Senate File 578 - Reprinted SENATE FILE 578 BY COMMITTEE ON WAYS AND MEANS (SUCCESSOR TO SF 359) (SUCCESSOR TO SSB 1121) (As Amended and Passed by the Senate March 22, 2021 ) A BILL FOR An Act relating to the powers and duties of the department of 1 agriculture and land stewardship, including by providing for 2 administration, programs, and regulations, providing fees, 3 providing penalties, and making penalties applicable. 4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 5 SF 578 (3) 89 da/ns

S.F. 578 DIVISION I 1 DEPARTMENTAL ORGANIZATION 2 Section 1. Section 159.5, subsection 7, Code 2021, is 3 amended to read as follows: 4 7. Establish and maintain a marketing news service bureau 5 in the department which shall, in cooperation with the 6 federal market news and grading division Cooperate with the 7 agricultural marketing service of the United States department 8 of agriculture , to collect and disseminate data and information 9 relative to the market prices and conditions of agricultural 10 products raised, produced, and handled in the state. 11 DIVISION II 12 ANIMALS 13 PART A 14 COMMERCIAL ESTABLISHMENTS 15 Sec. 2. Section 162.2A, subsection 3, paragraph d, Code 16 2021, is amended by striking the paragraph. 17 PART B 18 FOREIGN ANIMAL DISEASE CONTROL 19 Sec. 3. Section 22.7, Code 2021, is amended by adding the 20 following new subsection: 21 NEW SUBSECTION . 39A. Information related to the 22 registration and identification of any premises where animals 23 are kept as authorized pursuant to the foreign animal disease 24 preparedness and response strategy as provided in section 25 163.3C. 26 Sec. 4. Section 163.3C, Code 2021, is amended by adding the 27 following new subsection: 28 NEW SUBSECTION . 3. a. In developing and establishing a 29 foreign animal disease preparedness and response strategy, the 30 department may collect, maintain, and use information related 31 to the registration and identification of any premises where 32 animals are kept. The information may include but is not 33 limited to all of the following: 34 (1) The name, address, and contact information of an 35 -1- SF 578 (3) 89 da/ns 1/ 8

S.F. 578 interested person. 1 (2) The location of the premises where the animals are kept. 2 (3) An identification number assigned to the premises where 3 the animals are kept. 4 b. The information described in paragraph “a” is a 5 confidential record as provided in section 22.7. Nothing 6 in this subsection limits the department in acting as the 7 lawful custodian of the confidential record from disclosing 8 the record or any part of the record to another person if the 9 department determines that such disclosure will assist in 10 implementing, administering, or enforcing the foreign animal 11 disease preparedness and response strategy. 12 DIVISION III 13 FERTILIZERS AND SOIL CONDITIONERS 14 Sec. 5. Section 200.3, subsection 24, Code 2021, is amended 15 by striking the subsection. 16 Sec. 6. Section 200.14, Code 2021, is amended to read as 17 follows: 18 200.14 Rules. 19 1. a. The secretary is authorized, after public hearing, 20 following due notice, to department may adopt rules setting 21 forth pursuant to chapter 17A providing minimum general 22 safety standards for the design, construction, location, 23 installation , and operation of equipment for storage, handling, 24 transportation by tank truck or tank trailer, and utilization 25 of anhydrous ammonia fertilizers and soil conditioners . 26 a. b. The rules shall be such as are reasonably necessary 27 for the protection and safety of the public and persons using 28 anhydrous ammonia fertilizers or soil conditioners , and shall 29 be in substantial conformity with the generally accepted 30 standards of safety. 31 b. Rules that are in substantial conformity with the 32 published standards of the agricultural ammonia institute for 33 the design, installation and construction of containers and 34 pertinent equipment for the storage and handling of anhydrous 35 -2- SF 578 (3) 89 da/ns 2/ 8

S.F. 578 ammonia, shall be deemed to be in substantial conformity with 1 the generally accepted standards of safety. 2 2. c. Anhydrous ammonia Fertilizer and soil conditioner 3 equipment shall be installed and maintained in a safe operating 4 condition and in conformity with rules adopted by the secretary 5 department . 6 3. 2. The secretary shall enforce this chapter and, after 7 due publicity and due public hearing, department may adopt such 8 reasonable rules as may be necessary in order to carry into 9 effect the purpose , and intent and to secure the efficient 10 administration , of this chapter . 11 4. 3. This chapter does not prohibit the use of storage 12 tanks smaller than transporting tanks nor the transfer of all 13 kinds of fertilizer including anhydrous ammonia fertilizers 14 or soil conditioners directly from transporting tanks to 15 implements of husbandry, if proper safety precautions are 16 observed. 17 DIVISION IV 18 WEIGHTS AND MEASURES 19 PART A 20 GENERAL 21 Sec. 7. Section 214.1, Code 2021, is amended by adding the 22 following new subsection: 23 NEW SUBSECTION . 6. “Weighmaster” means a person who keeps 24 and regularly uses a commercial weighing and measuring device 25 to accurately weigh objects for others as part of the person’s 26 business operated on a profit, cooperative, or nonprofit basis. 27 Sec. 8. Section 214.3, subsection 1, Code 2021, is amended 28 to read as follows: 29 1. The A license issued by the department for the inspection 30 of a commercial weighing and measuring device shall expire on 31 December 31 of each year, and for a motor fuel pump on June 30 32 of each year. The amount of the fee due for each license shall 33 be as provided in subsection 3 , except that the fee for a motor 34 fuel pump shall be four dollars and fifty cents if paid within 35 -3- SF 578 (3) 89 da/ns 3/ 8

S.F. 578 one month from the date the license is due. 1 Sec. 9. Section 214.3, subsection 3, paragraph e, 2 subparagraph (2), Code 2021, is amended to read as follows: 3 (2) Retail motor fuel pump, nine four dollars and fifty 4 cents . 5 Sec. 10. Section 214.4, subsection 1, unnumbered paragraph 6 1, Code 2021, is amended to read as follows: 7 If the department does not receive payment of the license 8 fee required pursuant to section 214.3 within one month from 9 the due date, the department shall send deliver a notice to 10 the owner or operator of the device. The notice shall be 11 delivered by certified mail. The notice shall state all of the 12 following: 13 Sec. 11. Section 214.6, Code 2021, is amended to read as 14 follows: 15 214.6 Oath Duties of weighmasters weighmaster . 16 All persons keeping a commercial weighing and measuring 17 device, before entering upon their duties as weighmasters, A 18 weighmaster shall be sworn before some person having authority 19 to administer oaths, to keep their ensure that a commercial 20 weighing and measuring device is correctly balanced , to make 21 true weights, and to shall render a correct account to the 22 person having weighing done. 23 Sec. 12. Section 214.11, Code 2021, is amended to read as 24 follows: 25 214.11 Inspections —— recalibrations —— penalty. 26 1. The department shall provide for annual inspections 27 of all motor fuel pumps, including but not limited to motor 28 fuel blender pumps, licensed under this chapter . Inspections 29 shall be for the purpose of determining the accuracy of the 30 pumps’ measuring mechanisms, and for such and correctness of 31 motor fuel pumps. For that purpose the department’s inspectors 32 may enter upon the premises of any wholesale dealer or retail 33 dealer , as they are defined in section 214A.1 , of motor fuel 34 or fuel oil within this state . 35 -4- SF 578 (3) 89 da/ns 4/ 8

S.F. 578 2. Upon completion of an inspection, the inspector shall 1 affix the department’s seal to the measuring mechanism of the 2 motor fuel pump. The seal shall be appropriately marked, 3 dated, and recorded by the inspector. If the owner of an 4 inspected and sealed motor fuel pump is registered with the 5 department as a servicer in accordance with section 215.23 , 6 or employs a person so registered as a servicer, the owner 7 or other servicer may open the motor fuel pump, break the 8 department’s seal, recalibrate the measuring mechanism if 9 necessary, and reseal the motor fuel pump as long as the 10 department is notified of the recalibration within forty-eight 11 hours, on a form in a manner provided by the department. 12 2. 3. A person violating a provision of this section is, 13 upon conviction, guilty of a simple misdemeanor. 14 PART B 15 MOTOR FUEL 16 Sec. 13. Section 214A.2A, subsection 1, Code 2021, is 17 amended to read as follows: 18 1. Fuel which is sold or is kept, offered, or exposed for 19 sale as kerosene shall be labeled as kerosene. The label 20 shall include the word “kerosene” and a or the designation as 21 either “K1” or “K2” “K1 kerosene” , and shall indicate that 22 the kerosene is in compliance with the standard specification 23 adopted by A.S.T.M. international specification D3699 (1982). 24 Sec. 14. REPEAL. Section 214A.15, Code 2021, is repealed. 25 PART C 26 INSPECTIONS 27 Sec. 15. Section 215.4, Code 2021, is amended to read as 28 follows: 29 215.4 Tag for inaccurate or incorrect device —— reinspection 30 —— license fee. 31 A commercial weighing and measuring device found to be 32 inaccurate or incorrect upon inspection by the department 33 shall be rejected or tagged “condemned until repaired” and 34 the “licensed for commercial use” inspection sticker shall be 35 -5- SF 578 (3) 89 da/ns 5/ 8

S.F. 578 removed. If notice is received by the department that the 1 device has been repaired and upon reinspection the device is 2 found to be accurate or correct, the a license fee shall not 3 may be charged for the reinspection. However, a second license 4 fee shall be charged if upon reinspection the device is found 5 to be inaccurate. The device shall be tagged “condemned” and 6 removed from service if a third reinspection fails. 7 Sec. 16. Section 215.7, Code 2021, is amended to read as 8 follows: 9 215.7 Transactions by false weights or measures. 10 1. A person shall be deemed to have violated the provisions 11 of this chapter and shall be punished as provided in chapter 12 189 , if the person does any of the following apply : 13 1. a. The person sells Sells , trades, delivers, charges 14 for, or claims to have delivered to a purchaser an amount 15 of any commodity which is less in weight or measure than 16 that which is asked for, agreed upon, claimed to have been 17 delivered, or noted on the delivery ticket. 18 2. b. The person makes Makes a settlement for or enters 19 a credit, based upon any false weight or measurement, for any 20 commodity purchased. 21 3. c. The person makes Makes a settlement for or enters 22 a credit, based upon any false weight or measurement, for any 23 labor where the price of producing or mining is determined by 24 weight or measure. 25 4. d. The person records Records a false weight or 26 measurement upon the weight ticket or book. 27 2. The department may adopt rules pursuant to chapter 17A 28 that allow for reasonable variations and exceptions for small 29 packages. 30 3. A person who violates this section is guilty of a simple 31 misdemeanor. 32 Sec. 17. Section 215.23, Code 2021, is amended to read as 33 follows: 34 215.23 Servicer’s license. 35 -6- SF 578 (3) 89 da/ns 6/ 8

S.F. 578 1. A servicer shall not install, service, or repair a 1 commercial weighing and measuring device until the servicer 2 has demonstrated that the servicer has available adequate 3 testing equipment, and that the servicer possesses a working 4 knowledge of all devices the servicer intends to install or 5 repair and of all appropriate weights, measures, statutes, and 6 rules, as evidenced by passing a qualifying examination to 7 be conducted by the department and obtaining a license. The 8 secretary of agriculture shall establish by rule pursuant to 9 chapter 17A , requirements for and contents of the examination. 10 The department may adopt rules pursuant to chapter 17A setting 11 forth qualification requirements for persons applying for a 12 servicer’s license, including an examination. 13 2. In determining these a servicer’s qualifications, the 14 secretary shall department may consider the specifications 15 of the United States national institute of standards and 16 technology, handbook 44, “Specifications, Tolerances, and 17 Technical Requirements for Weighing and Measuring Devices”, 18 or the current successor or equivalent specifications adopted 19 by the United States national institute of standards and 20 technology. 21 3. The secretary shall department may require an annual the 22 payment of a license fee of not more than five dollars for an 23 amount established by rule for each license issued under this 24 section . 25 4. Each A license shall expire one year two years from its 26 date of issuance. 27 Sec. 18. REPEAL. Sections 215.3 and 215.8, Code 2021, are 28 repealed. 29 DIVISION V 30 FARM FOOD STUDY 31 Sec. 19. FARM-TO-TABLE TASK FORCE. 32 1. The Iowa cooperative extension service in agriculture 33 and home economics of Iowa state university of science and 34 technology, in cooperation with the department of agriculture 35 -7- SF 578 (3) 89 da/ns 7/ 8

S.F. 578 and land stewardship, shall establish a farm-to-table task 1 force. 2 2. The purpose of the task force is to recommend how 3 institutional purchasers, including schools, may be provided 4 with long-term practical options to routinely acquire fresh 5 food derived from locally or regionally produced and processed 6 farm commodities, including meat, poultry, fish, and dairy 7 products; eggs; vegetables; fruits; nuts; and honey. 8 3. The task force shall consider methods to do all of the 9 following: 10 a. Improve direct farmer to consumer transactions. 11 b. Better integrate existing public and private procurement 12 and nutritional programs, including but not limited to the 13 farm-to-school program as provided in chapter 190A; the from 14 farm to food donation tax credit as provided in chapter 190B, 15 subchapter I; the Iowa emergency food purchase program as 16 provided in chapter 190B, subchapter II; and the local food and 17 farm program as provided in chapter 267A. 18 4. a. The task force shall be jointly chaired by the vice 19 president for extension and outreach of Iowa state university 20 of science and technology, or a designee; and the secretary of 21 agriculture, or a designee. The chairpersons of the task force 22 shall appoint remaining voting members to serve on the task 23 force. 24 b. The Iowa cooperative extension service in agriculture 25 and home economics shall provide meeting rooms, materials, and 26 staffing services for the task force. 27 5. The task force shall prepare and submit a report to 28 the governor and general assembly not later than December 10, 29 2021. The report shall include findings and recommendations, 30 including any proposed legislation, and a suggested timeline 31 for implementation of the task force’s recommendations. 32 6. This section is repealed December 11, 2021. 33 -8- SF 578 (3) 89 da/ns 8/ 8