House File 799 - Introduced HOUSE FILE 799 BY COMMITTEE ON AGRICULTURE (SUCCESSOR TO HSB 143) A BILL FOR An Act providing for programs and regulations related to 1 agriculture, including crop production, animal health, 2 agricultural processing, and agricultural marketing, 3 providing for powers and duties of the department of 4 agriculture and land stewardship, providing fees, and 5 providing penalties. 6 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 7 TLSB 1411HV (1) 91 da/ns

H.F. 799 DIVISION I 1 CROP PRODUCTION 2 PART A 3 APPLICATION OF NUTRIENTS 4 Section 1. Section 6A.21, subsection 1, paragraph b, Code 5 2025, is amended to read as follows: 6 b. (1) “Agricultural land” means real property owned by 7 a person in tracts of ten acres or more and not laid off into 8 lots of less than ten acres or divided by streets and alleys 9 into parcels of less than ten acres, and that has been used for 10 the production of agricultural commodities during three out 11 of the past five years. Such use of property includes , but 12 is not limited to , the raising, harvesting, handling, drying, 13 or storage of crops used for feed, food, seed, or fiber; the 14 care or feeding of livestock; the handling or transportation 15 of crops or livestock; the storage, treatment, or disposal of 16 livestock manure; and the application of fertilizers, soil 17 conditioners beneficial substances , pesticides, and herbicides 18 on crops. Agricultural land 19 (2) “Agricultural land” includes land on which is located 20 farm residences or outbuildings used for agricultural purposes 21 and land on which is located facilities, structures, or 22 equipment for agricultural purposes. Agricultural land 23 (3) “Agricultural land” includes land taken out of 24 agricultural production for purposes of environmental 25 protection or preservation. 26 Sec. 2. Section 190C.22, subsection 3, paragraph b, Code 27 2025, is amended to read as follows: 28 b. A sworn statement by the state chemist bureau chief 29 of the Iowa laboratory bureau or the state chemist’s bureau 30 chief’s deputy stating the results of an analysis of a sample 31 taken from a lot of agricultural products shall constitute 32 prima facie evidence of the correctness of the analysis of that 33 lot in a contested case proceeding or court proceeding. 34 Sec. 3. Section 200.3, Code 2025, is amended to read as 35 -1- LSB 1411HV (1) 91 da/ns 1/ 47

H.F. 799 follows: 1 200.3 Definitions of words and terms . 2 When As used in this chapter , unless the context otherwise 3 requires : 4 1. “Ammonium nitrate” means a compound that is chiefly 5 composed of ammonium salt of nitric acid which contains not 6 less than thirty-three percent nitrogen, one-half of which is 7 in the ammonium form and one-half in the nitrate form. 8 2. The term “anhydrous ammonia” “Anhydrous ammonia” means 9 the compound formed by the combination of two gaseous elements, 10 nitrogen and hydrogen, in the proportion of one part nitrogen 11 to three parts hydrogen by volume. 12 3. “Anhydrous ammonia plant” means a facility used for 13 the manufacture or distribution of the compound formed by the 14 combination of two gaseous elements, nitrogen and hydrogen, in 15 the proportion of one part nitrogen to three parts hydrogen by 16 volume. 17 4. “Beneficial substance” means any substance or compound, 18 other than primary, secondary, and microplant nutrients, that 19 can be demonstrated by scientific research to be beneficial to 20 one or more species of plants, soils, or media, including any 21 of the following: 22 a. A plant amendment. 23 b. A plant biostimulant. 24 c. A plant inoculant. 25 d. A soil-amending ingredient. 26 e. A soil-amending ingredient form. 27 f. A soil amendment. 28 g. A soil inoculant. 29 5. The term “brand” “Brand” means a term, design, or 30 trademark used in connection with one or several grades 31 of commercial fertilizer , product name, or other specific 32 designation under which a individual beneficial substance or 33 commercial fertilizer is offered for sale . 34 5. The term “bulk fertilizer” shall mean commercial 35 -2- LSB 1411HV (1) 91 da/ns 2/ 47

H.F. 799 fertilizer delivered to the purchaser in the solid, liquid, or 1 gaseous state, in a nonpackaged form to which a label cannot 2 be attached. 3 6. “Bulk” means in a nonpackaged form to which a label 4 cannot be attached. 5 7. The term “commercial fertilizer” “Commercial 6 fertilizer” includes fertilizer and fertilizer materials and 7 fertilizer-pesticide mixtures. 8 7. 8. “Department” means the department of agriculture and 9 land stewardship. 10 9. “Distribute” means to import, consign, manufacture, 11 produce, compound, mix, blend, or offer for sale, sell, barter, 12 or otherwise supply a commercial fertilizer or beneficial 13 substance in this state. 14 8. 10. The term “distributor” “Distributor” means 15 any person who imports, consigns, manufactures, produces, 16 compounds, mixes, or blends commercial fertilizer , or who 17 offers for sale, sells, barters, or otherwise distributes , a 18 commercial fertilizer or beneficial substance in this state. 19 9. 11. a. “Established date of operation” means the date on 20 which an anhydrous ammonia plant commenced operating. 21 b. If the physical facilities of the plant are subsequently 22 expanded, the established date of operation for each expansion 23 is deemed to be a separate and independent “established date of 24 operation” established as of the date of commencement of the 25 expanded operations. 26 c. The commencement of expanded operations does not divest 27 the plant of a previously established date of operation. 28 10. 12. “Established date of ownership” means the date 29 of the recording of an appropriate instrument of title 30 establishing the ownership of real estate. 31 11. 13. The term “fertilizer” “Fertilizer” means any 32 substance containing one or more recognized plant nutrient 33 which is nutrients used for its plant nutrient content 34 and which is designed for use and claimed to have value 35 -3- LSB 1411HV (1) 91 da/ns 3/ 47

H.F. 799 in promoting plant growth except unmanipulated animal and 1 vegetable manures or calcium and magnesium carbonate materials 2 used primarily for correcting soil acidity. 3 12. 14. The term “fertilizer material” “Fertilizer material” 4 means any substance used as a fertilizer or for compounding 5 a fertilizer containing one or more of the recognized plant 6 nutrients which are used for promoting plant growth or altering 7 plant composition. 8 13. 15. The term “grade” “Grade” means the percentages 9 of total nitrogen, available phosphorus or P 2 O 5 or both, and 10 soluble potassium or K 2 O or both stated in whole numbers in same 11 terms, order , and percentages as in the “guaranteed analysis” 12 guaranteed analysis . 13 14. Guaranteed analysis: 14 16. a. (1) The term “guaranteed analysis” shall mean 15 “Guaranteed analysis” means the minimum percentage of plant 16 nutrients claimed and reported as Total Nitrogen (N), Available 17 Phosphorus (P) or P 2 O 5 or both, Soluble Potassium (K) or K 2 O or 18 both and in the following form: 19 Total Nitrogen (N) ... percent 20 Available Phosphorus (P) or P 2 O 5 or both ... percent 21 Soluble Potassium (K) or K 2 O or both ... percent 22 (2) Registration and guarantee of water soluble phosphorus 23 (P) or (P 2 O 5 ) shall be permitted. 24 b. The term “guaranteed analysis” “Guaranteed analysis” , 25 in the form specified in paragraph “a” , includes all of the 26 following : 27 (1) (a) For unacidulated mineral phosphatic materials and 28 basic slag, both total and available phosphorus or P 2 O 5 or both 29 and the degree of fineness. 30 (b) For bone tankage and other organic phosphatic 31 materials, total phosphorus or P 2 O 5 or both. 32 (2) When any additional plant nutrient elements contained 33 in a beneficial substance as identified in subsection 10 34 of this section , are claimed in writing, they shall be 35 -4- LSB 1411HV (1) 91 da/ns 4/ 47

H.F. 799 identified in the guarantee, expressed as the element, and 1 shall be subject to inspection and analysis in accordance with 2 the methods and regulations that may be prescribed by the 3 association of official agricultural chemists. 4 17. “Label” means the display of all written, printed, 5 or graphic matter upon the immediate container or statement 6 accompanying a commercial fertilizer or beneficial substance. 7 18. “Labeling” means the advertising or promotion of any 8 commercial fertilizer or beneficial substance including but 9 not limited to any written, printed, graphic, or electronic 10 communication used in promoting the sale of a commercial 11 fertilizer or beneficial substance. 12 15. 19. “Licensee” means a person licensed under section 13 200.4 . 14 16. 20. “Nuisance” means public or private nuisance as 15 defined by statute or by the common law. 16 17. 21. “Nuisance action or proceeding” means an action, 17 claim or proceeding brought at law, in equity, or as an 18 administrative proceeding, which is based on nuisance. 19 18. 22. The term “official sample” “Official sample” means 20 any sample of commercial fertilizer taken by the secretary or 21 the secretary’s agent. 22 19. “Organic agricultural product” means the same as defined 23 in section 190C.1 . 24 20. 23. “Owner” means the person holding record title to 25 real estate, and includes both legal and equitable interest 26 under recorded real estate contracts. 27 21. 24. The term “percent or percentage” “Percent” or 28 “percentage” means the percentage by weight. 29 22. 25. The term “person” “Person” includes an individual, 30 or a type of partnership, limited liability company, 31 corporation, or association, firm, and corporation formed or 32 organized to do business in this state or authorized to do or 33 transact business in this state . 34 23. 26. The term “pesticide” as used in this chapter 35 -5- LSB 1411HV (1) 91 da/ns 5/ 47

H.F. 799 means “Pesticide” includes insecticides, miticides, nemacides, 1 fungicides, herbicides , and any other substance used in pest 2 control. 3 27. “Plant amendment” means any substance applied to 4 a plant seed which is intended to improve growth, yield, 5 product quality, reproduction, flavor, or other favorable 6 characteristics of a plant except a fertilizer, soil amendment, 7 agricultural liming material, animal manure, vegetable manure, 8 pesticide, plant regulator, or other material which may be 9 exempted by regulation. 10 28. “Plant biostimulant” means a substance, microorganism, 11 or mixture thereof, that, when applied to a seed, plant, the 12 rhizosphere, soil, or other growth media, acts to support 13 a plant’s natural nutrition processes independently of 14 the biostimulant’s nutrient content and improves nutrient 15 availability, uptake, or use efficiency, tolerance to abiotic 16 stress, and consequent growth, development, quality, or yield. 17 29. “Plant inoculant” means a product consisting of 18 microorganisms to be applied to the plant or soil for the 19 purpose of enhancing the availability or uptake of plant 20 nutrients through the root system. 21 24. 30. “Secretary” means the secretary of agriculture. 22 25. 31. The term “sell” “Sell” or “sale” includes exchange. 23 26. 32. A “soil conditioner” is “Soil amendment” means any 24 substance which when added to the soil or applied to plants 25 will produce a favorable growth, yield or quality of crop 26 or soil flora or fauna or other soil characteristics, other 27 than or a mixture of substances which is intended to improve 28 the physical, chemical, biochemical, biological, or other 29 characteristic of the soil, except a fertilizer, recognized 30 pesticide agricultural liming material , unmanipulated animal 31 and manure, unmanipulated vegetable manures or calcium and 32 magnesium carbonate materials used primarily for correcting 33 soil acidity manure, pesticide, or any other material exempted 34 by regulation . 35 -6- LSB 1411HV (1) 91 da/ns 6/ 47

H.F. 799 33. “Soil inoculant” means a microbial product that is 1 applied to colonize the soil to benefit the soil chemistry, 2 biology, or structure. 3 34. “Soil-amending ingredient” means any substance which 4 when applied to soil will improve the physical, chemical, 5 biochemical, biological, or other characteristics of the soil. 6 35. “Soil-amending ingredient form” means the chemical 7 compound, such as salt, chelate, oxide, or acid, of an 8 ingredient or the physical form of an ingredient. 9 27. 36. A “specialty fertilizer” is “Specialty fertilizer” 10 means a commercial fertilizer distributed primarily for 11 nonfarm use, such as home gardens, lawns, shrubbery, flowers, 12 golf courses, municipal parks, cemeteries, greenhouses , and 13 nurseries , and may include commercial fertilizers used for 14 research or experimental purposes. 15 28. 37. The term “ton” “Ton” means a net weight of two 16 thousand pounds avoirdupois. 17 29. 38. a. The term “unmanipulated manures” “Unmanipulated 18 manures” means any substances composed primarily of excreta, 19 plant remains, or mixtures of such substances which have not 20 been processed in any manner other than dewatering. 21 b. “Unmanipulated manures” includes unmanipulated animal 22 manure or unmanipulated vegetable manure. 23 30. Words importing the singular number may extend and be 24 applied to several persons or things, and words importing the 25 plural number may include the singular. 26 Sec. 4. Section 200.4, Code 2025, is amended to read as 27 follows: 28 200.4 License —— fee and expiration —— mixture requirement . 29 1. Any person who manufactures, mixes, blends, mixes to 30 customer’s order, offers for sale, sells, or distributes any 31 fertilizer or soil conditioner beneficial substance in this 32 state must first obtain a license issued by the secretary and 33 pay a twenty dollar license fee for each place of manufacture 34 or distribution from which fertilizer or soil conditioner 35 -7- LSB 1411HV (1) 91 da/ns 7/ 47

H.F. 799 beneficial substance products are sold or distributed in this 1 state. The license shall expire on July 1 of the even-numbered 2 year following the date the license is issued. A license may 3 be renewed for a two-year period as provided by the department. 4 2. The licensee shall at all times produce an intimate 5 and uniform mixture of fertilizers or soil conditioners 6 beneficial substances . When two or more fertilizer materials 7 are delivered in the same load, they shall be thoroughly and 8 uniformly mixed unless they are in separate compartments. 9 Sec. 5. Section 200.5, Code 2025, is amended to read as 10 follows: 11 200.5 Registration. 12 1. Each brand and grade of commercial fertilizer and each 13 soil conditioner beneficial substance shall be registered 14 before being offered for sale, sold , or otherwise distributed 15 in this state; except that a commercial fertilizer formulated 16 according to special specifications furnished by a consumer 17 to fill the consumer’s order shall not be required to be 18 registered, but shall be labeled as provided in section 200.6, 19 subsection 3 1, paragraph “c” . The application for registration 20 shall be submitted to the secretary on forms furnished by the 21 secretary and shall be accompanied by a label setting forth the 22 guaranteed analysis which shall be the same as that appearing 23 on the registered product. 24 2. All A registration will shall be permanent, provided, 25 however, that the secretary may request a listing of products 26 to be currently manufactured. The application shall include 27 the following information in the following order: 28 a. Net weight, if sold in packaged form. 29 b. Name and address of the registrant. 30 c. Name of product. 31 d. Brand. 32 e. Grade , if the product contains a recognized plant food . 33 f. Guaranteed analysis. 34 3. In addition to the information required in subsection 35 -8- LSB 1411HV (1) 91 da/ns 8/ 47

H.F. 799 2 of this section , applications an application for the 1 registration of soil conditioners a beneficial substance must 2 include the name or chemical designation and percentage of 3 content of each of the active ingredients. Each microbial 4 organism ingredient must be identified with species and genus 5 in colony-forming units per gram for a dry product or per 6 milliliter for a liquid product. Another unit of quantity 7 may be acceptable if an accurate and verifiable guarantee is 8 presented. 9 4. The secretary is authorized , after public hearing, 10 following due notice, to adopt rules under chapter 17A 11 regulating the labeling and registration of specialty 12 commercial fertilizers and other fertilizer products beneficial 13 substances , when necessary in the secretary’s opinion. The 14 secretary may require any reasonable information in addition 15 to section 200.3, subsection 14 16 , which is necessary and 16 useful to the purchasers of specialty fertilizers commercial 17 fertilizers and beneficial substances of this state and to 18 promote uniformity among states. 19 5. The secretary is authorized after public hearing, 20 following due notice, to establish adopt rules under chapter 21 17A establishing minimum acceptable levels of trace and 22 secondary elements components recognized as effective to aid 23 crops produced in Iowa this state and to require such warning 24 statements as may be deemed necessary to prevent injury to 25 crops or for user safety . 26 6. The secretary, whenever the secretary deems it necessary 27 in the administration of this chapter , may require the 28 submission of additional data about any article, including a 29 fertilizer , beneficial substance, or other product regulated 30 under this chapter to support the claims made for it. If it 31 appears to the secretary that the composition of the article is 32 such as to warrant the claims made for it, and if the article, 33 its labeling and other material required to be submitted, 34 comply with the requirements of this chapter , the secretary 35 -9- LSB 1411HV (1) 91 da/ns 9/ 47

H.F. 799 shall register the product. 1 7. If it does not appear to the secretary that the article 2 is such as to warrant the proposed claims for it, or if the 3 article and its labeling and other material required to be 4 submitted does do not comply with the a provision of this 5 chapter , the secretary shall notify the registrant of the 6 manner in which the article, labeling, or other material 7 required to be submitted fails to comply with this chapter 8 so as to afford the registrant an opportunity to make the 9 necessary corrections before resubmitting the label. 10 8. It shall be the responsibility of the registrant to 11 submit satisfactory evidence of favorable effects and safety 12 of the product. 13 9. The secretary shall establish minimum requirements 14 for the registration of fertilizers and soil conditioners 15 beneficial substances by efficacy testing or the substantiation 16 of data relevant to Iowa this state’s crops and soils. 17 10. A distributor shall not be required to register 18 any brand and grade of commercial fertilizer or beneficial 19 substance which is already registered under this chapter by 20 another person. 21 11. The advisory committee created in section 206.23 shall 22 advise and assist the secretary on the registration of a 23 product of commercial fertilizer or soil conditioner under the 24 provisions of this chapter . 25 Sec. 6. Section 200.6, Code 2025, is amended to read as 26 follows: 27 200.6 Labeling. 28 1. a. Any commercial fertilizer offered for sale or sold or 29 distributed in this state in bags , or other containers , shall 30 have placed on or affixed to the container in legibly written 31 or printed form, the information required by section 200.5 , 32 subsection 2 ; , either on tags affixed to the end of the package 33 or directly on the package. 34 2. b. If distributed in bulk, the a shipment of commercial 35 -10- LSB 1411HV (1) 91 da/ns 10/ 47

H.F. 799 fertilizer must be accompanied by a written or printed 1 statement giving the purchaser’s name and address in addition 2 to the labeling requirement set forth in section 200.5 , 3 subsection 2 . 4 3. c. A commercial fertilizer formulated according to 5 specifications which are furnished by a consumer prior to 6 mixing shall be labeled to show the net weight, guaranteed 7 analysis, and the name and address of the distributor and 8 may show the net weight and guaranteed analysis of each of 9 the fertilizer materials or soil conditioners used. It is 10 the responsibility of the distributor to mix these materials 11 uniformly and intimately so that when sampled in the prescribed 12 manner the resulting analysis would meet the guarantee. 13 4. d. All bulk bins or intermediate storage of bulk 14 commercial fertilizer where being offered for sale or 15 distributed direct to the consumer shall be labeled showing 16 brand, name , and grade of product. 17 5. e. All fertilizers distributed or stored in bulk, unless 18 in the manufacturers authorized containers, shall be labeled as 19 the responsibility of the possessor. 20 6. 2. Soil conditioners A beneficial substance shall be 21 labeled in accordance with subsection 1 of this section and 22 in addition shall show the name or chemical designation and 23 content or the active ingredients. 24 Sec. 7. Section 200.8, Code 2025, is amended to read as 25 follows: 26 200.8 Inspection fees. 27 1. a. There shall be paid by the licensee to the secretary 28 for all any commercial fertilizers and soil conditioners 29 fertilizer or beneficial substance sold , or distributed in this 30 state, an inspection fee to be fixed annually by the secretary 31 of agriculture at not more than twenty cents per ton. Sales 32 The sale of a commercial fertilizer or beneficial substance 33 for manufacturing purposes only are hereby is exempted from 34 fees an inspection fee but must still be reported showing 35 -11- LSB 1411HV (1) 91 da/ns 11/ 47

H.F. 799 the manufacturer who purchased same it . Payment of said the 1 inspection fee by any licensee shall exempt all other persons, 2 firms , or corporations from the payment thereof. 3 b. On an individual packages package of specialty a 4 commercial fertilizer or beneficial substance containing 5 twenty-five pounds or less, there shall be paid by the 6 manufacturer in lieu of the semiannual inspection fee as set 7 forth in this chapter , an annual registration and inspection 8 fee of one hundred dollars for each brand and grade sold or 9 distributed in the state. In the event that any manufacturer 10 sells specialty a commercial fertilizer or beneficial substance 11 in packages a package of twenty-five pounds or less and also 12 in packages a package of more than twenty-five pounds, this 13 annual registration and inspection fee shall apply only to that 14 portion sold in packages a package of twenty-five pounds or 15 less, and that portion sold in packages a package of more than 16 twenty-five pounds shall be subject to the same inspection fee 17 as fixed by the secretary of agriculture as provided in this 18 chapter . 19 c. Any person other than a manufacturer who annually offers 20 for sale, sells, or distributes specialty fertilizer in the 21 amount of four thousand pounds or more or applies specialty 22 fertilizer for compensation shall pay an annual inspection fee 23 of thirty dollars in lieu of the semiannual inspection fee as 24 set forth in this chapter . 25 2. Every person who is a licensee and any person required 26 to pay an annual registration and inspection fee under this 27 chapter in this state shall do all of the following : 28 a. File not later than the last day of January and 29 July of each year, on forms furnished by the secretary, a 30 semiannual statement setting forth the number of net tons of 31 commercial fertilizer or soil conditioners beneficial substance 32 distributed in this state by grade for each county during the 33 preceding six-month period ; and upon . Upon filing such the 34 semiannual statement , the person shall pay the inspection fee 35 -12- LSB 1411HV (1) 91 da/ns 12/ 47

H.F. 799 at the rate stated in subsection 1 . However, in lieu of the 1 semiannual statement by grade for each county, on individual 2 packages of specialty fertilizer containing twenty-five pounds 3 or less of commercial fertilizer , the registrant shall file 4 not later than the last day of July of each year, on forms 5 furnished by the secretary, an annual statement setting forth 6 the number of net tons of specialty commercial fertilizer 7 distributed in this state by grade during the preceding 8 twelve-month period. 9 b. If the tonnage report is not filed or the payment of 10 inspection fees, or both, is not made within ten days after 11 the last day of January and July of each year as required in 12 paragraph “a” of this subsection , a penalty amounting to ten 13 percent of the amount due, if any, shall be assessed against 14 the licensee. In any case, the penalty shall be no less than 15 fifty dollars. The amount of fees due, if any, and penalty 16 shall constitute a debt and become the basis of a judgment 17 against the licensee. 18 3. If there is an unencumbered balance of funds from the 19 amount of the fees deposited in the general fund pursuant to 20 sections 200.9 and 201A.11 on June 30 of any fiscal year equal 21 to or exceeding three hundred fifty thousand dollars, the 22 secretary of agriculture shall reduce the per ton fee provided 23 for in subsection 1 and the annual license fee established 24 pursuant to section 201A.3 for the next fiscal year in such 25 amount as will result in an ending estimated balance of such 26 funds for June 30 of the next fiscal year of three hundred 27 fifty thousand dollars. 28 4. 3. In addition to the fees imposed under subsection 29 1 , a groundwater protection fee shall be imposed upon 30 nitrogen-based fertilizer. The fee shall be based upon the 31 percentage of actual nitrogen contained in the product. An 32 eighty-two percent nitrogen solution shall be taxed at a rate 33 of seventy-five cents per ton. Other nitrogen-based product 34 formulations shall be taxed on the percentage of actual 35 -13- LSB 1411HV (1) 91 da/ns 13/ 47

H.F. 799 nitrogen contained in the formulations with the eighty-two 1 percent nitrogen solution serving as the base. The fee 2 shall be paid by each licensee registering to sell fertilizer 3 to the secretary of agriculture. The fees collected shall 4 be deposited in the agriculture management account of the 5 groundwater protection fund. The secretary of agriculture 6 shall adopt rules for the payment, filing, and collection of 7 groundwater protection fees from licensees in conjunction 8 with the collection of registration and inspection fees. The 9 secretary shall, by rule, allow an exemption to the payment 10 of this fee for fertilizers which contain trace amounts of 11 nitrogen. 12 Sec. 8. Section 200.10, Code 2025, is amended to read as 13 follows: 14 200.10 Inspection, sampling, and analysis. 15 1. It shall be the duty of the secretary, who may act 16 through an authorized agent, to sample, inspect, make analysis 17 of, and test commercial fertilizers or soil conditioners 18 beneficial substances distributed within this state at time 19 and place and to such an extent as the secretary may deem 20 necessary, to determine whether such commercial fertilizers and 21 soil conditioners or beneficial substances are in compliance 22 with the provisions of this chapter . In the performance of 23 the foregoing duty, the secretary shall counsel may consult 24 with the director of the Iowa agricultural experimental station 25 in respect to the time, place , and extent of sampling. The 26 secretary acting individually or through an agent is authorized 27 to enter upon any public or private premises or conveyances 28 during regular business hours in order to have access to 29 a commercial fertilizers fertilizer or soil conditioners 30 beneficial substance subject to the provisions of this chapter 31 and the rules and regulations pertaining thereto including in 32 rules adopted by the department under this chapter . It shall 33 be the duty of the The secretary to shall maintain a laboratory 34 with the necessary equipment and to employ such employees 35 -14- LSB 1411HV (1) 91 da/ns 14/ 47

H.F. 799 as may be necessary to aid assist in the administration and 1 enforcement of this chapter . 2 2. a. The methods of sampling and analysis shall be the 3 official methods of the association of official agricultural 4 chemists in all cases where methods have been adopted by the 5 association. 6 b. The findings of the state chemist or the state chemist’s 7 bureau chief of the Iowa laboratory bureau, or the bureau 8 chief’s deputy, as shown by the sworn statement of the results 9 of analysis of official samples of any brand and grade of 10 commercial fertilizer, fertilizer material , or soil conditioner 11 beneficial substance , shall constitute prima facie evidence of 12 their its correctness in the courts of this state, as to the 13 particular lots sampled and analyzed. 14 3. The secretary, in determining for administrative 15 purposes whether any commercial fertilizer is deficient in 16 plant food, or soil conditioner beneficial substance deficient 17 in guaranteed active ingredients, shall be guided by the 18 official sample as defined in section 200.3, subsection 18 22 , 19 and obtained and analyzed as provided for in subsection 2 of 20 this section . 21 4. The results of official analysis of any commercial 22 fertilizer or soil conditioner beneficial substance which 23 has been found to be in violation of any provision of this 24 chapter , shall be forwarded by the secretary to the registrant. 25 Upon request, the secretary shall furnish to the registrant a 26 portion of any sample. 27 Sec. 9. Section 200.11, Code 2025, is amended to read as 28 follows: 29 200.11 Filler material Item that is injurious or filler . 30 It shall be unlawful for any person to A person shall 31 not manufacture, offer for sale , or sell in this state, any 32 commercial fertilizer , or soil conditioner beneficial substance 33 containing any substance used as a filler item that is 34 injurious to crop growth or deleterious to the soil, or to use 35 -15- LSB 1411HV (1) 91 da/ns 15/ 47

H.F. 799 in such commercial fertilizer , or soil conditioner beneficial 1 substance as a filler any substance item that contains inert or 2 useless plant food material for the purpose or with the effect 3 of deceiving or defrauding the purchaser. 4 Sec. 10. Section 200.12, Code 2025, is amended to read as 5 follows: 6 200.12 False or misleading statements. 7 A commercial fertilizer or soil conditioner beneficial 8 substance is misbranded if it does not identify substances 9 items promoting plant growth as defined in section 200.3, 10 subsection 11 , or if it carries any false or misleading 11 statement upon or attached to the container or stated on 12 the invoice or delivery ticket, or if the container or on 13 the invoice or delivery ticket or in any advertising matter 14 whatsoever connected with, accompanying , or associated with the 15 commercial fertilizer or soil conditioner beneficial substance . 16 Further, the burden of proof of the desirable effect of the 17 product commercial fertilizer or beneficial substance on plant 18 growth shall be the responsibility of the registrant. 19 Sec. 11. Section 200.14, Code 2025, is amended to read as 20 follows: 21 200.14 Rules. 22 1. a. The department may adopt rules pursuant to chapter 23 17A providing minimum general safety standards for the 24 design, construction, location, installation, and operation 25 of equipment for storage, handling, transportation by tank 26 truck or tank trailer, and utilization of fertilizers and soil 27 conditioners a fertilizer or beneficial substance . 28 b. The rules shall be such as are reasonably necessary 29 for the protection and safety of the public and persons using 30 fertilizers or soil conditioners a fertilizer or beneficial 31 substance , and shall be in substantial conformity with the 32 generally accepted standards of safety. 33 c. Fertilizer and soil conditioner or beneficial substance 34 equipment shall be installed and maintained in a safe 35 -16- LSB 1411HV (1) 91 da/ns 16/ 47

H.F. 799 operating condition and in conformity with rules adopted by the 1 department. 2 2. The department may adopt such reasonable rules as may 3 be necessary in order to carry into effect the purpose, and to 4 secure the efficient administration, of this chapter . 5 3. This chapter does not prohibit the use of storage 6 tanks smaller than transporting tanks nor the transfer of all 7 kinds any kind of fertilizers fertilizer or soil conditioners 8 beneficial substance directly from transporting tanks to 9 implements of husbandry, if proper safety precautions are 10 observed. 11 4. Rules adopted to implement this chapter are not subject 12 to section 17A.7, subsection 2 or 3 . 13 Sec. 12. Section 200.15, Code 2025, is amended to read as 14 follows: 15 200.15 Refusal to register or cancellation of registration 16 and licenses. 17 1. Upon satisfactory evidence that the registrant or 18 licensee has used fraudulent or deceptive practices or has 19 willfully violated any provisions of this chapter or any 20 rules and regulations promulgated adopted under this chapter , 21 the secretary is authorized and empowered to do any of the 22 following: 23 a. Cancel the registration of any product of commercial 24 fertilizer or soil conditioner beneficial substance or license. 25 b. Refuse to register any product of commercial fertilizer 26 or soil conditioner beneficial substance . 27 c. Refuse to license any applicant. 28 2. However, a A registration or license shall not be revoked 29 or refused until the registrant or licensee has been given the 30 opportunity to appear for a hearing by the secretary. 31 Sec. 13. Section 200.16, Code 2025, is amended to read as 32 follows: 33 200.16 “Stop sale” orders. 34 The secretary may issue and enforce a written or printed 35 -17- LSB 1411HV (1) 91 da/ns 17/ 47

H.F. 799 “stop sale, use or removal” order to the owner or custodian of 1 any lot of commercial fertilizer or soil conditioner beneficial 2 substance , if the secretary finds the commercial fertilizer 3 or soil conditioner beneficial substance is being offered or 4 exposed for sale in violation of any of the provisions of 5 this chapter or including any of the rules and regulations 6 promulgated rule adopted under this chapter . The secretary may 7 hold the commercial fertilizer or soil conditioner beneficial 8 substance at a designated place until the law has been complied 9 with and the commercial fertilizer or soil conditioner 10 beneficial substance is released in writing by the secretary, 11 or the violation has been otherwise legally disposed of by 12 written authority, and all costs and expenses incurred in 13 connection with the withdrawal have been paid. 14 Sec. 14. Section 200.17, Code 2025, is amended to read as 15 follows: 16 200.17 Seizure, condemnation, and sale. 17 Any lot of commercial fertilizer or soil conditioner 18 beneficial substance not in compliance with the provisions 19 of this chapter shall be subject to seizure on complaint of 20 the secretary to a court of competent jurisdiction in the 21 county or adjoining county in which the commercial fertilizer 22 or soil conditioner beneficial substance is located. In 23 the event the court finds the commercial fertilizer or soil 24 conditioner beneficial substance to be in violation of this 25 chapter and orders or an order for the condemnation of the 26 commercial fertilizer or soil conditioner beneficial substance , 27 it the commercial fertilizer or beneficial substance shall be 28 disposed of in any manner consistent with the quality of the 29 commercial fertilizer or soil conditioner beneficial substance 30 and the laws of the state. However, in no instance shall the 31 disposition of the commercial fertilizer or soil conditioner 32 beneficial substance shall not be ordered by the court without 33 first giving the claimant an opportunity to apply to the court 34 for release of the commercial fertilizer or soil conditioner 35 -18- LSB 1411HV (1) 91 da/ns 18/ 47