House File 998 - Introduced HOUSE FILE 998 BY COMMITTEE ON WAYS AND MEANS (SUCCESSOR TO HF 799) (SUCCESSOR TO HSB 143) A BILL FOR An Act providing for programs and regulations related to 1 agriculture, including crop production, animal health, and 2 agricultural processing, providing for powers and duties 3 of the department of agriculture and land stewardship, 4 providing fees, and providing penalties. 5 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 6 TLSB 1411HZ (2) 91 da/ns

H.F. 998 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 1411HZ (2) 91 da/ns 1/ 38

H.F. 998 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. a. “Beneficial substance” means any substance or 18 compound, other than primary, secondary, or microplant 19 nutrients, that can be demonstrated by scientific research 20 to be beneficial to one or more species of plants, soils, or 21 media, including any of the following: 22 (1) A plant amendment. 23 (2) A plant biostimulant. 24 (3) A plant inoculant. 25 (4) A soil-amending ingredient. 26 (5) A soil-amending ingredient form. 27 (6) A soil amendment. 28 (7) A soil inoculant. 29 (8) Compost. 30 b. “Beneficial substance” does not include a pesticide. 31 5. The term “brand” “Brand” means a term, design, or 32 trademark used in connection with one or several grades 33 of commercial fertilizer , product name, or other specific 34 designation under which a individual beneficial substance or 35 -2- LSB 1411HZ (2) 91 da/ns 2/ 38

H.F. 998 commercial fertilizer is offered for sale . 1 5. The term “bulk fertilizer” shall mean commercial 2 fertilizer delivered to the purchaser in the solid, liquid, or 3 gaseous state, in a nonpackaged form to which a label cannot 4 be attached. 5 6. “Bulk” means in a nonpackaged form to which a label 6 cannot be attached. 7 7. The term “commercial fertilizer” “Commercial 8 fertilizer” includes fertilizer and fertilizer materials and 9 fertilizer-pesticide mixtures. 10 8. “Compost” means a product manufactured through the 11 controlled aerobic, biological decomposition of a biodegradable 12 material if the product has undergone mesophilic and 13 thermophilic temperatures that significantly reduce the 14 viability of pathogens and weed seeds and stabilize carbon to 15 the extent that the product is beneficial to plant growth. 16 7. 9. “Department” means the department of agriculture and 17 land stewardship. 18 10. “Distribute” means to import, consign, manufacture, 19 produce, compound, mix, blend, or offer for sale, sell, barter, 20 or otherwise supply a commercial fertilizer or beneficial 21 substance in this state. 22 8. 11. The term “distributor” “Distributor” means 23 any person who imports, consigns, manufactures, produces, 24 compounds, mixes, or blends commercial fertilizer , or who 25 offers for sale, sells, barters, or otherwise distributes , a 26 commercial fertilizer or beneficial substance in this state. 27 9. 12. a. “Established date of operation” means the date on 28 which an anhydrous ammonia plant commenced operating. 29 b. If the physical facilities of the plant are subsequently 30 expanded, the established date of operation for each expansion 31 is deemed to be a separate and independent “established date of 32 operation” established as of the date of commencement of the 33 expanded operations. 34 c. The commencement of expanded operations does not divest 35 -3- LSB 1411HZ (2) 91 da/ns 3/ 38

H.F. 998 the plant of a previously established date of operation. 1 10. 13. “Established date of ownership” means the date 2 of the recording of an appropriate instrument of title 3 establishing the ownership of real estate. 4 11. 14. The term “fertilizer” “Fertilizer” means any 5 substance containing one or more recognized plant nutrient 6 which is nutrients used for its plant nutrient content 7 and which is designed for use and claimed to have value 8 in promoting plant growth except unmanipulated animal and 9 vegetable manures or calcium and magnesium carbonate materials 10 used primarily for correcting soil acidity. 11 12. 15. The term “fertilizer material” “Fertilizer material” 12 means any substance used as a fertilizer or for compounding 13 a fertilizer containing one or more of the recognized plant 14 nutrients which are used for promoting plant growth or altering 15 plant composition. 16 13. 16. The term “grade” “Grade” means the percentages 17 of total nitrogen, available phosphorus or P 2 O 5 or both, and 18 soluble potassium or K 2 O or both stated in whole numbers in same 19 terms, order , and percentages as in the “guaranteed analysis” 20 guaranteed analysis . 21 14. Guaranteed analysis: 22 17. a. (1) The term “guaranteed analysis” shall mean 23 “Guaranteed analysis” means the minimum percentage of plant 24 nutrients claimed and reported as Total Nitrogen (N), Available 25 Phosphorus (P) or P 2 O 5 or both, Soluble Potassium (K) or K 2 O or 26 both and in the following form: 27 Total Nitrogen (N) ... percent 28 Available Phosphorus (P) or P 2 O 5 or both ... percent 29 Soluble Potassium (K) or K 2 O or both ... percent 30 (2) Registration and guarantee of water soluble phosphorus 31 (P) or (P 2 O 5 ) shall be permitted. 32 b. The term “guaranteed analysis” “Guaranteed analysis” , 33 in the form specified in paragraph “a” , includes all of the 34 following : 35 -4- LSB 1411HZ (2) 91 da/ns 4/ 38

H.F. 998 (1) (a) For unacidulated mineral phosphatic materials and 1 basic slag, both total and available phosphorus or P 2 O 5 or both 2 and the degree of fineness. 3 (b) For bone tankage and other organic phosphatic 4 materials, total phosphorus or P 2 O 5 or both. 5 (2) When any additional plant nutrient elements contained 6 in a beneficial substance as identified in subsection 10 7 of this section , are claimed in writing, they shall be 8 identified in the guarantee, expressed as the element, and 9 shall be subject to inspection and analysis in accordance with 10 the methods and regulations that may be prescribed by the 11 association of official agricultural chemists. 12 18. “Label” means the display of all written, printed, 13 or graphic matter upon the immediate container or statement 14 accompanying a commercial fertilizer or beneficial substance. 15 19. “Labeling” means the advertising or promotion of any 16 commercial fertilizer or beneficial substance including but 17 not limited to any written, printed, graphic, or electronic 18 communication used in promoting the sale of a commercial 19 fertilizer or beneficial substance. 20 15. 20. “Licensee” means a person licensed under section 21 200.4 . 22 16. 21. “Nuisance” means public or private nuisance as 23 defined by statute or by the common law. 24 17. 22. “Nuisance action or proceeding” means an action, 25 claim or proceeding brought at law, in equity, or as an 26 administrative proceeding, which is based on nuisance. 27 18. 23. The term “official sample” “Official sample” means 28 any sample of commercial fertilizer taken by the secretary or 29 the secretary’s agent. 30 19. “Organic agricultural product” means the same as defined 31 in section 190C.1 . 32 20. 24. “Owner” means the person holding record title to 33 real estate, and includes both legal and equitable interest 34 under recorded real estate contracts. 35 -5- LSB 1411HZ (2) 91 da/ns 5/ 38

H.F. 998 21. 25. The term “percent or percentage” “Percent” or 1 “percentage” means the percentage by weight. 2 22. 26. The term “person” “Person” includes an individual, 3 or a type of partnership, limited liability company, 4 corporation, or association, firm, and corporation formed or 5 organized to do business in this state or authorized to do or 6 transact business in this state . 7 23. 27. The term “pesticide” as used in this chapter 8 means “Pesticide” includes insecticides, miticides, nemacides, 9 fungicides, herbicides , and any other substance used in pest 10 control. 11 28. “Plant amendment” means any substance applied to 12 a plant seed which is intended to improve growth, yield, 13 product quality, reproduction, flavor, or other favorable 14 characteristics of a plant except a fertilizer, soil amendment, 15 agricultural liming material, animal manure, vegetable manure, 16 pesticide, plant regulator, or other material which may be 17 exempted by regulation. 18 29. “Plant biostimulant” means a substance, microorganism, 19 or mixture thereof, that, when applied to a seed, plant, the 20 rhizosphere, soil, or other growth media, acts to support 21 a plant’s natural nutrition processes independently of 22 the biostimulant’s nutrient content and improves nutrient 23 availability, uptake, or use efficiency, tolerance to abiotic 24 stress, and consequent growth, development, quality, or yield. 25 30. “Plant inoculant” means a product consisting of 26 microorganisms to be applied to the plant or soil for the 27 purpose of enhancing the availability or uptake of plant 28 nutrients through the root system. 29 24. 31. “Secretary” means the secretary of agriculture. 30 25. 32. The term “sell” “Sell” or “sale” includes exchange. 31 26. 33. A “soil conditioner” is “Soil amendment” means any 32 substance which when added to the soil or applied to plants 33 will produce a favorable growth, yield or quality of crop 34 or soil flora or fauna or other soil characteristics, other 35 -6- LSB 1411HZ (2) 91 da/ns 6/ 38

H.F. 998 than or a mixture of substances which is intended to improve 1 the physical, chemical, biochemical, biological, or other 2 characteristic of the soil, except a fertilizer, recognized 3 pesticide agricultural liming material , unmanipulated animal 4 and manure, unmanipulated vegetable manures or calcium and 5 magnesium carbonate materials used primarily for correcting 6 soil acidity manure, pesticide, or any other material exempted 7 by regulation . 8 34. “Soil inoculant” means a microbial product that is 9 applied to colonize the soil to benefit the soil chemistry, 10 biology, or structure. 11 35. “Soil-amending ingredient” means any substance which 12 when applied to soil will improve the physical, chemical, 13 biochemical, biological, or other characteristics of the soil. 14 36. “Soil-amending ingredient form” means the chemical 15 compound, such as salt, chelate, oxide, or acid, of an 16 ingredient or the physical form of an ingredient. 17 27. 37. A “specialty fertilizer” is “Specialty fertilizer” 18 means a commercial fertilizer distributed primarily for 19 nonfarm use, such as home gardens, lawns, shrubbery, flowers, 20 golf courses, municipal parks, cemeteries, greenhouses , and 21 nurseries , and may include commercial fertilizers used for 22 research or experimental purposes. 23 28. 38. The term “ton” “Ton” means a net weight of two 24 thousand pounds avoirdupois. 25 29. 39. a. The term “unmanipulated manures” “Unmanipulated 26 manures” means any substances composed primarily of excreta, 27 plant remains, or mixtures of such substances which have not 28 been processed in any manner other than dewatering. 29 b. “Unmanipulated manures” includes unmanipulated animal 30 manure or unmanipulated vegetable manure. 31 30. Words importing the singular number may extend and be 32 applied to several persons or things, and words importing the 33 plural number may include the singular. 34 Sec. 4. Section 200.4, Code 2025, is amended to read as 35 -7- LSB 1411HZ (2) 91 da/ns 7/ 38

H.F. 998 follows: 1 200.4 License —— fee and expiration —— mixture requirement . 2 1. Any person who manufactures, mixes, blends, mixes to 3 customer’s order, offers for sale, sells, or distributes any 4 fertilizer or soil conditioner beneficial substance in this 5 state must first obtain a license issued by the secretary and 6 pay a twenty dollar license fee for each place of manufacture 7 or distribution from which fertilizer or soil conditioner 8 beneficial substance products are sold or distributed in this 9 state. The license shall expire on July 1 of the even-numbered 10 year following the date the license is issued. A license may 11 be renewed for a two-year period as provided by the department. 12 2. The licensee shall at all times produce an intimate 13 and uniform mixture of fertilizers or soil conditioners 14 beneficial substances . When two or more fertilizer materials 15 are delivered in the same load, they shall be thoroughly and 16 uniformly mixed unless they are in separate compartments. 17 Sec. 5. Section 200.5, Code 2025, is amended to read as 18 follows: 19 200.5 Registration. 20 1. Each brand and grade of commercial fertilizer and each 21 soil conditioner beneficial substance shall be registered 22 before being offered for sale, sold , or otherwise distributed 23 in this state; except that a commercial fertilizer formulated 24 according to special specifications furnished by a consumer 25 to fill the consumer’s order shall not be required to be 26 registered, but shall be labeled as provided in section 200.6, 27 subsection 3 1, paragraph “c” . The application for registration 28 shall be submitted to the secretary on forms furnished by the 29 secretary and shall be accompanied by a label setting forth the 30 guaranteed analysis which shall be the same as that appearing 31 on the registered product. 32 2. All A registration will shall be permanent, provided, 33 however, that the secretary may request a listing of products 34 to be currently manufactured. The application shall include 35 -8- LSB 1411HZ (2) 91 da/ns 8/ 38

H.F. 998 the following information in the following order: 1 a. Net weight, if sold in packaged form. 2 b. Name and address of the registrant. 3 c. Name of product. 4 d. Brand. 5 e. Grade , if the product contains a recognized plant food . 6 f. Guaranteed analysis. 7 3. In addition to the information required in subsection 8 2 of this section , applications an application for the 9 registration of soil conditioners a beneficial substance must 10 include the name or chemical designation and percentage of 11 content of each of the active ingredients. Each microbial 12 organism ingredient must be identified with species and genus 13 in colony-forming units per gram for a dry product or per 14 milliliter for a liquid product. Another unit of quantity 15 may be acceptable if an accurate and verifiable guarantee is 16 presented. 17 4. The secretary is authorized , after public hearing, 18 following due notice, to adopt rules under chapter 17A 19 regulating the labeling and registration of specialty 20 commercial fertilizers and other fertilizer products beneficial 21 substances , when necessary in the secretary’s opinion. The 22 secretary may require any reasonable information in addition 23 to section 200.3, subsection 14 17 , which is necessary and 24 useful to the purchasers of specialty fertilizers commercial 25 fertilizers and beneficial substances of this state and to 26 promote uniformity among states. 27 5. The secretary is authorized after public hearing, 28 following due notice, to establish adopt rules under chapter 29 17A establishing minimum acceptable levels of trace and 30 secondary elements components recognized as effective to aid 31 crops produced in Iowa this state and to require such warning 32 statements as may be deemed necessary to prevent injury to 33 crops or for user safety . 34 6. The secretary, whenever the secretary deems it necessary 35 -9- LSB 1411HZ (2) 91 da/ns 9/ 38

H.F. 998 in the administration of this chapter , may require the 1 submission of additional data about any article, including a 2 fertilizer , beneficial substance, or other product regulated 3 under this chapter to support the claims made for it. If it 4 appears to the secretary that the composition of the article is 5 such as to warrant the claims made for it, and if the article, 6 its labeling and other material required to be submitted, 7 comply with the requirements of this chapter , the secretary 8 shall register the product. 9 7. If it does not appear to the secretary that the article 10 is such as to warrant the proposed claims for it, or if the 11 article and its labeling and other material required to be 12 submitted does do not comply with the a provision of this 13 chapter , the secretary shall notify the registrant of the 14 manner in which the article, labeling, or other material 15 required to be submitted fails to comply with this chapter 16 so as to afford the registrant an opportunity to make the 17 necessary corrections before resubmitting the label. 18 8. It shall be the responsibility of the registrant to 19 submit satisfactory evidence of favorable effects and safety 20 of the product. 21 9. The secretary shall establish minimum requirements 22 for the registration of fertilizers and soil conditioners 23 beneficial substances by efficacy testing or the substantiation 24 of data relevant to Iowa this state’s crops and soils. 25 10. A distributor shall not be required to register 26 any brand and grade of commercial fertilizer or beneficial 27 substance which is already registered under this chapter by 28 another person. 29 11. The advisory committee created in section 206.23 shall 30 advise and assist the secretary on the registration of a 31 product of commercial fertilizer or soil conditioner under the 32 provisions of this chapter . 33 Sec. 6. Section 200.6, Code 2025, is amended to read as 34 follows: 35 -10- LSB 1411HZ (2) 91 da/ns 10/ 38

H.F. 998 200.6 Labeling. 1 1. a. Any commercial fertilizer offered for sale or sold or 2 distributed in this state in bags , or other containers , shall 3 have placed on or affixed to the container in legibly written 4 or printed form, the information required by section 200.5 , 5 subsection 2 ; , either on tags affixed to the end of the package 6 or directly on the package. 7 2. b. If distributed in bulk, the a shipment of commercial 8 fertilizer must be accompanied by a written or printed 9 statement giving the purchaser’s name and address in addition 10 to the labeling requirement set forth in section 200.5 , 11 subsection 2 . 12 3. c. A commercial fertilizer formulated according to 13 specifications which are furnished by a consumer prior to 14 mixing shall be labeled to show the net weight, guaranteed 15 analysis, and the name and address of the distributor and 16 may show the net weight and guaranteed analysis of each of 17 the fertilizer materials or soil conditioners used. It is 18 the responsibility of the distributor to mix these materials 19 uniformly and intimately so that when sampled in the prescribed 20 manner the resulting analysis would meet the guarantee. 21 4. d. All bulk bins or intermediate storage of bulk 22 commercial fertilizer where being offered for sale or 23 distributed direct to the consumer shall be labeled showing 24 brand, name , and grade of product. 25 5. e. All fertilizers distributed or stored in bulk, unless 26 in the manufacturers authorized containers, shall be labeled as 27 the responsibility of the possessor. 28 6. 2. Soil conditioners A beneficial substance shall be 29 labeled in accordance with subsection 1 of this section and 30 in addition shall show the name or chemical designation and 31 content or the active ingredients. 32 Sec. 7. Section 200.8, Code 2025, is amended to read as 33 follows: 34 200.8 Inspection fees. 35 -11- LSB 1411HZ (2) 91 da/ns 11/ 38

H.F. 998 1. a. There shall be paid by the licensee to the secretary 1 for all any commercial fertilizers and soil conditioners 2 fertilizer or beneficial substance sold , or distributed in this 3 state, an inspection fee to be fixed annually by the secretary 4 of agriculture at not more than twenty cents per ton. Sales 5 The sale of a commercial fertilizer or beneficial substance 6 for manufacturing purposes only are hereby is exempted from 7 fees an inspection fee but must still be reported showing 8 the manufacturer who purchased same it . Payment of said the 9 inspection fee by any licensee shall exempt all other persons, 10 firms , or corporations from the payment thereof. 11 b. On an individual packages package of specialty a 12 commercial fertilizer or beneficial substance containing 13 twenty-five pounds or less, there shall be paid by the 14 manufacturer in lieu of the semiannual inspection fee as set 15 forth in this chapter , an annual registration and inspection 16 fee of one hundred dollars for each brand and grade sold or 17 distributed in the state. In the event that any manufacturer 18 sells specialty a commercial fertilizer or beneficial substance 19 in packages a package of twenty-five pounds or less and also 20 in packages a package of more than twenty-five pounds, this 21 annual registration and inspection fee shall apply only to that 22 portion sold in packages a package of twenty-five pounds or 23 less, and that portion sold in packages a package of more than 24 twenty-five pounds shall be subject to the same inspection fee 25 as fixed by the secretary of agriculture as provided in this 26 chapter . 27 c. Any person other than a manufacturer who annually offers 28 for sale, sells, or distributes specialty fertilizer in the 29 amount of four thousand pounds or more or applies specialty 30 fertilizer for compensation shall pay an annual inspection fee 31 of thirty dollars in lieu of the semiannual inspection fee as 32 set forth in this chapter . 33 2. Every person who is a licensee and any person required 34 to pay an annual registration and inspection fee under this 35 -12- LSB 1411HZ (2) 91 da/ns 12/ 38

H.F. 998 chapter in this state shall do all of the following : 1 a. File not later than the last day of January and 2 July of each year, on forms furnished by the secretary, a 3 semiannual statement setting forth the number of net tons of 4 commercial fertilizer or soil conditioners beneficial substance 5 distributed in this state by grade for each county during the 6 preceding six-month period ; and upon . Upon filing such the 7 semiannual statement , the person shall pay the inspection fee 8 at the rate stated in subsection 1 . However, in lieu of the 9 semiannual statement by grade for each county, on individual 10 packages of specialty fertilizer containing twenty-five pounds 11 or less of commercial fertilizer , the registrant shall file 12 not later than the last day of July of each year, on forms 13 furnished by the secretary, an annual statement setting forth 14 the number of net tons of specialty commercial fertilizer 15 distributed in this state by grade during the preceding 16 twelve-month period. 17 b. If the tonnage report is not filed or the payment of 18 inspection fees, or both, is not made within ten days after 19 the last day of January and July of each year as required in 20 paragraph “a” of this subsection , a penalty amounting to ten 21 percent of the amount due, if any, shall be assessed against 22 the licensee. In any case, the penalty shall be no less than 23 fifty dollars. The amount of fees due, if any, and penalty 24 shall constitute a debt and become the basis of a judgment 25 against the licensee. 26 3. If there is an unencumbered balance of funds from the 27 amount of the fees deposited in the general fund pursuant to 28 sections 200.9 and 201A.11 on June 30 of any fiscal year equal 29 to or exceeding three hundred fifty thousand dollars, the 30 secretary of agriculture shall reduce the per ton fee provided 31 for in subsection 1 and the annual license fee established 32 pursuant to section 201A.3 for the next fiscal year in such 33 amount as will result in an ending estimated balance of such 34 funds for June 30 of the next fiscal year of three hundred 35 -13- LSB 1411HZ (2) 91 da/ns 13/ 38

H.F. 998 fifty thousand dollars. 1 4. 3. In addition to the fees imposed under subsection 2 1 , a groundwater protection fee shall be imposed upon 3 nitrogen-based fertilizer. The fee shall be based upon the 4 percentage of actual nitrogen contained in the product. An 5 eighty-two percent nitrogen solution shall be taxed at a rate 6 of seventy-five cents per ton. Other nitrogen-based product 7 formulations shall be taxed on the percentage of actual 8 nitrogen contained in the formulations with the eighty-two 9 percent nitrogen solution serving as the base. The fee 10 shall be paid by each licensee registering to sell fertilizer 11 to the secretary of agriculture. The fees collected shall 12 be deposited in the agriculture management account of the 13 groundwater protection fund. The secretary of agriculture 14 shall adopt rules for the payment, filing, and collection of 15 groundwater protection fees from licensees in conjunction 16 with the collection of registration and inspection fees. The 17 secretary shall, by rule, allow an exemption to the payment 18 of this fee for fertilizers which contain trace amounts of 19 nitrogen. 20 Sec. 8. Section 200.10, Code 2025, is amended to read as 21 follows: 22 200.10 Inspection, sampling, and analysis. 23 1. It shall be the duty of the secretary, who may act 24 through an authorized agent, to sample, inspect, make analysis 25 of, and test commercial fertilizers or soil conditioners 26 beneficial substances distributed within this state at time 27 and place and to such an extent as the secretary may deem 28 necessary, to determine whether such commercial fertilizers and 29 soil conditioners or beneficial substances are in compliance 30 with the provisions of this chapter . In the performance of 31 the foregoing duty, the secretary shall counsel may consult 32 with the director of the Iowa agricultural experimental station 33 in respect to the time, place , and extent of sampling. The 34 secretary acting individually or through an agent is authorized 35 -14- LSB 1411HZ (2) 91 da/ns 14/ 38

H.F. 998 to enter upon any public or private premises or conveyances 1 during regular business hours in order to have access to 2 a commercial fertilizers fertilizer or soil conditioners 3 beneficial substance subject to the provisions of this chapter 4 and the rules and regulations pertaining thereto including in 5 rules adopted by the department under this chapter . It shall 6 be the duty of the The secretary to shall maintain a laboratory 7 with the necessary equipment and to employ such employees 8 as may be necessary to aid assist in the administration and 9 enforcement of this chapter . 10 2. a. The methods of sampling and analysis shall be the 11 official methods of the association of official agricultural 12 chemists in all cases where methods have been adopted by the 13 association. 14 b. The findings of the state chemist or the state chemist’s 15 bureau chief of the Iowa laboratory bureau, or the bureau 16 chief’s deputy, as shown by the sworn statement of the results 17 of analysis of official samples of any brand and grade of 18 commercial fertilizer, fertilizer material , or soil conditioner 19 beneficial substance , shall constitute prima facie evidence of 20 their its correctness in the courts of this state, as to the 21 particular lots sampled and analyzed. 22 3. The secretary, in determining for administrative 23 purposes whether any commercial fertilizer is deficient in 24 plant food, or soil conditioner beneficial substance deficient 25 in guaranteed active ingredients, shall be guided by the 26 official sample as defined in section 200.3, subsection 18 23 , 27 and obtained and analyzed as provided for in subsection 2 of 28 this section . 29 4. The results of official analysis of any commercial 30 fertilizer or soil conditioner beneficial substance which 31 has been found to be in violation of any provision of this 32 chapter , shall be forwarded by the secretary to the registrant. 33 Upon request, the secretary shall furnish to the registrant a 34 portion of any sample. 35 -15- LSB 1411HZ (2) 91 da/ns 15/ 38

H.F. 998 Sec. 9. Section 200.11, Code 2025, is amended to read as 1 follows: 2 200.11 Filler material Item that is injurious or filler . 3 It shall be unlawful for any person to A person shall 4 not manufacture, offer for sale , or sell in this state, any 5 commercial fertilizer , or soil conditioner beneficial substance 6 containing any substance used as a filler item that is 7 injurious to crop growth or deleterious to the soil, or to use 8 in such commercial fertilizer , or soil conditioner beneficial 9 substance as a filler any substance item that contains inert or 10 useless plant food material for the purpose or with the effect 11 of deceiving or defrauding the purchaser. 12 Sec. 10. Section 200.12, Code 2025, is amended to read as 13 follows: 14 200.12 False or misleading statements. 15 A commercial fertilizer or soil conditioner beneficial 16 substance is misbranded if it does not identify substances 17 items promoting plant growth as defined in section 200.3, 18 subsection 11 , or if it carries any false or misleading 19 statement upon or attached to the container or stated on 20 the invoice or delivery ticket, or if the container or on 21 the invoice or delivery ticket or in any advertising matter 22 whatsoever connected with, accompanying , or associated with the 23 commercial fertilizer or soil conditioner beneficial substance . 24 Further, the burden of proof of the desirable effect of the 25 product commercial fertilizer or beneficial substance on plant 26 growth shall be the responsibility of the registrant. 27 Sec. 11. Section 200.14, Code 2025, is amended to read as 28 follows: 29 200.14 Rules. 30 1. a. The department may adopt rules pursuant to chapter 31 17A providing minimum general safety standards for the 32 design, construction, location, installation, and operation 33 of equipment for storage, handling, transportation by tank 34 truck or tank trailer, and utilization of fertilizers and soil 35 -16- LSB 1411HZ (2) 91 da/ns 16/ 38

H.F. 998 conditioners a fertilizer or beneficial substance . 1 b. The rules shall be such as are reasonably necessary 2 for the protection and safety of the public and persons using 3 fertilizers or soil conditioners a fertilizer or beneficial 4 substance , and shall be in substantial conformity with the 5 generally accepted standards of safety. 6 c. Fertilizer and soil conditioner or beneficial substance 7 equipment shall be installed and maintained in a safe 8 operating condition and in conformity with rules adopted by the 9 department. 10 2. The department may adopt such reasonable rules as may 11 be necessary in order to carry into effect the purpose, and to 12 secure the efficient administration, of this chapter . 13 3. This chapter does not prohibit the use of storage 14 tanks smaller than transporting tanks nor the transfer of all 15 kinds any kind of fertilizers fertilizer or soil conditioners 16 beneficial substance directly from transporting tanks to 17 implements of husbandry, if proper safety precautions are 18 observed. 19 4. Rules adopted to implement this chapter are not subject 20 to section 17A.7, subsection 2 or 3 . 21 Sec. 12. Section 200.15, Code 2025, is amended to read as 22 follows: 23 200.15 Refusal to register or cancellation of registration 24 and licenses. 25 1. Upon satisfactory evidence that the registrant or 26 licensee has used fraudulent or deceptive practices or has 27 willfully violated any provisions of this chapter or any 28 rules and regulations promulgated adopted under this chapter , 29 the secretary is authorized and empowered to do any of the 30 following: 31 a. Cancel the registration of any product of commercial 32 fertilizer or soil conditioner beneficial substance or license. 33 b. Refuse to register any product of commercial fertilizer 34 or soil conditioner beneficial substance . 35 -17- LSB 1411HZ (2) 91 da/ns 17/ 38

H.F. 998 c. Refuse to license any applicant. 1 2. However, a A registration or license shall not be revoked 2 or refused until the registrant or licensee has been given the 3 opportunity to appear for a hearing by the secretary. 4 Sec. 13. Section 200.16, Code 2025, is amended to read as 5 follows: 6 200.16 “Stop sale” orders. 7 The secretary may issue and enforce a written or printed 8 “stop sale, use or removal” order to the owner or custodian of 9 any lot of commercial fertilizer or soil conditioner beneficial 10 substance , if the secretary finds the commercial fertilizer 11 or soil conditioner beneficial substance is being offered or 12 exposed for sale in violation of any of the provisions of 13 this chapter or including any of the rules and regulations 14 promulgated rule adopted under this chapter . The secretary may 15 hold the commercial fertilizer or soil conditioner beneficial 16 substance at a designated place until the law has been complied 17 with and the commercial fertilizer or soil conditioner 18 beneficial substance is released in writing by the secretary, 19 or the violation has been otherwise legally disposed of by 20 written authority, and all costs and expenses incurred in 21 connection with the withdrawal have been paid. 22 Sec. 14. Section 200.17, Code 2025, is amended to read as 23 follows: 24 200.17 Seizure, condemnation, and sale. 25 Any lot of commercial fertilizer or soil conditioner 26 beneficial substance not in compliance with the provisions 27 of this chapter shall be subject to seizure on complaint of 28 the secretary to a court of competent jurisdiction in the 29 county or adjoining county in which the commercial fertilizer 30 or soil conditioner beneficial substance is located. In 31 the event the court finds the commercial fertilizer or soil 32 conditioner beneficial substance to be in violation of this 33 chapter and orders or an order for the condemnation of the 34 commercial fertilizer or soil conditioner beneficial substance , 35 -18- LSB 1411HZ (2) 91 da/ns 18/ 38