HF 998 (LSB 1411HZ (2) 91)

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 agriculture, including crop production, animal health, and agricultural processing, providing for powers and duties of the department of agriculture and land stewardship, providing fees, and providing penalties.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

DIVISION I
CROP PRODUCTION

PART A
APPLICATION OF NUTRIENTS
    Section 1.  Section 6A.21, subsection 1, paragraph b, Code 2025, is amended to read as follows:
   b.  (1)  “Agricultural land” means real property owned by a person in tracts of ten acres or more and not laid off into lots of less than ten acres or divided by streets and alleys into parcels of less than ten acres, and that has been used for the production of agricultural commodities during three out of the past five years. Such use of property includes, but is not limited to, the raising, harvesting, handling, drying, or storage of crops used for feed, food, seed, or fiber; the care or feeding of livestock; the handling or transportation of crops or livestock; the storage, treatment, or disposal of livestock manure; and the application of fertilizers, soil conditioners beneficial substances, pesticides, and herbicides on crops. Agricultural land
   (2)  “Agricultural land” includes land on which is located farm residences or outbuildings used for agricultural purposes and land on which is located facilities, structures, or equipment for agricultural purposes. Agricultural land
   (3)  “Agricultural land” includes land taken out of agricultural production for purposes of environmental protection or preservation.
    Sec. 2.  Section 190C.22, subsection 3, paragraph b, Code 2025, is amended to read as follows:
   b.  A sworn statement by the state chemist bureau chief of the Iowa laboratory bureau or the state chemist’s bureau chief’s deputy stating the results of an analysis of a sample taken from a lot of agricultural products shall constitute prima facie evidence of the correctness of the analysis of that lot in a contested case proceeding or court proceeding.
    Sec. 3.  Section 200.3, Code 2025, is amended to read as follows:
   200.3  Definitions of words and terms.
   When As used in this chapter, unless the context otherwise requires:
   1.  “Ammonium nitrate” means a compound that is chiefly composed of ammonium salt of nitric acid which contains not less than thirty-three percent nitrogen, one-half of which is in the ammonium form and one-half in the nitrate form.
   2.  The term “anhydrous ammonia” “Anhydrous ammonia” means the compound formed by the combination of two gaseous elements, nitrogen and hydrogen, in the proportion of one part nitrogen to three parts hydrogen by volume.
   3.  “Anhydrous ammonia plant” means a facility used for the manufacture or distribution of the compound formed by the combination of two gaseous elements, nitrogen and hydrogen, in the proportion of one part nitrogen to three parts hydrogen by volume.
   4.  a.  “Beneficial substance” means any substance or compound, other than primary, secondary, or microplant nutrients, that can be demonstrated by scientific research to be beneficial to one or more species of plants, soils, or media, including any of the following:
   (1)  A plant amendment.
   (2)  A plant biostimulant.
   (3)  A plant inoculant.
   (4)  A soil-amending ingredient.
   (5)  A soil-amending ingredient form.
   (6)  A soil amendment.
   (7)  A soil inoculant.
   (8)  Compost.
   b.  “Beneficial substance” does not include a pesticide.
   5.  The term “brand” “Brand” means a term, design, or trademark used in connection with one or several grades of commercial fertilizer, product name, or other specific designation under which a individual beneficial substance or commercial fertilizer is offered for sale.
   5.  The term “bulk fertilizer” shall mean commercial fertilizer delivered to the purchaser in the solid, liquid, or gaseous state, in a nonpackaged form to which a label cannot be attached.
   6.  “Bulk” means in a nonpackaged form to which a label cannot be attached.
   7.  The term “commercial fertilizer” “Commercial fertilizer” includes fertilizer and fertilizer materials and fertilizer-pesticide mixtures.
   8.  “Compost” means a product manufactured through the controlled aerobic, biological decomposition of a biodegradable material if the product has undergone mesophilic and thermophilic temperatures that significantly reduce the viability of pathogens and weed seeds and stabilize carbon to the extent that the product is beneficial to plant growth.
   7.  9.  “Department” means the department of agriculture and land stewardship.
   10.  “Distribute” means to import, consign, manufacture, produce, compound, mix, blend, or offer for sale, sell, barter, or otherwise supply a commercial fertilizer or beneficial substance in this state.
   8.  11.  The term “distributor” “Distributor” means any person who imports, consigns, manufactures, produces, compounds, mixes, or blends commercial fertilizer, or who offers for sale, sells, barters, or otherwise distributes, a commercial fertilizer or beneficial substance in this state.
   9.  12.  a.  “Established date of operation” means the date on which an anhydrous ammonia plant commenced operating.
   b.  If the physical facilities of the plant are subsequently expanded, the established date of operation for each expansion is deemed to be a separate and independent “established date of operation” established as of the date of commencement of the expanded operations.
   c.  The commencement of expanded operations does not divest the plant of a previously established date of operation.
   10.  13.  “Established date of ownership” means the date of the recording of an appropriate instrument of title establishing the ownership of real estate.
   11.  14.  The term “fertilizer” “Fertilizer” means any substance containing one or more recognized plant nutrient which is nutrients used for its plant nutrient content and which is designed for use and claimed to have value in promoting plant growth except unmanipulated animal and vegetable manures or calcium and magnesium carbonate materials used primarily for correcting soil acidity.
   12.  15.  The term “fertilizer material” “Fertilizer material” means any substance used as a fertilizer or for compounding a fertilizer containing one or more of the recognized plant nutrients which are used for promoting plant growth or altering plant composition.
   13.  16.  The term “grade” “Grade” means the percentages of total nitrogen, available phosphorus or P2O5 or both, and soluble potassium or K2O or both stated in whole numbers in same terms, order, and percentages as in the “guaranteed analysis”

guaranteed analysis.
   14.  Guaranteed analysis:
   17.  a.  (1)  The term “guaranteed analysis” shall mean “Guaranteed analysis” means the minimum percentage of plant nutrients claimed and reported as Total Nitrogen (N), Available Phosphorus (P) or P2O5 or both, Soluble Potassium (K) or K2O or both and in the following form:
Total Nitrogen (N)                       ... percent
Available Phosphorus (P) or P2O5 or both                       ... percent
Soluble Potassium (K) or K2O or both                       ... percent

   (2)  Registration and guarantee of water soluble phosphorus (P) or (P2O5) shall be permitted.
   b.  The term “guaranteed analysis” “Guaranteed analysis”, in the form specified in paragraph “a”, includes all of the following:
   (1)  (a)  For unacidulated mineral phosphatic materials and basic slag, both total and available phosphorus or P2O5 or both and the degree of fineness.
   (b)  For bone tankage and other organic phosphatic materials, total phosphorus or P2O5 or both.
   (2)  When any additional plant nutrient elements contained in a beneficial substance as identified in subsection 10 of this section, are claimed in writing, they shall be identified in the guarantee, expressed as the element, and shall be subject to inspection and analysis in accordance with the methods and regulations that may be prescribed by the association of official agricultural chemists.
   18.  “Label” means the display of all written, printed, or graphic matter upon the immediate container or statement accompanying a commercial fertilizer or beneficial substance.
   19.  “Labeling” means the advertising or promotion of any commercial fertilizer or beneficial substance including but not limited to any written, printed, graphic, or electronic communication used in promoting the sale of a commercial fertilizer or beneficial substance.
   15.  20.  “Licensee” means a person licensed under section 200.4.
   16.  21.  “Nuisance” means public or private nuisance as defined by statute or by the common law.
   17.  22.  “Nuisance action or proceeding” means an action, claim or proceeding brought at law, in equity, or as an administrative proceeding, which is based on nuisance.
   18.  23.  The term “official sample” “Official sample” means any sample of commercial fertilizer taken by the secretary or the secretary’s agent.
   19.  “Organic agricultural product” means the same as defined in section 190C.1.
   20.  24.  “Owner” means the person holding record title to real estate, and includes both legal and equitable interest under recorded real estate contracts.
   21.  25.  The term “percent or percentage” “Percent” or “percentage” means the percentage by weight.
   22.  26.  The term “person” “Person” includes an individual, or a type of partnership, limited liability company, corporation, or association, firm, and corporation formed or organized to do business in this state or authorized to do or transact business in this state.
   23.  27.  The term “pesticide” as used in this chapter means “Pesticide” includes insecticides, miticides, nemacides, fungicides, herbicides, and any other substance used in pest control.
   28.  “Plant amendment” means any substance applied to a plant seed which is intended to improve growth, yield, product quality, reproduction, flavor, or other favorable characteristics of a plant except a fertilizer, soil amendment, agricultural liming material, animal manure, vegetable manure, pesticide, plant regulator, or other material which may be exempted by regulation.
   29.  “Plant biostimulant” means a substance, microorganism, or mixture thereof, that, when applied to a seed, plant, the rhizosphere, soil, or other growth media, acts to support a plant’s natural nutrition processes independently of the biostimulant’s nutrient content and improves nutrient availability, uptake, or use efficiency, tolerance to abiotic stress, and consequent growth, development, quality, or yield.
   30.  “Plant inoculant” means a product consisting of microorganisms to be applied to the plant or soil for the purpose of enhancing the availability or uptake of plant nutrients through the root system.
   24.  31.  “Secretary” means the secretary of agriculture.
   25.  32.  The term “sell” “Sell” or “sale” includes exchange.
   26.  33.  A “soil conditioner” is “Soil amendment” means any substance which when added to the soil or applied to plants will produce a favorable growth, yield or quality of crop or soil flora or fauna or other soil characteristics, other than or a mixture of substances which is intended to improve the physical, chemical, biochemical, biological, or other characteristic of the soil, except a fertilizer, recognized pesticide agricultural liming material, unmanipulated animal and manure, unmanipulated vegetable manures or calcium and magnesium carbonate materials used primarily for correcting soil acidity manure, pesticide, or any other material exempted by regulation.
   34.  “Soil inoculant” means a microbial product that is applied to colonize the soil to benefit the soil chemistry, biology, or structure.
   35.  “Soil-amending ingredient” means any substance which when applied to soil will improve the physical, chemical, biochemical, biological, or other characteristics of the soil.
   36.  “Soil-amending ingredient form” means the chemical compound, such as salt, chelate, oxide, or acid, of an ingredient or the physical form of an ingredient.
   27.  37.  A “specialty fertilizer” is “Specialty fertilizer” means a commercial fertilizer distributed primarily for nonfarm use, such as home gardens, lawns, shrubbery, flowers, golf courses, municipal parks, cemeteries, greenhouses, and nurseries, and may include commercial fertilizers used for research or experimental purposes.
   28.  38.  The term “ton” “Ton” means a net weight of two thousand pounds avoirdupois.
   29.  39.  a.  The term “unmanipulated manures” “Unmanipulated manures” means any substances composed primarily of excreta, plant remains, or mixtures of such substances which have not been processed in any manner other than dewatering.
   b.  “Unmanipulated manures” includes unmanipulated animal manure or unmanipulated vegetable manure.
   30.  Words importing the singular number may extend and be applied to several persons or things, and words importing the plural number may include the singular.
    Sec. 4.  Section 200.4, Code 2025, is amended to read as follows:
   200.4  License —— fee and expiration —— mixture requirement.
   1.  Any person who manufactures, mixes, blends, mixes to customer’s order, offers for sale, sells, or distributes any fertilizer or soil conditioner beneficial substance in this state must first obtain a license issued by the secretary and pay a twenty dollar license fee for each place of manufacture or distribution from which fertilizer or soil conditioner beneficial substance products are sold or distributed in this state. The license shall expire on July 1 of the even-numbered year following the date the license is issued. A license may be renewed for a two-year period as provided by the department.
   2.  The licensee shall at all times produce an intimate and uniform mixture of fertilizers or soil conditioners beneficial substances. When two or more fertilizer materials are delivered in the same load, they shall be thoroughly and uniformly mixed unless they are in separate compartments.
    Sec. 5.  Section 200.5, Code 2025, is amended to read as follows:
   200.5  Registration.
   1.  Each brand and grade of commercial fertilizer and each soil conditioner beneficial substance shall be registered before being offered for sale, sold, or otherwise distributed in this state; except that a commercial fertilizer formulated according to special specifications furnished by a consumer to fill the consumer’s order shall not be required to be registered, but shall be labeled as provided in section 200.6, subsection 3 1, paragraph “c”. The application for registration shall be submitted to the secretary on forms furnished by the secretary and shall be accompanied by a label setting forth the guaranteed analysis which shall be the same as that appearing on the registered product.
   2.  All A registration will shall be permanent, provided, however, that the secretary may request a listing of products to be currently manufactured. The application shall include the following information in the following order:
   a.  Net weight, if sold in packaged form.
   b.  Name and address of the registrant.
   c.  Name of product.
   d.  Brand.
   e.  Grade, if the product contains a recognized plant food.
   f.  Guaranteed analysis.
   3.  In addition to the information required in subsection 2 of this section, applications an application for the registration of soil conditioners a beneficial substance must include the name or chemical designation and percentage of content of each of the active ingredients.  Each microbial organism ingredient must be identified with species and genus in colony-forming units per gram for a dry product or per milliliter for a liquid product. Another unit of quantity may be acceptable if an accurate and verifiable guarantee is presented.
   4.  The secretary is authorized, after public hearing, following due notice, to adopt rules under chapter 17A regulating the labeling and registration of specialty commercial fertilizers and other fertilizer products beneficial substances, when necessary in the secretary’s opinion. The secretary may require any reasonable information in addition to section 200.3, subsection 14 17, which is necessary and useful to the purchasers of specialty fertilizers commercial fertilizers and beneficial substances of this state and to promote uniformity among states.
   5.  The secretary is authorized after public hearing, following due notice, to establish adopt rules under chapter 17A establishing minimum acceptable levels of trace and secondary elements components recognized as effective to aid crops produced in Iowa this state and to require such warning statements as may be deemed necessary to prevent injury to crops or for user safety.
   6.  The secretary, whenever the secretary deems it necessary in the administration of this chapter, may require the submission of additional data about any article, including a fertilizer, beneficial substance, or other product regulated under this chapter to support the claims made for it. If it appears to the secretary that the composition of the article is such as to warrant the claims made for it, and if the article, its labeling and other material required to be submitted, comply with the requirements of this chapter, the secretary shall register the product.
   7.  If it does not appear to the secretary that the article is such as to warrant the proposed claims for it, or if the article and its labeling and other material required to be submitted does do not comply with the a provision of this chapter, the secretary shall notify the registrant of the manner in which the article, labeling, or other material required to be submitted fails to comply with this chapter so as to afford the registrant an opportunity to make the necessary corrections before resubmitting the label.
   8.  It shall be the responsibility of the registrant to submit satisfactory evidence of favorable effects and safety of the product.
   9.  The secretary shall establish minimum requirements for the registration of fertilizers and soil conditioners beneficial substances by efficacy testing or the substantiation of data relevant to Iowa this state’s crops and soils.
   10.  A distributor shall not be required to register any brand and grade of commercial fertilizer or beneficial substance which is already registered under this chapter by another person.
   11.  The advisory committee created in section 206.23 shall advise and assist the secretary on the registration of a product of commercial fertilizer or soil conditioner under the provisions of this chapter.
    Sec. 6.  Section 200.6, Code 2025, is amended to read as follows:
   200.6  Labeling.
   1.  a.  Any commercial fertilizer offered for sale or sold or distributed in this state in bags, or other containers, shall have placed on or affixed to the container in legibly written or printed form, the information required by section 200.5, subsection 2;, either on tags affixed to the end of the package or directly on the package.
   2.  b.  If distributed in bulk, the a shipment of commercial fertilizer must be accompanied by a written or printed statement giving the purchaser’s name and address in addition to the labeling requirement set forth in section 200.5, subsection 2.
   3.  c.  A commercial fertilizer formulated according to specifications which are furnished by a consumer prior to mixing shall be labeled to show the net weight, guaranteed analysis, and the name and address of the distributor and may show the net weight and guaranteed analysis of each of the fertilizer materials or soil conditioners used. It is the responsibility of the distributor to mix these materials uniformly and intimately so that when sampled in the prescribed manner the resulting analysis would meet the guarantee.
   4.  d.  All bulk bins or intermediate storage of bulk commercial fertilizer where being offered for sale or distributed direct to the consumer shall be labeled showing brand, name, and grade of product.
   5.  e.  All fertilizers distributed or stored in bulk, unless in the manufacturers authorized containers, shall be labeled as the responsibility of the possessor.
   6.  2.  Soil conditioners A beneficial substance shall be labeled in accordance with subsection 1 of this section and in addition shall show the name or chemical designation and content or the active ingredients.
    Sec. 7.  Section 200.8, Code 2025, is amended to read as follows:
   200.8  Inspection fees.
   1.  a.  There shall be paid by the licensee to the secretary for all any commercial fertilizers and soil conditioners fertilizer or beneficial substance sold, or distributed in this state, an inspection fee to be fixed annually by the secretary of agriculture at not more than twenty cents per ton. Sales The sale of a commercial fertilizer or beneficial substance for manufacturing purposes only are hereby is exempted from fees an inspection fee but must still be reported showing the manufacturer who purchased same it. Payment of said the inspection fee by any licensee shall exempt all other persons, firms, or corporations from the payment thereof.
   b.  On an individual packages package of specialty a commercial fertilizer or beneficial substance containing twenty-five pounds or less, there shall be paid by the manufacturer in lieu of the semiannual inspection fee as set forth in this chapter, an annual registration and inspection fee of one hundred dollars for each brand and grade sold or distributed in the state. In the event that any manufacturer sells specialty a commercial fertilizer or beneficial substance in packages a package of twenty-five pounds or less and also in packages a package of more than twenty-five pounds, this annual registration and inspection fee shall apply only to that portion sold in packages a package of twenty-five pounds or less, and that portion sold in packages a package of more than twenty-five pounds shall be subject to the same inspection fee as fixed by the secretary of agriculture as provided in this chapter.
   c.  Any person other than a manufacturer who annually offers for sale, sells, or distributes specialty fertilizer in the amount of four thousand pounds or more or applies specialty fertilizer for compensation shall pay an annual inspection fee of thirty dollars in lieu of the semiannual inspection fee as set forth in this chapter.
   2.  Every person who is a licensee and any person required to pay an annual registration and inspection fee under this chapter in this state shall do all of the following:
   a.  File not later than the last day of January and July of each year, on forms furnished by the secretary, a semiannual statement setting forth the number of net tons of commercial fertilizer or soil conditioners beneficial substance distributed in this state by grade for each county during the preceding six-month period; and upon. Upon filing such the semiannual statement, the person shall pay the inspection fee at the rate stated in subsection 1. However, in lieu of the semiannual statement by grade for each county, on individual packages of specialty fertilizer containing twenty-five pounds or less of commercial fertilizer, the registrant shall file not later than the last day of July of each year, on forms furnished by the secretary, an annual statement setting forth the number of net tons of specialty commercial fertilizer distributed in this state by grade during the preceding twelve-month period.
   b.  If the tonnage report is not filed or the payment of inspection fees, or both, is not made within ten days after the last day of January and July of each year as required in paragraph “a” of this subsection, a penalty amounting to ten percent of the amount due, if any, shall be assessed against the licensee. In any case, the penalty shall be no less than fifty dollars. The amount of fees due, if any, and penalty shall constitute a debt and become the basis of a judgment against the licensee.
   3.  If there is an unencumbered balance of funds from the amount of the fees deposited in the general fund pursuant to sections 200.9 and 201A.11 on June 30 of any fiscal year equal to or exceeding three hundred fifty thousand dollars, the secretary of agriculture shall reduce the per ton fee provided for in subsection 1 and the annual license fee established pursuant to section 201A.3 for the next fiscal year in such amount as will result in an ending estimated balance of such funds for June 30 of the next fiscal year of three hundred fifty thousand dollars.
   4.  3.  In addition to the fees imposed under subsection 1, a groundwater protection fee shall be imposed upon nitrogen-based fertilizer. The fee shall be based upon the percentage of actual nitrogen contained in the product. An eighty-two percent nitrogen solution shall be taxed at a rate of seventy-five cents per ton. Other nitrogen-based product formulations shall be taxed on the percentage of actual nitrogen contained in the formulations with the eighty-two percent nitrogen solution serving as the base. The fee shall be paid by each licensee registering to sell fertilizer to the secretary of agriculture. The fees collected shall be deposited in the agriculture management account of the groundwater protection fund. The secretary of agriculture shall adopt rules for the payment, filing, and collection of groundwater protection fees from licensees in conjunction with the collection of registration and inspection fees. The secretary shall, by rule, allow an exemption to the payment of this fee for fertilizers which contain trace amounts of nitrogen.
    Sec. 8.  Section 200.10, Code 2025, is amended to read as follows:
   200.10  Inspection, sampling, and analysis.
   1.  It shall be the duty of the secretary, who may act through an authorized agent, to sample, inspect, make analysis of, and test commercial fertilizers or soil conditioners beneficial substances distributed within this state at time and place and to such an extent as the secretary may deem necessary, to determine whether such commercial fertilizers and soil conditioners or beneficial substances are in compliance with the provisions of this chapter. In the performance of the foregoing duty, the secretary shall counsel may consult with the director of the Iowa agricultural experimental station in respect to the time, place, and extent of sampling. The secretary acting individually or through an agent is authorized to enter upon any public or private premises or conveyances during regular business hours in order to have access to a commercial fertilizers fertilizer or soil conditioners beneficial substance subject to the provisions of this chapter and the rules and regulations pertaining thereto including in rules adopted by the department under this chapter. It shall be the duty of the The secretary to shall maintain a laboratory with the necessary equipment and to employ such employees as may be necessary to aid assist in the administration and enforcement of this chapter.
   2.  a.  The methods of sampling and analysis shall be the official methods of the association of official agricultural chemists in all cases where methods have been adopted by the association.
   b.  The findings of the state chemist or the state chemist’s bureau chief of the Iowa laboratory bureau, or the bureau chief’s deputy, as shown by the sworn statement of the results of analysis of official samples of any brand and grade of commercial fertilizer, fertilizer material, or soil conditioner beneficial substance, shall constitute prima facie evidence of their its correctness in the courts of this state, as to the particular lots sampled and analyzed.
   3.  The secretary, in determining for administrative purposes whether any commercial fertilizer is deficient in plant food, or soil conditioner beneficial substance deficient in guaranteed active ingredients, shall be guided by the official sample as defined in section 200.3, subsection 18 23, and obtained and analyzed as provided for in subsection 2 of this section.
   4.  The results of official analysis of any commercial fertilizer or soil conditioner beneficial substance which has been found to be in violation of any provision of this chapter, shall be forwarded by the secretary to the registrant. Upon request, the secretary shall furnish to the registrant a portion of any sample.
    Sec. 9.  Section 200.11, Code 2025, is amended to read as follows:
   200.11  Filler material Item that is injurious or filler.
   It shall be unlawful for any person to A person shall not manufacture, offer for sale, or sell in this state, any commercial fertilizer, or soil conditioner beneficial substance containing any substance used as a filler item that is injurious to crop growth or deleterious to the soil, or to use in such commercial fertilizer, or soil conditioner beneficial substance as a filler any substance item that contains inert or useless plant food material for the purpose or with the effect of deceiving or defrauding the purchaser.
    Sec. 10.  Section 200.12, Code 2025, is amended to read as follows:
   200.12  False or misleading statements.
   A commercial fertilizer or soil conditioner beneficial substance is misbranded if it does not identify substances items promoting plant growth as defined in section 200.3, subsection 11, or if it carries any false or misleading statement upon or attached to the container or stated on the invoice or delivery ticket, or if the container or on the invoice or delivery ticket or in any advertising matter whatsoever connected with, accompanying, or associated with the commercial fertilizer or soil conditioner beneficial substance. Further, the burden of proof of the desirable effect of the product commercial fertilizer or beneficial substance on plant growth shall be the responsibility of the registrant.
    Sec. 11.  Section 200.14, Code 2025, is amended to read as follows:
   200.14  Rules.
   1.  a.  The department may adopt rules pursuant to chapter 17A providing minimum general safety standards for the design, construction, location, installation, and operation of equipment for storage, handling, transportation by tank truck or tank trailer, and utilization of fertilizers and soil conditioners a fertilizer or beneficial substance.
   b.  The rules shall be such as are reasonably necessary for the protection and safety of the public and persons using fertilizers or soil conditioners a fertilizer or beneficial substance, and shall be in substantial conformity with the generally accepted standards of safety.
   c.  Fertilizer and soil conditioner or beneficial substance equipment shall be installed and maintained in a safe operating condition and in conformity with rules adopted by the department.
   2.  The department may adopt such reasonable rules as may be necessary in order to carry into effect the purpose, and to secure the efficient administration, of this chapter.
   3.  This chapter does not prohibit the use of storage tanks smaller than transporting tanks nor the transfer of all kinds any kind of fertilizers fertilizer or soil conditioners beneficial substance directly from transporting tanks to implements of husbandry, if proper safety precautions are observed.
   4.  Rules adopted to implement this chapter are not subject to section 17A.7, subsection 2 or 3.
    Sec. 12.  Section 200.15, Code 2025, is amended to read as follows:
   200.15  Refusal to register or cancellation of registration and licenses.
   1.  Upon satisfactory evidence that the registrant or licensee has used fraudulent or deceptive practices or has willfully violated any provisions of this chapter or any rules and regulations promulgated adopted under this chapter, the secretary is authorized and empowered to do any of the following: 
   a.  Cancel the registration of any product of commercial fertilizer or soil conditioner beneficial substance or license. 
   b.  Refuse to register any product of commercial fertilizer or soil conditioner beneficial substance. 
   c.  Refuse to license any applicant.
   2.  However, a A registration or license shall not be revoked or refused until the registrant or licensee has been given the opportunity to appear for a hearing by the secretary.
    Sec. 13.  Section 200.16, Code 2025, is amended to read as follows:
   200.16  “Stop sale” orders.
   The secretary may issue and enforce a written or printed “stop sale, use or removal” order to the owner or custodian of any lot of commercial fertilizer or soil conditioner beneficial substance, if the secretary finds the commercial fertilizer or soil conditioner beneficial substance is being offered or exposed for sale in violation of any of the provisions of this chapter or including any of the rules and regulations promulgated rule adopted under this chapter. The secretary may hold the commercial fertilizer or soil conditioner beneficial substance at a designated place until the law has been complied with and the commercial fertilizer or soil conditioner beneficial substance is released in writing by the secretary, or the violation has been otherwise legally disposed of by written authority, and all costs and expenses incurred in connection with the withdrawal have been paid.
    Sec. 14.  Section 200.17, Code 2025, is amended to read as follows:
   200.17  Seizure, condemnation, and sale.
   Any lot of commercial fertilizer or soil conditioner beneficial substance not in compliance with the provisions of this chapter shall be subject to seizure on complaint of the secretary to a court of competent jurisdiction in the county or adjoining county in which the commercial fertilizer or soil conditioner beneficial substance is located. In the event the court finds the commercial fertilizer or soil conditioner beneficial substance to be in violation of this chapter and orders or an order for the condemnation of the commercial fertilizer or soil conditioner beneficial substance, it the commercial fertilizer or beneficial substance shall be disposed of in any manner consistent with the quality of the commercial fertilizer or soil conditioner beneficial substance and the laws of the state. However, in no instance shall the disposition of the commercial fertilizer or soil conditioner beneficial substance shall not be ordered by the court without first giving the claimant an opportunity to apply to the court for release of the commercial fertilizer or soil conditioner beneficial substance or for permission to reprocess or relabel the commercial fertilizer or soil conditioner beneficial substance to bring it into compliance with this chapter.
    Sec. 15.  Section 200.18, subsection 1, Code 2025, is amended to read as follows:
   1.  If it shall appear from the examination of any commercial fertilizer or soil conditioner beneficial substance or any anhydrous ammonia installation, equipment, or operation that any of the provisions a provision of this chapter or the rules and regulations issued, including any rule adopted under this chapter, have been violated, the secretary shall cause notice of the violations to be given to the registrant, distributor, or possessor from whom said sample was taken; any. The person so notified shall be given opportunity to be heard under such rules and regulations as may be prescribed by the secretary. If it appears after such hearing, either in the presence or absence of the person so notified, that any of the provisions provision of this chapter or rules and regulations issued, including a rule adopted under this chapter have, has been violated, the secretary may certify the facts to the proper prosecuting attorney.
    Sec. 16.  Section 200.19, Code 2025, is amended to read as follows:
   200.19  Exchanges between manufacturers.
   Nothing in this chapter shall be construed to restrict or avoid sales or exchanges of commercial fertilizers or soil conditioners beneficial substances to each other by importers, manufacturers, or manipulators who mix fertilizer materials for sale or as preventing the free and unrestricted shipments of commercial fertilizer or soil conditioner to manufacturers or manipulators who have registered their brands as required by the provisions of this chapter.
    Sec. 17.  Section 200.20, subsection 2, Code 2025, is amended to read as follows:
   2.  Subsection 1 shall does not apply to any of the following:
   a.  A specialty fertilizer.
   b.  A fertilizer designed to be applied and ordinarily applied directly to growing plant foliage to stimulate further growth.
   c.  Compost materials to be applied on land, if any of the following apply:
   (1)  The land is being used to produce an agricultural commodity that is an organic agricultural product as provided in chapter 190C, including rules adopted by the department under that chapter.
   (2)  The land is in the transition of being used to produce an agricultural commodity that is an organic agricultural product, pursuant to rules adopted by the department as provided in chapter 190C.
    Sec. 18.  Section 200.22, subsection 2, Code 2025, is amended to read as follows:
   2.  The provisions of this chapter and rules adopted by the department pursuant to this chapter shall preempt local legislation adopted by a local governmental entity relating to the use, sale, distribution, storage, transportation, disposal, formulation, labeling, registration, or manufacture of a fertilizer or soil conditioner beneficial substance. A local governmental entity shall not adopt or continue in effect local legislation relating to the use, sale, distribution, storage, transportation, disposal, formulation, labeling, registration, or manufacture of a fertilizer or soil conditioner beneficial substance, regardless of whether a statute or rule adopted by the department applies to preempt the local legislation. Local legislation in violation of this section is void and unenforceable.
    Sec. 19.  Section 200A.2, Code 2025, is amended to read as follows:
   200A.2  Purpose.
   The purpose of this chapter is to regulate certain bulk dry animal manure for use as a fertilizer or soil conditioner beneficial substance, which is unmanipulated and therefore not subject to regulation under chapter 200.
    Sec. 20.  Section 202.1, subsection 12, Code 2025, is amended to read as follows:
   12.  “Produce” means to do any of the following:
   a.  Provide feed or services relating to as part of the livestock’s care and feeding of livestock. If the livestock is dairy cattle, “produce” includes milking the dairy cattle and storing raw milk at the contract producer’s contract livestock facility.
   b.  Provide for planting, raising, harvesting, and storing a crop. “Produce” includes preparing the soil for planting and nurturing the crop by the application of fertilizers a fertilizer or soil conditioners beneficial substance as defined in section 200.3 or pesticides a pesticide as defined in section 206.2.
    Sec. 21.  Section 206.12, subsection 1, paragraph a, Code 2025, is amended to read as follows:
   a.  For the purpose of this chapter, fertilizers a fertilizer in a mixed fertilizer-pesticide formulations formulation or a beneficial substance in a beneficial substance-pesticide formulation shall be considered as an inert ingredients ingredient.
    Sec. 22.  Section 321.1, subsection 1, Code 2025, is amended to read as follows:
   1.  a.  “Agricultural hazardous material” means a hazardous material, other than hazardous waste, whose end use directly supports the production of an agricultural commodity, including, but not limited to, a fertilizer, pesticide, soil conditioner beneficial substance, or fuel.
   b.  “Agricultural hazardous material” is limited to material in class 3, 8, or 9, division 2.1, 2.2, 5.1, or 6.1, or an ORM-D material as defined in 49 C.F.R. §171.8.
    Sec. 23.  Section 403.17, subsection 3, Code 2025, is amended to read as follows:
   3.  a.  “Agricultural land” means real property owned by a person in tracts of ten acres or more and not laid off into lots of less than ten acres or divided by streets and alleys into parcels of less than ten acres, and that has been used for the production of agricultural commodities during three out of the past five years. Such use of property includes, but is not limited to, the raising, harvesting, handling, drying, or storage of crops used for feed, food, seed, or fiber; the care or feeding of livestock; the handling or transportation of crops or livestock; the storage, treatment, or disposal of livestock manure; and the application of fertilizers, soil conditioners beneficial substances, pesticides, and herbicides on crops. Agricultural land
   b.  “Agricultural land” includes land on which is located farm residences or outbuildings used for agricultural purposes and land on which is located facilities, structures, or equipment for agricultural purposes. Agricultural land
   c.  “Agricultural land” includes land taken out of agricultural production for purposes of environmental protection or preservation.
    Sec. 24.  Section 455B.411, subsection 3, paragraph b, subparagraph (1), Code 2025, is amended to read as follows:
   (1)  Agricultural wastes, including manures and crop residues that are returned to the soil as fertilizers or soil conditioners beneficial substances.
    Sec. 25.  Section 455E.11, subsection 2, paragraph b, unnumbered paragraph 1, Code 2025, is amended to read as follows:
   An agriculture management account. Moneys collected from the groundwater protection fee levied pursuant to section 200.8, subsection 4 3, the portion of the fees collected pursuant to section 206.8, subsection 2, and section 206.12, subsection 3, and other moneys designated for the purpose of agriculture management shall be deposited in the agriculture management account. The agriculture management account shall be used for the following purposes:
    Sec. 26.  Section 579B.1, subsection 14, paragraph b, Code 2025, is amended to read as follows:
   b.  Provide for planting, raising, harvesting, and storing a crop. “Produce” includes preparing the soil for planting and nurturing the crop by the application of fertilizers a fertilizer or soil conditioners beneficial substance as defined in section 200.3 or pesticides a pesticide as defined in section 206.2.
    Sec. 27.  Section 716.11, subsection 2, Code 2025, is amended to read as follows:
   2.  a.  “Critical infrastructure sabotage” means an unauthorized and overt act intended to cause and having the means to cause, and in substantial furtherance of causing, a substantial and widespread interruption or impairment of a fundamental service rendered by the critical infrastructure. However, “critical infrastructure sabotage”
   b.  “Critical infrastructure sabotage” does not include an accidental interruption or impairment of service to the critical infrastructure caused by a person in the performance of the person’s work duties or caused by a person’s lawful activity. In addition, “critical infrastructure sabotage” does not include any condition or activity related to the production of farm products as defined in section 554.9102, including but not limited to the discharge of agricultural stormwater; the construction or use of soil or water quality conservation practices or structures; the preparation of agricultural land and the raising, harvesting, drying, or storage of agricultural crops; the application of a fertilizer or beneficial substance as defined in section 200.3, pesticides a pesticide as defined in section 206.2, or manure as defined in section 459.102; the installation and use of agricultural drainage tile and systems; the construction, operation, or management of an animal feeding operation as defined in section 459.102; and the care, feeding, or watering of livestock.

PART B
APPLICATION OF PESTICIDES —— CERTIFICATION

    Sec. 28.  Section 206.5, subsection 7, paragraph b, subparagraph (1), Code 2025, is amended to read as follows:
   (1)  The department shall may adopt by rule criteria for allowing a person required to be certified to complete either a written or oral examination.
DIVISION II
ANIMAL HEALTH

PART A
CONTROL OF INFECTIOUS OR CONTAGIOUS DISEASES AFFLICTING ANIMALS
    Sec. 29.  Section 163.1, subsection 1, Code 2025, is amended by striking the subsection.
    Sec. 30.  Section 163.1, subsection 3, Code 2025, is amended to read as follows:
   3.  Determine and employ the most efficient and practical means for the identification and control of an infectious or contagious disease afflicting animals that may threaten or actually threatens animals in this state.
    Sec. 31.  NEW SECTION.  163.2B  Rules.
   1.  The department shall adopt rules pursuant to chapter 17A to administer and enforce this chapter.
   2.  If the department determines that rules described in subsection 1 are required to be adopted and take effect on an emergency basis to prevent or control the outbreak of an infectious or contagious disease afflicting animals, the department may adopt emergency rules under section 17A.4, subsection 3, and section 17A.5, subsection 2, paragraph “b”, to administer and enforce this chapter. The rules shall be effective immediately upon filing unless a later date is specified in the rules. Any rules adopted in accordance with this subsection shall also be published as a notice of intended action as provided in section 17A.4.
    Sec. 32.  CODE EDITOR DIRECTIVE.
   1.  The Code editor is directed to make the following transfers:
   a.  Section 163.2A to section 163.3.
   b.  Section 163.2B to section 163.2A.
   2.  The Code editor shall correct internal references in the Code and in any enacted legislation as necessary due to the enactment of this section.
    Sec. 33.  DIRECTIONS TO CODE EDITOR.  The Code editor is directed to arrange the provisions of chapter 163, subchapter I, parts 1 and 2, as amended or enacted in this division of this Act, into the following parts:
   1.  Part 1, including sections 163.1 through 163.2A.
   2.  Part 2, including sections 163.3 through 163.5.

PART B
PRACTICE OF VETERINARY MEDICINE
    Sec. 34.  Section 169.5, subsection 9, Code 2025, is amended to read as follows:
   9.  A person who provides veterinary medical services, owns a veterinary clinic, or practices in this state shall obtain a certificate from the board and be subject to the same standards of conduct, as provided in this chapter and rules adopted by the board, as apply to a licensed veterinarian, unless the board determines that the same standards of conduct are inapplicable. The board shall issue, renew, or deny a certificate; adopt rules relating to the standards of conduct; and take disciplinary action against the person, including suspension or revocation of a certificate, in accordance with the procedures established in section 169.14. Certification fees shall be established by the board pursuant to subsection 7, paragraph “j”. Fees Certification fees shall be established in an amount sufficient to fully offset the costs of certification pursuant to this subsection. For the fiscal year beginning July 1, 2001, and ending June 30, 2002, the department shall retain fees collected to administer the program of certifying veterinary clinics and the fees retained are appropriated to the department for the purposes of this subsection. For the fiscal year beginning July 1, 2001, and ending June 30, 2002, notwithstanding section 8.33, fees which remain unexpended at the end of the fiscal year shall not revert to the general fund of the state but shall be available for use for the following fiscal year to administer the program. For the fiscal year beginning July 1, 2002, and succeeding fiscal years, certification Certification fees shall be deposited in the general fund of the state and are appropriated to the department to administer the certification provisions of this subsection. This subsection shall not apply to an animal shelter, as defined in section 162.2, that provides veterinary medical services to animals in the custody of the shelter.
    Sec. 35.  Section 169.13, Code 2025, is amended to read as follows:
   169.13  Discipline of licensees.
   1.  The board of veterinary medicine, after due notice and hearing, may revoke or suspend a license to practice veterinary medicine take disciplinary action against a licensee if it determines that a veterinarian licensed to practice veterinary medicine is guilty of violating any of the following acts or offenses: grounds for discipline in this section.
   2.  The board is authorized to discipline licensees in any of the following ways:
   a.  Impose a civil penalty against the licensee in an amount not to exceed ten thousand dollars. If the board imposes a civil penalty, all of the following apply:
   (1)  The collection of the civil penalty may be enforced in a civil action brought by the attorney general on behalf of the board.
   (2)  Moneys collected in civil penalties shall be deposited in the general fund of the state.
   b.  Revoke or suspend a license to practice veterinary medicine.
   3.  Any of the following actions or offenses constitutes grounds for discipline:
   a.  Knowingly making a misleading, deceptive, untrue, or fraudulent representation in the practice of the profession.
   b.  Being convicted of a felony in the courts a court of this state or another state, territory, or country. Conviction as used in this paragraph includes a conviction of an offense which if committed in this state would be deemed a felony without regard to its designation elsewhere, or a criminal proceeding in which a finding or verdict of guilt is made or returned, but the adjudication or guilt is either withheld or not entered. A certified copy of the final order or judgment of conviction or plea of guilty in this state or in another state is conclusive evidence.
   c.  Violating a statute or law of this state, another state, or the United States, without regard to its designation as either felony or misdemeanor, which if the statute or law relates to the practice of veterinary medicine.
   d.  Having the person’s license to practice veterinary medicine revoked or suspended, or having other disciplinary action taken by a licensing authority of another state, territory, or country. A certified copy of the record or order of the suspension, revocation, or disciplinary action is conclusive or prima facie evidence.
   e.  Knowingly aiding, assisting, procuring, or advising a person to unlawfully practice veterinary medicine.
   f.  Being adjudged mentally incompetent by a court of competent jurisdiction. The adjudication shall automatically suspend a license for the duration of the license unless the board orders otherwise.
   g.  Being guilty of a willful or repeated departure from, or the a failure to conform to, the minimal standard of acceptable and prevailing practice of veterinary medicine as defined in rules adopted by the board, in which proceeding actual injury to an animal need not be established; or the committing by a veterinarian of an act contrary to honesty, justice, or good morals, whether the act is committed in the course of the practice or otherwise, and whether committed within or without this state.
   h.  Inability Demonstrating an inability to practice veterinary medicine with reasonable skill and safety by reason of illness, drunkenness, excessive use of drugs, narcotics, chemicals, or other type of material or as a result of a mental or physical condition.
   i.  Willful Having willfully or repeated violation of repeatedly violated lawful rules adopted by the board or violation of a lawful order of the board, previously entered by the board in a disciplinary hearing.
   2.  4.  a.  The board, upon probable cause, may compel a veterinarian to submit to a mental or physical examination by designated physicians. Failure of a veterinarian to submit to an examination constitutes an admission to the allegations made against that veterinarian and the finding of fact and decision of the board may be entered without the taking of testimony or presentation of evidence. At reasonable intervals, a veterinarian shall be afforded an opportunity to demonstrate that the veterinarian can resume the competent practice of veterinary medicine with reasonable skill and safety to animals.
   b.  A person licensed to practice veterinary medicine who makes application applies for the renewal of the person’s license as required by section 169.12 gives consent to submit to a mental or physical examination as provided by this paragraph when directed in writing by the board. All objections shall be waived as to the admissibility of the examining physician’s testimony or examination reports on the grounds that they constitute privileged communication. The medical testimony or examination reports shall not be used against a veterinarian in another proceeding and are confidential except for other actions filed against a veterinarian to revoke or suspend that person’s license.

PART C
COURT-ORDERED MANAGEMENT OF LIVESTOCK IN IMMEDIATE NEED OF SUSTENANCE
    Sec. 36.  Section 717.4A, Code 2025, is amended to read as follows:
   717.4A  Livestock in immediate need of sustenance —— livestock remediation fund.
   The department may utilize the moneys deposited into the livestock remediation fund pursuant to section 459.501 to pay for any expenses associated with providing sustenance to or the disposition of the livestock pursuant to a court order entered pursuant to section 717.3 or 717.5. The department shall utilize moneys from the fund only to the extent that the department determines that expenses cannot be timely paid by utilizing the available provisions of sections 717.4 and 717.5. The department shall deposit any unexpended and unobligated moneys in the fund. The department shall pay to the fund the proceeds from the disposition of the livestock and associated products less expenses incurred by the department in providing for the sustenance and disposition of the livestock, as provided in section 717.5 If there are proceeds remaining after the disposition of the livestock or associated products and satisfaction of the department’s expenses, and the department has utilized moneys from the livestock remediation fund, the department shall repay the fund from the proceeds.
    Sec. 37.  Section 717.5, subsection 1, Code 2025, is amended by adding the following new paragraph:
   NEW PARAGRAPH.  d.  If the court orders the disposition of the livestock that involves the livestock’s sale or transfer, the order shall be deemed as occurring by a receiver appointed pursuant to section 680.4.
    Sec. 38.  Section 717.5, subsection 3, Code 2025, is amended by adding the following new paragraph:
   NEW PARAGRAPH.  d.  If any moneys remain after satisfying the costs of the local authority or department, such moneys shall be distributed pursuant to the process and priorities contained in chapter 680.
DIVISION III
AGRICULTURAL PROCESSING

    Sec. 39.  NEW SECTION.  189A.1A  Objective.
   1.  It is the objective of this chapter to provide for meat and poultry products inspection programs that will impose and enforce requirements with respect to intrastate operations and commerce that are at least equal to those imposed and enforced under the federal Meat Inspection Act and the federal Poultry Products Inspection Act with respect to operations and transactions in interstate commerce.
   2.  The secretary is directed to administer this chapter so as to accomplish this objective. The bureau chief of the meat and poultry inspection bureau shall be designated as the secretary’s delegate to be the appropriate state official to cooperate with the secretary of agriculture of the United States in administration of this chapter.
    Sec. 40.  Section 189A.2, Code 2025, is amended by adding the following new subsections:
   NEW SUBSECTION.  5A.  “Department” means the department of agriculture and land stewardship.
   NEW SUBSECTION.  29A.  “Secretary” means the secretary of agriculture.
    Sec. 41.  Section 189A.3, Code 2025, is amended to read as follows:
   189A.3  License —— fee.
   1.  a.  A person shall not operate an establishment without first obtaining a license from the department.
   b.  Paragraph “a” does not apply to any of the following:
   (1)  A food establishment as defined in section 137F.1.
   (2)  A home food processing establishment as defined in section 137D.1.
   (2)  (3)  A person who slaughters, processes, or prepares livestock or poultry of the person’s own raising, exclusively for the person’s household, nonpaying guests, or nonpaying employees.
   2.  a.  The license fee for each establishment per year or any part of a year shall be as follows:
   a.  (1)  For all meat and poultry slaughtered or otherwise prepared not exceeding twenty thousand pounds per year for sale, resale, or custom, twenty-five fifty dollars.
   b.  (2)  For all meat and poultry slaughtered or otherwise prepared in excess of twenty thousand pounds per year for sale, resale, or custom, fifty one hundred dollars.
   b.  A license fee collected by the department shall be retained by the department as appropriated receipts for administration of this chapter.
   3.  a.  The moneys shall be deposited with the department. The A license year shall be from July 1 to June 30 shall expire on July 1 of each odd-numbered year. Applications 
   b.  An application for licenses a license shall be in writing on forms a form prescribed by the department.
   4.  It is the objective of this chapter to provide for meat and poultry products inspection programs that will impose and enforce requirements with respect to intrastate operations and commerce that are at least equal to those imposed and enforced under the federal Meat Inspection Act and the federal Poultry Products Inspection Act with respect to operations and transactions in interstate commerce; and the secretary is directed to administer this chapter so as to accomplish this purpose. A director of the meat and poultry inspection service shall be designated as the secretary’s delegate to be the appropriate state official to cooperate with the secretary of agriculture of the United States in administration of this chapter.
    Sec. 42.  Section 189A.4, subsection 1, unnumbered paragraph 1, Code 2025, is amended to read as follows:
   In order to accomplish the objectives objective of this chapter, the secretary may exempt the following types of operations from inspection:
    Sec. 43.  Section 189A.5, subsection 2, unnumbered paragraph 1, Code 2025, is amended to read as follows:
   In order to accomplish the objectives objective stated in section 189A.3 189A.1A, the secretary shall do any of the following:
    Sec. 44.  Section 189A.7, unnumbered paragraph 1, Code 2025, is amended to read as follows:
   In order to accomplish the objective stated in section 189A.3 189A.1A, the secretary may do any of the following:
EXPLANATION
The inclusion of this explanation does not constitute agreement with
the explanation’s substance by the members of the general assembly.
   GENERAL. This bill provides for the administration of a number of programs and regulations relating to agriculture, including crop production, and specifically the application of soil inputs such as fertilizers and soil conditioners (Code chapters 200 and 200A) and pesticides (Code chapter 206); animal health, and specifically the control of infectious or contagious diseases afflicting animals (Code chapter 163), the practice of veterinary medicine (Code chapter 169), and the court-ordered management of livestock in immediate need of sustenance (Code chapter 717); and agricultural processing, and specifically the slaughter and processing of meat and poultry products (Code chapter 189A).
   CROP PRODUCTION —— APPLICATION OF NUTRIENTS —— BACKGROUND.  The department of agriculture and land stewardship (DALS) regulates the composition of soil inputs, including nutrients such as fertilizers which are manufactured to achieve optimum plant growth under the Iowa fertilizer law (Code section 200.1), which includes a number of definitions (Code section 200.3). DALS also regulates fertilizing material which is a substance used to compound a fertilizer, and a commercial fertilizer which refers to a fertilizer, fertilizing material, and a fertilizer-pesticide mixture. A secondary input is referred to as a soil conditioner which is a substance other than a fertilizer that improves the condition or structure of the soil and is also used to improve plant growth. DALS licenses persons who manufacture, offer for sale, sell, or distribute a fertilizer or soil conditioner. The person is also subject to a license fee (Code section 200.4). Each brand or grade of commercial fertilizer or soil conditioner must be registered with DALS (Code section 200.5). A fertilizer or soil conditioner is subject to label requirements (Code section 200.6). DALS imposes an inspection fee upon a licensee (Code section 200.8). DALS must sample, inspect, make analysis of, and test a commercial fertilizer or soil conditioner distributed within the state (Code section 200.10). A person is prohibited from manufacturing, offering for sale, or selling a commercial fertilizer or soil conditioner that is injurious to crop growth or deleterious to the soil (Code section 200.11). A person selling a commercial fertilizer or soil conditioner must identify substances promoting its use in a manner that is not deceptive (Code section 200.12). DALS must adopt rules regulating equipment used in storing, handling, and transporting fertilizers and soil conditioners (Code section 200.14). DALS is authorized to take administrative action against a licensee or registrant acting in violation of the law, including by canceling the license or registration (Code section 200.15), issuing a stop order (Code section 200.16), or seizing a commercial fertilizer or soil conditioner (Code section 200.17). A county, city, or other political subdivision is prohibited from passing or enforcing local legislation that regulates the use, sale, distribution, storage, transportation, disposal, formulation, labeling, registration, or manufacture of a fertilizer or soil conditioner (Code section 200.22). A person registering a pesticide must account for formulations of a fertilizer (Code section 206.12). A number of Code sections include a reference to soil conditioners: the definition of agricultural land for purposes of eminent domain (Code section 6A.21) and urban renewal (Code section 403.17) each include such a reference. A transportation regulation involving hazardous materials includes soil conditioners (Code section 321.1). A commodity production contract lien (Code section 579B.1) covers the use of a soil conditioner. An exception to the criminal offense of critical infrastructure sabotage includes the use of a soil conditioner (Code section 716.11).
   CROP PRODUCTION —— APPLICATION OF NUTRIENTS —— BILL. The bill replaces the term “soil conditioner” with “beneficial substance”, which is defined as a substance or compound that is beneficial to one or more species of plants, soil, or media. “Beneficial substance” includes a plant amendment, plant biostimulant, plant inoculant, soil-amending ingredient, soil-amending ingredient form, soil amendment, soil inoculant, and compost. The bill changes references to the state chemist to the bureau chief of the Iowa laboratory bureau (Code sections 190C.22 and 200.10).
   APPLICATION OF PESTICIDES —— CERTIFICATION —— BACKGROUND.  DALS is responsible for the administration and enforcement of the “Pesticide Act of Iowa” (Code chapter 206), which in part regulates the use of a pesticide by a commercial applicator, public applicator, or private applicator (Code section 206.2). Generally, a person acting as a commercial applicator or public applicator must be certified to apply any pesticide, and a person acting as a commercial applicator, public applicator, or private applicator (e.g., a farmer) must be certified to apply a restricted use pesticide (Code section 206.5). The designation “restricted use” is determined by DALS (Code section 206.20) and is generally based on a pesticide so classified by the United States environmental protection agency (40 C.F.R. §152.160 et seq.). DALS is required to administer an educational program in cooperation with the Iowa cooperative extension service in agriculture and home economics of Iowa state university of science and technology. In order to be certified, a person must participate in the educational program by passing an examination for an initial certification and pass an examination or attend instructional hours every three years for the renewal of the certification (Code section 206.5).
   APPLICATION OF PESTICIDES —— CERTIFICATION —— BILL. The bill removes a requirement that DALS adopt by rule criteria allowing a person required to be certified to complete either a written or oral examination. The bill provides that DALS has discretion to adopt such rules.
   ANIMAL HEALTH —— CONTROL OF INFECTIOUS OR CONTAGIOUS DISEASES AFFLICTING ANIMALS —— BACKGROUND. DALS is granted authority to provide for the health of animals and specifically the control of an infectious or contagious disease (disease) afflicting livestock populations (Code chapter 163). The term “control” refers to prevention, suppression, or eradication efforts (Code section 163.2).
   ANIMAL HEALTH —— CONTROL OF INFECTIOUS OR CONTAGIOUS DISEASES AFFLICTING ANIMALS —— BILL. The bill provides that DALS may determine and employ the most efficient and practical means to identify and control a possible, imminent, or actual threat to an animal population caused by a disease.
   The bill provides that DALS may adopt any necessary rules for the control of an infectious disease affecting animals within the state by emergency rulemaking. When a statute authorizes emergency rulemaking, an agency may adopt a rule immediately without going through the periods of the rulemaking process known as regulatory analysis (Code section 17A.4A) and notice of intended action (Code section 17A.4(3)). The bill requires that such emergency rulemaking be “double barreled”. Under the process known as double-barreled rulemaking, when an agency files an emergency rule, it also files the same rule as a notice of intended action that will follow the regular rulemaking process. Normally, a rule cannot be effective prior to 35 days after its filing with the administrative rules coordinator and publication in the Iowa administrative bulletin. Under emergency rulemaking, a rule can be made effective on the date of filing and acceptance by the administrative rules coordinator or any subsequent date, as specified by the agency in the filing (Code section 17A.5(2)(b)(1)).
   ANIMAL HEALTH —— PRACTICE OF VETERINARY MEDICINE —— BACKGROUND. Veterinarians are regulated by the board of veterinary medicine (veterinary board) which is responsible for licensing and imposing disciplinary action, including the suspension or revocation of a license for cause following a notice and hearing before the veterinary board. The basis for disciplinary action includes making a false representation, being convicted of a felony in Iowa or another jurisdiction, violating a statute or law of Iowa or another jurisdiction, being subject to disciplinary action in another state, assisting in the unlawful practice of veterinary medicine, being adjudged as mentally incompetent, failing to conform with an acceptable practice of veterinary medicine, and being unable to practice veterinary medicine with reasonable skill and safety (amended Code section 169.13).
   ANIMAL HEALTH —— PRACTICE OF VETERINARY MEDICINE —— BILL.  The bill provides that, in addition to imposing disciplinary action, the veterinary board may assess a civil penalty. The amount of the civil penalty cannot exceed $10,000 per violation. The attorney general may initiate a claim to collect a civil penalty and any amount collected must be deposited in the general fund of the state.
   ANIMAL HEALTH —— COURT-ORDERED MANAGEMENT OF LIVESTOCK IN IMMEDIATE NEED OF SUSTENANCE —— BACKGROUND. DALS is granted the authority to petition a court to conduct a hearing regarding the condition of livestock. If the court determines that the livestock are in immediate need of sustenance, it must issue an order directing DALS to assume supervision of the livestock (Code section 717.3). The order creates a super-priority lien attached to the livestock, proceeds from the sale of livestock, and any associated unmanufactured products, for the benefit of DALS. DALS may also petition a court to order the disposition of the specified livestock. The proceeds from the sale of the livestock are to be used to reimburse DALS according to the lien’s super-priority status. DALS may also utilize moneys deposited in the livestock remediation fund (remediation fund) (Code section 459.501) to pay for costs of providing for sustenance to livestock as provided in the court order (Code section 717.4A).
   ANIMAL HEALTH —— COURT-ORDERED MANAGEMENT OF LIVESTOCK IN IMMEDIATE NEED OF SUSTENANCE —— BILL. The bill rewrites a provision requiring DALS to repay the remediation fund any proceeds that DALS receives from the disposition of the livestock less expenses in providing for the sustenance and disposition. The bill provides that if the court orders the disposition of the livestock, the order shall be deemed as acting in response to a petition by a receiver appointed by a court in Code chapter 680.
   AGRICULTURAL PROCESSING —— SLAUGHTER AND PROCESSING OF MEAT AND POULTRY PRODUCTS —— LICENSURE —— BILL. The bill provides that a home food processing establishment licensed by the department of inspections, appeals, and licensing is exempt from DALS licensing requirements (Code chapter 137D). A home food processing establishment refers to a residence in which homemade food items are produced for sale, if consumption is off premises and its business has gross annual sales of less than $50,000 (Code section 137D.1). The bill also provides that the term of a license issued by DALS to a slaughter and processing establishment is extended to a two-year period (from July 1, 2025, to June 30, 2027). The licensee fee is doubled from $25 to $50 and from $50 to $100 to reflect the license’s biennial term. DALS is required to prorate the license fee for a new establishment. The bill makes various changes in terminology to improve readability.