House File 2620 - Introduced HOUSE FILE 2620 BY BAGNIEWSKI A BILL FOR An Act regulating commercial transactions involving commercial 1 sod containing entwined plastic netting, and providing 2 penalties. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 4 TLSB 5456YH (5) 90 da/ns
H.F. 2620 Section 1. NEW SECTION . 199A.1 Definitions. 1 As used in this chapter, unless the context otherwise 2 requires: 3 1. “Commercial sod” or “sod” means any variety of grass 4 planted on a layer of soil and cut into pallets or rolls for 5 transport and permanent installation on land. 6 2. “Department” means the department of agriculture and land 7 stewardship. 8 3. “Entwined commercial sod” means commercial sod that is 9 entwined with plastic netting in a manner that increases its 10 stability. 11 Sec. 2. NEW SECTION . 199A.2 Sales notice —— offense. 12 A person engaged in the business of selling commercial sod 13 on a wholesale or retail basis shall not sell or offer for sale 14 entwined commercial sod, unless the person notifies a person 15 purchasing the sod that the sod is entwined commercial sod. 16 Sec. 3. NEW SECTION . 199A.3 Installation notice —— offense. 17 A person engaged in the business of installing commercial 18 sod on real property owned by another person shall not install 19 entwined commercial sod on the real property, unless the person 20 notifies a person owning the land that the commercial sod is 21 entwined commercial sod. 22 Sec. 4. NEW SECTION . 199A.4 Notice requirements. 23 The department shall adopt rules providing requirements for 24 the type of notice required under this chapter. The notice may 25 be in the form of a label, conspicuously placed placard, or 26 written statement that meets requirements established by the 27 department. 28 Sec. 5. NEW SECTION . 199A.5 Rules. 29 The department shall adopt rules necessary or desirable to 30 administer this chapter. 31 Sec. 6. NEW SECTION . 199A.6 Penalty. 32 A person committing a violation of this chapter is guilty 33 of a simple misdemeanor punishable by a fine of five hundred 34 dollars. 35 -1- LSB 5456YH (5) 90 da/ns 1/ 2
H.F. 2620 EXPLANATION 1 The inclusion of this explanation does not constitute agreement with 2 the explanation’s substance by the members of the general assembly. 3 This bill regulates certain commercial sod (sod) planted on 4 a layer of soil and cut into pallets or rolls for transport 5 and permanent installation on land. The bill’s provisions 6 are administered by the department of agriculture and land 7 stewardship (DALS). It addresses two situations: first, 8 the purchase of sod for later installation; and second, 9 the purchase of the sod’s installation. In each of the two 10 situations, notice has to be provided to a purchaser if the 11 sod is entwined with plastic netting. In the first situation, 12 notice must be given to the purchaser of the sod by a person 13 selling the sod; and in the second situation, notice must be 14 given to the purchaser of the sod’s installation by the person 15 installing the sod. DALS is responsible for adopting rules 16 providing for notice requirements. A person who violates a 17 notice requirement is guilty of a simple misdemeanor punishable 18 by a fine of $500. 19 -2- LSB 5456YH (5) 90 da/ns 2/ 2