Senate Study Bill 3123 - Introduced SENATE FILE _____ BY (PROPOSED COMMITTEE ON AGRICULTURE BILL BY CHAIRPERSON DRISCOLL) A BILL FOR An Act relating to agriculture, including by providing for 1 the powers and duties of the department of agriculture and 2 land stewardship, including the promotion and regulation 3 of commodities and products, the regulation of the 4 transportation of agricultural commodities, and the use 5 of agricultural land, making penalties applicable, and 6 including effective date provisions. 7 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 8 TLSB 6601XC (3) 91 da/js

S.F. _____ DIVISION I 1 DEPARTMENT OF AGRICULTURE AND LAND STEWARDSHIP —— PROMOTION —— 2 RENEWABLE FUEL INFRASTRUCTURE 3 Section 1. Section 159A.16, subsection 3, paragraphs a, b, 4 and c, Code 2026, are amended to read as follows: 5 a. For each fiscal year, not more than one million 6 seven hundred fifty thousand dollars shall be allocated to 7 support the renewable fuel infrastructure program for retail 8 motor fuel sites as provided in section 159A.14 to finance 9 the installation, replacement, or conversion of biodiesel 10 infrastructure as provided in that section. 11 b. a. For each fiscal year, not more than one hundred 12 fifty thousand dollars shall be allocated to the department to 13 support the administration of the programs. 14 c. b. For each fiscal year, the department may use up to 15 three-quarters of one percent of the program funds to market 16 the programs. Otherwise the moneys shall not be transferred, 17 used, obligated, appropriated, or otherwise encumbered except 18 to allocate as financial incentives under the programs. 19 DIVISION II 20 DEPARTMENT OF AGRICULTURE AND LAND STEWARDSHIP —— PROMOTION 21 PART A 22 GENERAL 23 Sec. 2. Section 23A.2, subsection 8, Code 2026, is amended 24 by adding the following new paragraph: 25 NEW PARAGRAPH . p. An activity carried out by the department 26 of agriculture and land stewardship to promote the marketing 27 of Iowa commodities and products, including as provided in 28 chapters 159 and 187. 29 Sec. 3. Section 187.201, subsection 3, Code 2026, is amended 30 to read as follows: 31 3. Moneys in the fund are appropriated to the department and 32 shall be used exclusively to administer the programs created 33 in this subchapter chapter as determined and directed by the 34 department, and shall not require further special authorization 35 -1- LSB 6601XC (3) 91 da/js 1/ 23

S.F. _____ by the general assembly. 1 PART B 2 CHOOSE IOWA PROMOTION PROGRAMS 3 Sec. 4. Section 187.301, Code 2026, is amended by adding the 4 following new subsection: 5 NEW SUBSECTION . 1A. The department shall enroll a person as 6 a choose Iowa member who is any of the following: 7 a. Actively participating in the program by producing, 8 processing, or marketing Iowa agricultural products originating 9 as commodities produced on Iowa farms. 10 b. Otherwise supporting the program as required by the 11 department. 12 Sec. 5. Section 187.301, subsection 2, Code 2026, is amended 13 by adding the following new paragraph: 14 NEW PARAGRAPH . c. The department may adopt rules providing 15 for choose Iowa membership criteria. 16 Sec. 6. Section 187.303, subsections 1 and 2, Code 2026, are 17 amended to read as follows: 18 1. A person may apply to the department to participate 19 enroll as a member in the choose Iowa promotional program 20 according to procedures established by rules adopted by the 21 department. The department shall evaluate and approve or 22 disapprove applications an application based on criteria 23 established by rules adopted by the department. The department 24 may disapprove an application if the department determines the 25 applicant’s use of the choose Iowa logo would be associated 26 with the consumption of an adulterated or illegal food item. 27 2. The department may enter into a licensing agreement with 28 a person participating enrolled as a member in the program. 29 The participating person A member may use the choose Iowa logo 30 to advertise a food item product originating as an agricultural 31 commodity produced on an Iowa farm, subject to terms and 32 conditions required by rules adopted by the department. A 33 licensing agreement shall not be for more than one year. 34 Sec. 7. NEW SECTION . 187.307 Choose Iowa school purchasing 35 -2- LSB 6601XC (3) 91 da/js 2/ 23

S.F. _____ program. 1 1. There is created within the department a choose Iowa 2 school purchasing program. 3 2. The department shall administer the program according to 4 all of the following: 5 a. A farm or business shall be eligible to participate in 6 the program if the farm or business is enrolled as a member of 7 the choose Iowa promotional program as provided in this part 1 8 of subchapter III. 9 b. A school or school district is eligible to participate in 10 the program, if recognized by the department. 11 c. A qualified food product is limited to meat and poultry, 12 dairy products other than milk, grains, flour, eggs, honey, and 13 produce. 14 3. a. An eligible school or school district purchasing 15 a qualified food product from an eligible farm or business 16 shall be reimbursed on a matching basis with the department 17 contributing one dollar for every one dollar expended by the 18 eligible school or school district. 19 b. The department may establish by rule the method and 20 limitations for determining the amount of funding available to 21 each school or school district under this section. 22 c. Notwithstanding paragraph “b ”, if the department 23 determines that there are not sufficient moneys to satisfy 24 all claims that may be submitted by schools and school 25 districts, the department shall provide for the distribution 26 of the available moneys in a manner determined equitable by 27 the department, which may include a prorated distribution to 28 participating schools and school districts. 29 4. The department may administer the program in cooperation 30 with the department of education and the participating school 31 or school district in which a participating school is located. 32 5. The department may use not more than five percent of the 33 moneys appropriated to support the program in a fiscal year to 34 pay for the costs of administering the program. 35 -3- LSB 6601XC (3) 91 da/js 3/ 23

S.F. _____ 6. The department shall prepare and submit a report 1 regarding its findings and recommendations to the governor and 2 general assembly not later than July 31 of each year. 3 Sec. 8. Section 187.331, Code 2026, is amended to read as 4 follows: 5 187.331 Choose Iowa food bank purchasing program. 6 1. There is created within the department a choose Iowa food 7 bank purchasing program. 8 2. The department shall administer the program according to 9 all of the following requirements : 10 a. A farm or business that owns or operates the farm source 11 shall be given a preference to participate in the program if 12 the farm or business is currently participating eligible to 13 participate in the program if the farm or business is enrolled 14 as a member in the choose Iowa promotional program as provided 15 in this part 1 of subchapter III. Otherwise, a farm or 16 business may participate in the program if the farm or business 17 has applied to participate in the choose Iowa promotional 18 program and the department determines that the application will 19 be approved. 20 b. An eligible participant is limited to any Iowa food bank 21 or an Iowa emergency feeding organization, recognized by the 22 department. 23 c. A qualified food product is limited to meat and poultry, 24 dairy products, grains, flour, eggs, honey, and produce. 25 3. a. Of the moneys appropriated to support the program in 26 a fiscal year, not more than two hundred thousand dollars shall 27 be used to reimburse Iowa food banks and Iowa emergency feeding 28 organizations. 29 b. 3. a. An eligible participant Iowa food bank or an 30 emergency feeding organization purchasing a qualified food 31 product from an eligible farm or business shall be reimbursed 32 on a matching basis with the department contributing one dollar 33 for every one dollar expended by the eligible participant Iowa 34 food bank or emergency feeding organization . 35 -4- LSB 6601XC (3) 91 da/js 4/ 23

S.F. _____ c. b. An Iowa food bank or Iowa emergency feeding 1 organization shall not receive more than fifty thousand dollars 2 per fiscal year for participating in the program. 3 4. c. The department may use not more than five percent of 4 the moneys appropriated to support the program in a fiscal year 5 to pay for the costs of administering the program. 6 5. 4. The department shall prepare and submit a report 7 regarding its findings and recommendations to the governor and 8 general assembly not later than January 15 July 31 of each 9 year. 10 6. This section is repealed July 1, 2030. 11 Sec. 9. Section 190A.2, subsections 5 and 9, Code 2026, are 12 amended by striking the subsections. 13 Sec. 10. Section 190A.2, subsection 7, Code 2026, is amended 14 to read as follows: 15 7. “Program” means the farm-to-school program created in 16 section 190A.6 190A.3 . 17 Sec. 11. Section 190A.3, subsection 1, Code 2026, is amended 18 to read as follows: 19 1. The A farm-to-school program is created within the 20 department. The program shall seek to link elementary and 21 secondary public and nonpublic schools in this state with Iowa 22 farms to provide schools with fresh and minimally processed 23 food products for inclusion in school meals and snacks, 24 encourage children to develop healthy eating habits, and 25 provide Iowa farmers access to consumer markets. 26 Sec. 12. Section 190A.5, subsection 3, Code 2026, is amended 27 to read as follows: 28 3. Moneys in the fund are appropriated to support 29 the farm-to-school program in a manner determined by the 30 department, including for reasonable administrative costs 31 incurred by the department. However, the department shall 32 not expend more than four percent of moneys existing at any 33 one time in the fund during each fiscal year for purpose of 34 paying costs associated with the administration of the program 35 -5- LSB 6601XC (3) 91 da/js 5/ 23

S.F. _____ and fund incurred by the department during that fiscal year. 1 Moneys expended from the fund shall not require further special 2 authorization by the general assembly. 3 Sec. 13. REPEAL. Section 190A.6, Code 2026, is repealed. 4 Sec. 14. CODE EDITOR DIRECTIVE. 5 1. The Code editor is directed to make the following 6 transfers: 7 a. Section 187.331 to section 187.308. 8 b. Section 159.25 to section 187.309. 9 2. The Code editor shall correct internal references in the 10 Code and in any enacted legislation as necessary due to the 11 enactment of this section. 12 PART C 13 INNOVATION AND REVITALIZATION PROGRAMS 14 Sec. 15. Section 187.311, Code 2026, is amended by adding 15 the following new subsection: 16 NEW SUBSECTION . 5A. The department may give priority to an 17 applicant who is a beginning farmer. 18 Sec. 16. NEW SECTION . 187.315 Butchery innovation and 19 revitalization program. 20 1. A butchery innovation and revitalization program is 21 created within the department. The purpose of the program is 22 to promote the development, modernization, and expansion of 23 this state’s butchery industry. 24 2. In administering the program, the department shall award 25 financial assistance to eligible businesses to support projects 26 that do one or more of the following: 27 a. To expand or refurbish an existing, or to establish a 28 new, state-inspected small-scale meat processing business. 29 b. To expand or refurbish an existing, or to establish a 30 new, federally inspected small-scale meat processing business. 31 c. To expand or refurbish an existing, or to establish a 32 new, licensed custom locker. 33 d. To expand or refurbish an existing, or to establish a 34 new, mobile slaughter unit that operates in compliance with 35 -6- LSB 6601XC (3) 91 da/js 6/ 23

S.F. _____ the most current mobile slaughter unit compliance guide issued 1 by the United States department of agriculture food safety and 2 inspection service. 3 e. To rent buildings, refrigeration facilities, freezer 4 facilities, or equipment necessary to expand processing 5 capacity, including mobile slaughter or refrigeration units 6 used exclusively for meat or poultry processing. 7 3. The department shall establish eligibility criteria for 8 the program. The eligibility criteria must include all of the 9 following: 10 a. The business must be located in this state. 11 b. The business must not have been subject to any regulatory 12 enforcement action related to federal, state, or local 13 environmental, worker safety, food processing, or food safety 14 laws, rules, or regulations within the last five years. 15 c. The business must only employ individuals legally 16 authorized to work in this state. 17 d. The business must not currently be in bankruptcy. 18 e. The business must employ less than two hundred full-time 19 nonseasonal individuals. 20 4. An eligible business seeking financial assistance under 21 this section shall make application to the department in the 22 manner and on forms prescribed by the department. 23 5. Applications for financial assistance under this section 24 shall be accepted during one or more annual application periods 25 established by the department. Upon reviewing and scoring all 26 applications that are received during an application period, 27 and subject to the availability of moneys, the department may 28 award financial assistance to eligible businesses. A financial 29 assistance award shall not exceed the amount of eligible 30 project costs included in the eligible business’s application. 31 Priority shall be given to eligible businesses whose proposed 32 project or projects under subsection 2 are most likely to do 33 one or more of the following: 34 a. Create new jobs. 35 -7- LSB 6601XC (3) 91 da/js 7/ 23

S.F. _____ b. Create or expand opportunities for local small-scale 1 farmers to market processed meat under private labels. 2 c. Provide greater flexibility or convenience for local 3 small-scale farmers to have animals processed. 4 6. An eligible business that is awarded financial 5 assistance under this section may apply for financial 6 assistance under other programs administered by the department. 7 Sec. 17. REPEAL. Section 15E.370, Code 2026, is repealed. 8 DIVISION III 9 DEPARTMENT OF AGRICULTURE AND LAND STEWARDSHIP REGULATION —— 10 ANIMAL HEALTH 11 Sec. 18. Section 163.1, Code 2026, is amended by adding the 12 following new subsection: 13 NEW SUBSECTION . 7A. Lease facilities in order to carry out 14 and administer the provisions of this chapter related to an 15 infectious or contagious disease or a foreign animal disease 16 preparedness and response effort. 17 Sec. 19. NEW SECTION . 163.2B Confidentiality. 18 1. Notwithstanding section 22.7, all information and 19 records relating to an infectious or contagious disease 20 received or collected by the department pursuant to this 21 chapter, including rules adopted under this chapter by the 22 department, is confidential to the extent it identifies any of 23 the following: 24 a. The name, address, and contact information of any person 25 owning or caring for an animal suspected of or being affected 26 with any infectious or contagious disease. 27 b. Any location where an animal suspected of or being 28 affected with any infectious or contagious disease has been 29 kept. 30 c. Information that when considered together leads to the 31 identity of a person described in paragraph “a” or a location or 32 premises described in paragraph “b” . 33 2. Notwithstanding subsection 1, the department, in 34 acting as the lawful custodian of the confidential record, may 35 -8- LSB 6601XC (3) 91 da/js 8/ 23

S.F. _____ disclose the record or any part of the record if it is deemed 1 necessary by the state veterinarian to protect the public 2 health or the health or well-being of animals within the state. 3 DIVISION IV 4 DEPARTMENT OF AGRICULTURE AND LAND STEWARDSHIP —— REGULATION 5 —— WEIGHTS AND MEASURES 6 Sec. 20. Section 210.1, Code 2026, is amended to read as 7 follows: 8 210.1 Standard established Weights and measures standards —— 9 compliance with federal law . 10 The weights and measures which have been presented by the 11 department to the United States national institute of standards 12 and technology and approved, standardized, and certified by 13 the institute in accordance with the laws of the Congress of 14 the United States shall be the standard weights and measures 15 throughout the state regulated under this chapter shall conform 16 with Iowa’s state primary standard of weights and measures as 17 described in section 215.1B . 18 Sec. 21. Section 213.1, Code 2026, is amended to read as 19 follows: 20 213.1 State metrologist. 21 The department secretary of agriculture may designate 22 one of its assistants the bureau chief of the department’s 23 weights and measures bureau to act as state metrologist 24 of weights and measures. All weights and measures sealed 25 by the state metrologist shall be impressed with the word 26 “Iowa.” The bureau chief is the appropriate state official 27 responsible for cooperating with the national institute of 28 standards and technology as defined in section 215.1 and in the 29 administration of weights and measures as regulated in this 30 subtitle. 31 Sec. 22. Section 213.2, Code 2026, is amended to read as 32 follows: 33 213.2 Physical United States standards —— conformity . 34 Weights and measures , which conform to the standards of the 35 -9- LSB 6601XC (3) 91 da/js 9/ 23

S.F. _____ United States national institute of standards and technology 1 existing as of January 1, 1979, that are metrologically 2 traceable to the United States standards supplied by the 3 federal government or approved as being in compliance with 4 its standards recognized by the national bureau institute of 5 standards and technology shall be the Iowa’s state primary 6 standard of weights and measures as verified by the department . 7 Such The traceable standards of weights and measures shall 8 be verified upon their initial receipt of same by the 9 department and as often as deemed necessary by the secretary 10 of agriculture department . The secretary department may 11 provide for the alteration in revise the state primary standard 12 of weights and measures in order to maintain metrological 13 traceability with the standard standards of the United States 14 national institute of standards and technology. All such 15 alterations The verification or revision shall be made pursuant 16 to rules promulgated adopted by the secretary department in 17 accordance with chapter 17A . 18 Sec. 23. Section 214.3, subsection 1, Code 2026, is amended 19 to read as follows: 20 1. A license fee is imposed on a person who uses or 21 displays for use a commercial weighing and measuring device. 22 The license fee is due the day the department issues the 23 license. The amount of the license fee shall be calculated in 24 accordance with the class or section for devices as established 25 by handbook 44 of the United States national institute of 26 standards and technology. 27 Sec. 24. Section 215.1, subsection 1, Code 2026, is amended 28 to read as follows: 29 1. a. “Commercial weighing and measuring device” or “device” 30 means a weight or measure or weighing or measuring device 31 used to establish size, quantity, area or other quantitative 32 measurement of a commodity sold by weight or measurement, or 33 where when the price to be paid for producing the commodity is 34 based upon the weight or measurement of the commodity. The 35 -10- LSB 6601XC (3) 91 da/js 10/ 23

S.F. _____ term 1 b. “Commercial weighing and measuring device” includes an any 2 of the following: 3 (1) An accessory attached to or used in connection with 4 a commercial weighing or measuring device when the accessory 5 is so designed or installed that its operation may affect the 6 accuracy of the device. “Commercial weighing and measuring 7 device” includes a 8 (2) A public scale or a commercial scanner. 9 Sec. 25. Section 215.1, Code 2026, is amended by adding the 10 following new subsection: 11 NEW SUBSECTION . 3A. “National institute of standards and 12 technology” means the national institute of standards and 13 technology established within the United States department of 14 commerce pursuant to 15 U.S.C. §272. 15 Sec. 26. Section 215.1A, Code 2026, is amended to read as 16 follows: 17 215.1A Inspections. 18 1. The Except as otherwise expressly provided by statute, 19 the department shall regularly of agriculture and land 20 stewardship may inspect all any commercial weighing and 21 measuring devices, and when device. If the department 22 receives a complaint is made to the department that any false 23 or incorrect alleging weights or measures are being made 24 inaccurately recorded by a device , the department shall inspect 25 the commercial weighing and measuring devices which caused the 26 complaint device . 27 2. The department may inspect a prepackaged goods good to 28 determine the accuracy of their its recorded weights weight . 29 3. a. The department may order the owner of the device 30 or a service agency that installed, serviced, or repaired the 31 device, to deliver to the department one or more of the service 32 agency’s most recent test reports documenting the device’s 33 accuracy. 34 b. (1) Except as provided in subparagraph (2), the delivery 35 -11- LSB 6601XC (3) 91 da/js 11/ 23

S.F. _____ of a report may be in lieu of an inspection. 1 (2) The department shall provide for an inspection of any 2 of the following: 3 (a) A motor fuel pump as required in section 214.11. 4 (b) A moisture-measuring device as required in section 5 215A.2. 6 (c) A charging station dispensing electric fuel as required 7 in section 452A.41. 8 Sec. 27. Section 215.14, subsection 3, Code 2026, is amended 9 to read as follows: 10 3. Before approval by the department, the specifications 11 for a commercial weighing and measuring device shall be 12 furnished to the purchaser of the device by the manufacturer. 13 The approval shall be based upon the recommendation of the 14 United States national institute of standards and technology. 15 Sec. 28. Section 215.19, Code 2026, is amended to read as 16 follows: 17 215.19 Automatic recorders on scales. 18 Except for scales a scale used by packers a packer 19 slaughtering fewer than one hundred twenty head of livestock 20 per day, all scales a scale with a capacity over five hundred 21 pounds, which are used for commercial purposes , in this 22 state, and installed after January 1, 1981, shall be equipped 23 with a type-registering weigh beam, a dial with a mechanical 24 ticket printer, an automatic weight recorder, or some similar 25 commercial weighing and measuring device , which shall be used 26 for printing or stamping the weight values on scale tickets. 27 A scale or similar device equipped with a malfunctioning 28 automatic weight recorder may shall not be used for not more 29 than seven days if the scale or similar device is unable to 30 print or stamp the ticket so long as and only if a repair to the 31 automatic recorder is immediately initiated and the user dates, 32 signs, and accurately handwrites the required information on 33 the ticket until the scale or similar device is operational. 34 Sec. 29. Section 215.23, subsection 2, Code 2026, is amended 35 -12- LSB 6601XC (3) 91 da/js 12/ 23

S.F. _____ to read as follows: 1 2. In determining a servicer’s qualifications, the 2 department may consider the specifications of the United States 3 national institute of standards and technology, handbook 44, 4 “Specifications, Tolerances, and Technical Requirements for 5 Weighing and Measuring Devices”, or the current successor or 6 equivalent specifications adopted by the United States national 7 institute of standards and technology. 8 Sec. 30. Section 452A.40, Code 2026, is amended by adding 9 the following new subsection: 10 NEW SUBSECTION . 5A. “National institute of standards and 11 technology” means the same as defined in section 215.1. 12 Sec. 31. REPEAL. Sections 213.3 and 213.7, Code 2026, are 13 repealed. 14 Sec. 32. CODE EDITOR DIRECTIVE. 15 1. The Code editor is directed to make the following 16 transfers: 17 a. Section 213.1 to section 215.1B. 18 b. Section 213.2 to section 215.1C. 19 c. Section 215.18 to section 215.1D. 20 d. Section 215.1A to section 215.1E. 21 2. The Code editor shall correct internal references in the 22 Code and in any enacted legislation as necessary due to the 23 enactment of this section. 24 DIVISION V 25 DEPARTMENT OF TRANSPORTATION REGULATION —— MOTOR VEHICLES 26 PART A 27 MILK HAULERS 28 Sec. 33. Section 321E.29B, subsection 1, Code 2026, is 29 amended to read as follows: 30 1. Notwithstanding section 321E.8 , the department 31 permit-issuing authority may issue annual permits for the 32 operation of vehicles or combinations of vehicles transporting 33 fluid milk products to or from a milk plant, receiving 34 station, or transfer station, exceeding the weight limitation 35 -13- LSB 6601XC (3) 91 da/js 13/ 23

S.F. _____ of section 321.463 but not exceeding a gross weight of 1 ninety-six one hundred thirty-six thousand pounds , on primary 2 roads and primary road extensions in cities . The department 3 shall establish rules regarding minimum distances for axle 4 configurations. 5 Sec. 34. EFFECTIVE DATE. This part of this division of this 6 Act takes effect January 1, 2027. 7 PART B 8 IMPLEMENTS OF HUSBANDRY 9 Sec. 35. Section 321.457, subsection 2, paragraph f, Code 10 2026, is amended to read as follows: 11 f. (1) A trailer or semitrailer, laden or unladen, shall 12 not have an overall length in excess of fifty-three feet 13 when operating in a truck tractor-semitrailer combination 14 exclusive of retractable extensions used to support the load. 15 However, when a trailer or semitrailer is used exclusively 16 for the transportation of passenger vehicles, light delivery 17 trucks, panel delivery trucks, pickup trucks, recreational 18 vehicle chassis, or boats, the load carried on the trailer or 19 semitrailer may extend up to three feet beyond the front bumper 20 and up to four feet beyond the rear bumper of the trailer or 21 semitrailer. 22 (2) A lowboy semitrailer, laden or unladen, which that is 23 designed and exclusively used for the transportation of either 24 construction equipment or an implement of husbandry shall not 25 have an overall length in excess of fifty-seven feet when used 26 in a truck tractor-semitrailer combination. 27 DIVISION VI 28 AGRICULTURAL TOURISM 29 Sec. 36. Section 673A.3, subsection 6, paragraph b, Code 30 2026, is amended to read as follows: 31 b. “Farm” includes but is not limited to a farm field, 32 orchard, tree farm, nursery, greenhouse, garden, elevator, 33 seedhouse, barn, warehouse, animal feeding operation structure, 34 winery, brewery, distillery, or any personal property located 35 -14- LSB 6601XC (3) 91 da/js 14/ 23

S.F. _____ on the land including machinery or equipment used in the 1 production of a farm commodity. 2 Sec. 37. Section 673A.3, subsection 9, Code 2026, is amended 3 to read as follows: 4 9. “Farm crop” means a plant or fungus used for food, animal 5 feed, fiber, or oil, energy, or decoration, including any of 6 the following: 7 a. A forage or cereal plant, including but not limited to 8 alfalfa, barley, buckwheat, corn, flax, forage, millet, oats, 9 popcorn, rye, sorghum, soybeans, sunflowers, wheat, and grasses 10 used for forage or silage. 11 b. Edible or ornamental produce, including but not limited 12 to fruit such as apples, cherries, peaches, pears, berries, and 13 grapes; vegetables such as asparagus, broccoli, and carrots; 14 lentils; tubers; squashes and pumpkins; gourds; nuts; maple 15 syrup; mushrooms; Christmas trees; and flowers. 16 c. Lumber, logs, pulpwood, and cordwood. 17 d. Honey. 18 DIVISION VII 19 LAND USE 20 Sec. 38. Section 335.2, Code 2026, is amended by adding the 21 following new subsection: 22 NEW SUBSECTION . 4. As used in subsection 1, an agricultural 23 purpose includes but is not limited to an agricultural tourism 24 activity or event, value-added agricultural processing, 25 direct-to-consumer marketing, or other farm-based enterprise 26 that supports the economic viability of a farm. 27 Sec. 39. Section 335.28, Code 2026, is amended to read as 28 follows: 29 335.28 Agricultural experiences experience . 30 1. a. For purposes of this section , “agricultural 31 experience” includes but is not limited to any 32 agriculture-related activity , or agriculture-related 33 event , as a that constitutes a secondary use in conjunction 34 with agricultural production, on a farm which if the 35 -15- LSB 6601XC (3) 91 da/js 15/ 23

S.F. _____ agriculture-related activity , or agriculture-related event, 1 is located on a farm and open to the public with for the 2 intended purpose of promoting or educating the public about 3 agriculture, agricultural practices, agricultural activities, 4 or agricultural products. 5 b. “Agricultural experience” also includes agricultural 6 tourism activities and events, such as recreational, 7 entertainment, dining, celebratory, and overnight lodging 8 opportunities offered on a working farm, so long as the farm’s 9 primary use remains agricultural production. 10 2. To assist in the promotion of agricultural experiences, 11 a county shall not require a conditional use permit, special 12 use permit, special exception, or variance for an agricultural 13 experiences experience on property of which the primary use is 14 agricultural production. 15 Sec. 40. EFFECTIVE DATE. This division of this Act, being 16 deemed of immediate importance, takes effect upon enactment. 17 Sec. 41. APPLICABILITY. Any conditional use permit, 18 special use permit, special exception, or variance described 19 in section 335.28, as amended by this division of this Act, is 20 void and unenforceable. 21 EXPLANATION 22 The inclusion of this explanation does not constitute agreement with 23 the explanation’s substance by the members of the general assembly. 24 GENERAL. This bill amends a number of Code chapters 25 relating to agriculture, including providing for the powers and 26 duties of the department of agriculture and land stewardship 27 (DALS). The bill provides for the promotion and regulation 28 of commodities and regulation by DALS, including fees, and 29 the transportation of agricultural items by the department 30 of transportation (DOT). The bill provides for the use of 31 agricultural land, including agricultural tourism. 32 DIVISION I —— DEPARTMENT OF AGRICULTURE AND LAND STEWARDSHIP 33 —— PROMOTION —— RENEWABLE FUEL INFRASTRUCTURE —— BACKGROUND. 34 Code chapter 159A, subchapter II, authorizes DALS to administer 35 -16- LSB 6601XC (3) 91 da/js 16/ 23

S.F. _____ a renewable fuel infrastructure program for retail motor fuel 1 sites (Code section 159.14) and a renewable fuel infrastructure 2 program for biodiesel terminal facilities (Code section 3 159A.15). The purpose of the program is to finance the 4 improvement of facilities used to store, blend, or dispense 5 renewable fuels, commonly derived from corn or soybeans. The 6 programs are supported by the renewable fuel infrastructure 7 fund (Code section 159A.16), which is appropriated $5 million 8 each fiscal year (Code section 159.17). 9 DIVISION I —— DEPARTMENT OF AGRICULTURE AND LAND STEWARDSHIP 10 —— PROMOTION —— RENEWABLE FUEL INFRASTRUCTURE —— BILL’S 11 PROVISIONS. This division increases the amount of moneys 12 appropriated from the renewable fuel infrastructure fund each 13 fiscal year for administrative costs incurred by DALS from 14 $100,000 to $150,000. 15 DIVISION II —— DEPARTMENT OF AGRICULTURE AND LAND 16 STEWARDSHIP —— PROMOTION —— BACKGROUND. Code chapter 189 17 authorizes DALS to administer a number of programs providing 18 for the promotion of agriculture in this state. The Code 19 chapter provides for the financing of the programs, including 20 the creation of a choose Iowa fund (Code section 187.201). The 21 Code chapter provides for a choose Iowa promotional program 22 that supports the marketing of agricultural commodities and 23 processed products originating from Iowa farms (Code section 24 187.301). The choose Iowa program allows a person to register 25 as a seller of Iowa commodities and products and receives the 26 right to use a legally protected logo under a paid license 27 (Code sections 187.302 and 187.303). The Code chapter includes 28 a choose Iowa food purchasing program that supports Iowa 29 food banks and emergency feeding operations (Code section 30 187.311). A farm or business enrolled in the choose Iowa 31 program is provided a preference to participate in the choose 32 Iowa food purchasing program. Under Code chapter 190A, DALS 33 also administers a farm-to-school program to support schools 34 and school districts in purchasing food products derived from 35 -17- LSB 6601XC (3) 91 da/js 17/ 23

S.F. _____ food commodities produced on Iowa farms (Code section 190A.6). 1 A dairy innovation program authorizes DALS to provide financing 2 to an eligible business in the form of a grant, low-interest 3 loan, or forgivable loan in order to expand dairy processing 4 capacity in Iowa (Code section 187.311). 5 PART A —— GENERAL —— BILL’S PROVISIONS. This part creates 6 an exception to a provision that restricts state agencies from 7 engaging in an activity that competes with a private enterprise 8 (Code section 23A.2). The part amends the choose Iowa program 9 by providing for the enrollment of persons actively engaged in 10 producing, processing, or marketing Iowa agricultural products. 11 PART B —— CHOOSE IOWA PROMOTIONAL PROGRAMS —— BILL’S 12 PROVISIONS. Under this part, DALS may adopt administrative 13 rules providing for criteria for enrollment in the choose 14 Iowa promotion program. The part establishes a choose Iowa 15 school purchasing program based on the current farm-to-school 16 program, which is eliminated. Under the new program, an 17 eligible participant is reimbursed on a matching basis with 18 DALS contributing $1 for every $1 expended by the eligible 19 participant. The division renames the choose Iowa food 20 purchasing program to the choose Iowa food bank program. The 21 part provides that to participate in the program, a farm or 22 business must be enrolled as a member of the choose Iowa 23 promotional program. The part eliminates a provision providing 24 that not more than $200,000 may be used by DALS to reimburse 25 Iowa food banks and Iowa emergency feeding organizations. The 26 part eliminates a provision that terminates the program on July 27 1, 2030. Finally, the part transfers several Code sections 28 including Code section 159.25, which establishes an Iowa seal 29 for agricultural products. 30 PART C —— INNOVATION AND REVITALIZATION PROGRAMS —— BILL’S 31 PROVISIONS. This part provides priority to a beginning 32 farmer applying to participate in the dairy innovation and 33 revitalization program. The part creates a butchery innovation 34 revitalization program, modeled on the dairy innovation 35 -18- LSB 6601XC (3) 91 da/js 18/ 23

S.F. _____ and revitalization program, that promotes the development, 1 modernization, and expansion of this state’s butchery industry. 2 The part also eliminates a similar program administered by the 3 economic development authority (Code section 15E.370). 4 DIVISION III —— DEPARTMENT OF AGRICULTURE AND LAND 5 STEWARDSHIP REGULATION —— ANIMAL HEALTH —— BACKGROUND. Code 6 chapter 163 authorizes DALS to regulate animal health and 7 specifically control infectious or contagious diseases 8 (disease) afflicting livestock populations (Code chapter 163). 9 The term “control” refers to prevention, suppression, or 10 eradication efforts (Code section 163.2). 11 DIVISION III —— ANIMAL HEALTH —— BILL’S PROVISIONS. This 12 division authorizes DALS to lease facilities in order to 13 control an infectious or contagious disease or provide for 14 a foreign animal disease preparedness and response effort 15 (Code section 162.2A). The division also provides that 16 notwithstanding Code chapter 22, information collected by DALS 17 relating to such disease is confidential, if the information 18 identifies the name, address, and contact information of a 19 person owning or caring for an animal suspected of or being 20 affected with a disease; or any location where an animal 21 suspected of or being affected with the disease has been kept. 22 DIVISION IV —— DEPARTMENT OF AGRICULTURE AND LAND 23 STEWARDSHIP REGULATION —— WEIGHTS AND MEASURES —— BACKGROUND. 24 DALS is authorized to regulate standard weights and measures 25 under a number of Code chapters, with many of its provisions 26 first published in the 1851 Code (Code chapters 210, 213, 214, 27 and 215). Generally, standards must comply with or be supplied 28 by the federal government or approved as being in compliance 29 with those established by a United States agency, the national 30 institute of standards and technology (NIST). Many of Iowa’s 31 Code provisions regulating standards provide for the inspection 32 of commercial weighing and measuring devices that are used 33 to establish size, quantity, area, or another quantitative 34 measurement of a commodity when sold (Code section 215.1). 35 -19- LSB 6601XC (3) 91 da/js 19/ 23