel pump, break the 30 department’s seal, recalibrate the measuring mechanism if 31 necessary, and reseal the motor fuel pump as long as the 32 department is notified of the recalibration within forty-eight 33 hours, on a form in a manner provided by the department. 34 2. 3. A person violating a provision of this section is, 35 -7- LSB 1366XD (11) 89 da/ns 7/ 13
S.F. _____ H.F. _____ upon conviction, guilty of a simple misdemeanor. 1 PART B 2 MOTOR FUEL 3 Sec. 16. Section 214A.2A, subsection 1, Code 2021, is 4 amended to read as follows: 5 1. Fuel which is sold or is kept, offered, or exposed for 6 sale as kerosene shall be labeled as kerosene. The label 7 shall include the word “kerosene” and a or the designation as 8 either “K1” or “K2” “K1 kerosene” , and shall indicate that 9 the kerosene is in compliance with the standard specification 10 adopted by A.S.T.M. international specification D3699 (1982). 11 Sec. 17. REPEAL. Section 214A.15, Code 2021, is repealed. 12 PART C 13 INSPECTIONS 14 Sec. 18. Section 215.4, Code 2021, is amended to read as 15 follows: 16 215.4 Tag for inaccurate or incorrect device —— reinspection 17 —— license fee. 18 A commercial weighing and measuring device found to be 19 inaccurate or incorrect upon inspection by the department 20 shall be rejected or tagged “condemned until repaired” and 21 the “licensed for commercial use” inspection sticker shall be 22 removed. If notice is received by the department that the 23 device has been repaired and upon reinspection the device is 24 found to be accurate or correct, the a license fee shall not 25 may be charged for the reinspection. However, a second license 26 fee shall be charged if upon reinspection the device is found 27 to be inaccurate. The device shall be tagged “condemned” and 28 removed from service if a third reinspection fails. 29 Sec. 19. Section 215.7, Code 2021, is amended to read as 30 follows: 31 215.7 Transactions by false weights or measures. 32 1. A person shall be deemed to have violated the provisions 33 of this chapter and shall be punished as provided in chapter 34 189 , if the person does any of the following apply : 35 -8- LSB 1366XD (11) 89 da/ns 8/ 13
S.F. _____ H.F. _____ 1. a. The person sells Sells , trades, delivers, charges 1 for, or claims to have delivered to a purchaser an amount 2 of any commodity which is less in weight or measure than 3 that which is asked for, agreed upon, claimed to have been 4 delivered, or noted on the delivery ticket. 5 2. b. The person makes Makes a settlement for or enters 6 a credit, based upon any false weight or measurement, for any 7 commodity purchased. 8 3. c. The person makes Makes a settlement for or enters 9 a credit, based upon any false weight or measurement, for any 10 labor where the price of producing or mining is determined by 11 weight or measure. 12 4. d. The person records Records a false weight or 13 measurement upon the weight ticket or book. 14 2. The department may adopt rules pursuant to chapter 17A 15 that allow for reasonable variations and exceptions for small 16 packages. 17 3. A person who violates this section is guilty of a simple 18 misdemeanor. 19 Sec. 20. Section 215.23, Code 2021, is amended to read as 20 follows: 21 215.23 Servicer’s license. 22 1. A servicer shall not install, service, or repair a 23 commercial weighing and measuring device until the servicer 24 has demonstrated that the servicer has available adequate 25 testing equipment, and that the servicer possesses a working 26 knowledge of all devices the servicer intends to install or 27 repair and of all appropriate weights, measures, statutes, and 28 rules, as evidenced by passing a qualifying examination to 29 be conducted by the department and obtaining a license. The 30 secretary of agriculture shall establish by rule pursuant to 31 chapter 17A , requirements for and contents of the examination. 32 The department may adopt rules pursuant to chapter 17A setting 33 forth qualification requirements for persons applying for a 34 servicer’s license, including an examination. 35 -9- LSB 1366XD (11) 89 da/ns 9/ 13
S.F. _____ H.F. _____ 2. In determining these a servicer’s qualifications, the 1 secretary shall department may consider the specifications 2 of the United States national institute of standards and 3 technology, handbook 44, “Specifications, Tolerances, and 4 Technical Requirements for Weighing and Measuring Devices”, 5 or the current successor or equivalent specifications adopted 6 by the United States national institute of standards and 7 technology. 8 3. The secretary shall department may require an annual the 9 payment of a license fee of not more than five dollars for an 10 amount established by rule for each license issued under this 11 section . 12 4. Each A license shall expire one year two years from its 13 date of issuance. 14 Sec. 21. REPEAL. Sections 215.3 and 215.8, Code 2021, are 15 repealed. 16 EXPLANATION 17 The inclusion of this explanation does not constitute agreement with 18 the explanation’s substance by the members of the general assembly. 19 GENERAL. This bill amends, enacts, or repeals a number 20 of provisions administered or regulated by the department of 21 agriculture and land stewardship (DALS) as codified in Title V 22 of the Code, including in subtitle 1, which includes a number 23 of general provisions, subtitle 2, which includes provisions 24 regulating animal industry, and subtitle 4, which provides for 25 agricultural commodities and products in addition to related 26 activities. 27 SUBTITLE 1 —— ADMINISTRATION. The bill eliminates a 28 requirement that DALS maintain a marketing news service 29 bureau, but retains a requirement that it cooperate with the 30 agricultural marketing service of the United States department 31 of agriculture (Code section 159.5). 32 SUBTITLE 2 —— COMMERCIAL ESTABLISHMENTS. The bill 33 eliminates a requirement that an application form for the 34 issuance or renewal of an authorization to operate a commercial 35 -10- LSB 1366XD (11) 89 da/ns 10/ 13
S.F. _____ H.F. _____ establishment include the applicant’s identification number, 1 which may be a tax identification number. It also requires a 2 person applying for a state license to present DALS with a form 3 of identification (Code section 162.2A). 4 VETERINARY PRACTICE. The bill provides for the 5 certification of veterinary assistants by the board of 6 veterinary medicine functioning within DALS. Currently, 7 a certificate does not expire. The bill provides that a 8 certificate expires each three-year period (a triennium) and 9 is subject to renewal (Code section 169.20). A veterinary 10 assistant required to be certified is a person employed by a 11 licensed veterinarian to perform certain duties while acting 12 under the veterinarian’s direct supervision (Code section 13 169.3(12) and 811 IAC ch. 8). 14 SUBTITLE 4 —— LOCAL FARM PRODUCE PROGRAM. The bill creates 15 a local farm produce program to assist schools and school 16 districts purchasing fresh farm produce directly from farmers 17 or distributors of fresh farm produce (Code chapter 190A). 18 DALS may reimburse a school or school district for expenditures 19 on such products to the extent moneys are available to support 20 the program. The available moneys would be allocated during 21 the school year on a matching basis, subject to a $1,000 cap. 22 The bill also creates a local farm produce fund to support the 23 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 1366XD (11) 89 da/ns 11/ 13
S.F. _____ H.F. _____ 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 1366XD (11) 89 da/ns 12/ 13
S.F. _____ H.F. _____ 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 1366XD (11) 89 da/ns 13/ 13