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Senate Study Bill 3172 - IntroducedA Bill ForAn Act 1relating to the powers and duties of the department of
2agriculture and land stewardship, including by providing for
3administration, programs, and regulations, providing fees,
4providing penalties, and making penalties applicable.
5BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1DIVISION I
2DEPARTMENTAL ORGANIZATION
3 Section 1. Section 159.5, subsection 7, Code 2020, is
4amended to read as follows:
57. Establish and maintain a marketing news service bureau
6in the department which shall, in cooperation with the
7federal market news and grading division Cooperate with the
8agricultural marketing service of the United States department
9of agriculture, to collect and disseminate data and information
10relative to the market prices and conditions of agricultural
11products raised, produced, and handled in the state.
12DIVISION II
13ANIMALS
14PART A
15COMMERCIAL ESTABLISHMENTS
16 Sec. 2. Section 162.2A, subsection 3, paragraph d, Code
172020, is amended by striking the paragraph.
18PART B
19ANIMAL HEALTH
20 Sec. 3. NEW SECTION. 163.2A Part — definitions.
21As used in this part, unless the context otherwise requires:
221. “Animal” means any livestock or agricultural animal as
23defined in section 717A.1.
242. “Interested person” means the owner of an animal; a
25person caring for the animal, if different from the owner of
26the animal; or a person holding a perfected agricultural lien
27or security interest in the animal under chapter 554.
28 Sec. 4. Section 163.3, Code 2020, is amended to read as
29follows:
30163.3 Veterinary and special assistants.
31The secretary or the secretary’s designee may appoint one
32or more veterinarians licensed pursuant to chapter 169 in each
33county as assistant veterinarians. The secretary may also
34appoint such one or more special assistants as may be necessary
35in cases of emergency, including as provided in section 163.3A.
-1-1 Sec. 5. Section 163.3A, subsection 1, Code 2020, is amended
2to read as follows:
31. The department may provide veterinary emergency
4preparedness and response services necessary to prevent or
5control a serious threat to the public health, public safety,
6or the state’s economy caused by the transmission of disease
7among livestock as defined in section 717.1 or agricultural
8 animals as defined in section 717A.1. The services may include
9measures necessary to ensure that all such animals carrying
10disease are properly identified, segregated, treated, or
11destroyed as provided in this Code.
12 Sec. 6. Section 163.3C, subsection 1, Code 2020, is amended
13by striking the subsection.
14 Sec. 7. Section 163.3C, subsection 2, unnumbered paragraph
151, Code 2020, is amended to read as follows:
16The department shall develop and establish a foreign animal
17disease preparedness and response strategy for use by the
18department in order to prevent, control, or eradicate the
19transmission of foreign animal diseases among populations
20of livestock animals. The strategy may be part of the
21department’s veterinary emergency preparedness and response
22services as provided in section 163.3A. The strategy shall
23provide additional expertise and resources to increase
24biosecurity efforts that assist in the prevention of a foreign
25animal disease outbreak in this state. In developing and
26establishing the strategy, the department shall consult with
27interested persons including but not limited to the following:
28 Sec. 8. Section 163.3C, subsection 3, Code 2020, is amended
29to read as follows:
303. The department shall implement the foreign animal
31disease preparedness and response strategy if necessary to
32prevent, control, or eradicate the transmission and incidence
33of foreign animal diseases that may threaten or actually
34threaten livestock animals in this state. In implementing
35the strategy, the department may utilize emergency response
-2-1measures as otherwise required under section 163.3A. The
2department may but is not required to consult with interested
3persons when implementing the strategy.
4 Sec. 9. NEW SECTION. 163.3D Emergency measures — abandoned
5animals — authorization and seizure.
61. a. The department may seize one or more abandoned
7animals pursuant to an authorization providing emergency
8measures to prevent or control the transmission of an
9infectious or contagious disease among any population or
10species of animals.
11b. The authorization must be any of the following:
12(1) A declaration or proclamation issued by the governor
13pursuant to chapter 29C, including as provided in section
14163.3A.
15(2) An order issued by the secretary or the secretary’s
16designee pursuant to a provision in this subtitle.
17(3) Any other provision of law in this subtitle that
18requires the department to control the transmission of an
19infectious or contagious disease among a population or species
20of animals in this state.
21c. If there is a conflict between a measure authorized to
22be taken under paragraph “a”, that is less restrictive than the
23standards or procedures provided in this section, the measures
24authorized to be taken under paragraph “a” shall prevail.
252. The department may appoint veterinary assistants or
26special assistants as provided in section 163.3 as required to
27administer this section.
283. It is presumed that an abandoned animal belonging to a
29species subject to emergency measures as provided in subsection
301 has been exposed to an infectious or contagious disease as
31provided in the authorization.
324. As part of the seizure of an abandoned animal, the
33department may take, impound, and retain custody of the animal,
34including by maintaining the animal in a manner and at a
35location determined by the department to be reasonable under
-3-1the emergency circumstances. The department may take action as
2provided in this subtitle to ensure that all animals exposed to
3an infectious or contagious disease are properly identified,
4tested, segregated, treated, or destroyed as provided in this
5subtitle.
65. a. The department may seize an animal if the department
7has a reasonable suspicion the animal has been abandoned,
8including by entering onto public or private property or into a
9private motor vehicle, trailer, or semitrailer parked on public
10or private property, as provided in this subsection.
11b. The department may enter onto private property or into
12a private motor vehicle, trailer, or semitrailer to seize an
13abandoned animal if the department obtains a search warrant
14issued by a court, or enters onto the premises in a manner
15consistent with the laws of this state and the United States,
16including Article I, section 8, of the Constitution of the
17State of Iowa, or the fourth amendment to the Constitution of
18the United States.
19c. An abandoned animal shall only be seized by the
20department pursuant to the following conditions:
21(1) The department provides written notice of its
22abandonment determination to all reasonably identifiable
23interested persons. The department shall make a good-faith
24effort to provide the notice to interested persons by regular
25mail, hand delivery, telephone, electronic mail, or other
26reasonable means. The notice shall include all of the
27following:
28(a) The name and address of the department.
29(b) A description of the animal subject to seizure.
30(c) The delivery date of the notice.
31(d) A statement informing the interested person that the
32animal may be seized pursuant to this chapter within one day
33following the delivery date of the notice. The statement
34must specify a date, time, and location for delivery of the
35interested person’s response designated by the department, as
-4-1provided in this subsection.
2(e) A statement informing the interested person that in
3order to avoid seizure of the animal, the person must respond
4to the notice in writing, stating that the animal has not been
5abandoned and identifying what measures are being taken to care
6for and manage the animal.
7(2) Notwithstanding subparagraph (1), if the department
8determines that it is not feasible to provide direct notice
9of its abandonment determination to an interested person,
10the department shall deliver a constructive notice of the
11determination to that person by any reasonable manner, which
12may include posting the notice at or near the place where
13the animal is located. The department shall also post the
14constructive notice on the department’s internet site.
15d. The department may seize the animal if the department
16fails to receive a written response by the interested person by
17the end of normal office hours of the next day the department
18is available to receive the response after written notice of
19the department’s abandonment determination is delivered.
20e. Upon a determination by the department that exigent
21circumstances exist, the department may enter onto private
22property without a warrant and may seize an abandoned animal,
23in a manner consistent with the laws of this state and
24the United States, including Article I, section 8, of the
25Constitution of the State of Iowa, or the fourth amendment to
26the Constitution of the United States.
276. If an animal is seized pursuant to this section, the
28department shall post a notice in a conspicuous place at the
29location where the animal was seized. The notice shall state
30the animal has been seized by the department pursuant to this
31section and at least briefly describe where and when the animal
32was seized, the species and number of animals seized, and that
33a dispositional proceeding is to be conducted pursuant to
34section 163.3E.
35 Sec. 10. NEW SECTION. 163.3E Emergency measures —
-5-1abandoned animals — dispositional proceeding.
21. a. The department shall file a petition with the
3district court for the disposition of an animal seized pursuant
4to section 163.3D as soon as practicable.
5b. The court shall notify the department and all interested
6persons of the dispositional proceeding in a manner determined
7reasonable by the court. The court shall hear the matter
8within twenty-four hours from the time the department’s
9petition is filed. The court may grant a continuance by a
10motion of the department or upon petition by an interested
11person. However, the interested person shall post a bond or
12other security with the department in an amount determined by
13the court, which shall not be more than the amount sufficient
14to provide for the maintenance of the animal for the duration
15of the continuance.
162. Upon a determination by the department that exigent
17circumstances exist, the dispositional proceeding may be
18conducted by an administrative law judge in the same manner
19as an emergency adjudicative proceeding pursuant to section
2017A.18A. The administrative law judge shall notify the
21department and all interested persons of the dispositional
22proceeding in a manner determined reasonable by the
23administrative law judge given the circumstances in the case.
24The procedures provided in this section may be supplemented
25or modified by a declaration or proclamation issued by the
26governor or an order issued by the secretary or the secretary’s
27designee pursuant to section 163.3D.
283. a. A court or administrative law judge shall issue an
29order for the disposition of the animal after making any of the
30following determinations:
31(1) That no interested person holds a legal interest in
32the seized animal. In that case, the animal shall be deemed
33abandoned and the order shall extinguish all prior legal
34interests in the animal. The order shall grant an undivided
35ownership interest in the animal free from any security
-6-1interest or other agricultural lien or encumbrance to the
2department.
3(2) That an interested person holds a legal interest in
4the seized animal, and the department has reasonable suspicion
5to believe that the animal has been exposed to an infectious
6or contagious disease. In that case, the order shall provide
7for the disposition of the animal in the same manner as if the
8department had identified the animal as having been exposed to
9the infectious or contagious disease under the authorization
10provided in section 163.3D.
11(3) That a person holds a legal interest in the seized
12animal, and there is no reasonable suspicion that the seized
13animal has been exposed to an infectious or contagious disease.
14In that case, the order shall direct the department to transfer
15custody of the animal to the interested person. In the event
16the animal is returned to the interested person, the department
17shall not be subject to any claim for damages caused by the
18seizure if the department’s actions were taken pursuant to
19the department’s emergency efforts to establish and maintain
20quarantine in response to a disease outbreak, as set forth in
21section 669.14, subsection 3.
22b. A reasonable suspicion asserted by the department may
23be based on any credible evidence that shows the animal’s
24possible exposure to an infectious or contagious disease or the
25animal was abandoned. This paragraph “b” does not require the
26department to conduct a test of an animal to determine whether
27an animal has been exposed.
28c. If two or more interested parties may be transferred
29custody of an animal by the department pursuant to paragraph
30“a”, subparagraph (3), the court or administrative law judge
31shall order the department to transfer the animal to the owner
32or otherwise to the interested person best able to care for the
33animal without prejudicing the rights of any other interested
34person. However, in any cause of action brought by an
35interested person contesting the order to transfer under this
-7-1subsection, the department shall not be included as a party.
24. a. In a dispositional proceeding conducted by a court or
3administrative law judge under this section, or in a separate
4cause of action brought by the department against an interested
5person, the court or administrative law judge may award the
6department all of the following:
7(1) An amount necessary to reimburse the department for
8expenses incurred in seizing and maintaining an abandoned
9animal as well as any costs for the disposition of the
10abandoned animal.
11(2) Expenses related to the investigation and adjudication
12of the case.
13b. In a dispositional proceeding conducted by a court under
14this section, or in a separate cause of action brought by the
15department against an interested person, the court may award
16the department court costs and reasonable attorney fees.
17c. An award ordered under this subsection shall be paid
18by an interested party who is transferred a seized animal by
19the court or administrative law judge, or the owner of the
20seized animal as determined by the court or administrative law
21judge. The amount awarded the department shall be subtracted
22from the proceeds, if any, received by the department from the
23disposition of the animal. Any amount awarded by a court shall
24be taxed as part of the costs of the cause of action.
25d. If more than one interested person holds a legal interest
26in the animal, the court or administrative law judge shall
27calculate the respective contributions of the interested
28persons based upon the percentage of legal interest in the
29seized animal held by each interested person. The amount paid
30to the department shall be sufficient to allow the department
31to repay the livestock remediation fund as provided in section
32459.501 and fully reimburse the department for all costs, fees,
33and expenses incurred by the department under this section.
34 Sec. 11. NEW SECTION. 163.3F Interference with official
35acts.
-8- 11. A person shall not interfere with an official act of the
2department taken in the performance of a duty to prevent or
3control the transmission of an infectious or contagious disease
4among a population or species of animals, if the official act
5is authorized as part of any of the following:
6a. A veterinary emergency preparedness and response service
7pursuant to section 163.3A.
8b. A foreign animal disease preparedness and response
9strategy pursuant to section 163.3C.
10c. An emergency measure pursuant to section 163.3D or
11163.3E.
122. Under this section, an official act of the department
13may be performed by a departmental employee, or a veterinary or
14special assistant appointed pursuant to section 163.3.
15 Sec. 12. Section 163.61, subsection 3, Code 2020, is amended
16by adding the following new paragraph:
17 NEW PARAGRAPH. c. A person who interferes with an official
18act as provided in section 163.3F shall be subject to a civil
19penalty of at least one hundred dollars but not more than ten
20thousand dollars. In the case of a continuing violation,
21each day of the continuing violation is a separate violation.
22However, a person shall not be subject to a civil penalty
23totaling more than two hundred fifty thousand dollars arising
24out of the same violation.
25 Sec. 13. Section 459.501, subsection 3, paragraph a, Code
262020, is amended by adding the following new subparagraph:
27 NEW SUBPARAGRAPH. (3) (a) To allocate moneys to the
28department of agriculture and land stewardship for the payment
29of expenses incurred by the department of agriculture and land
30stewardship associated with all of the following:
31(i) Providing for seizure of animals pursuant to sections
32169.3D and 169.3E.
33(ii) Court costs, reasonable attorney fees, and expenses
34related to the investigation and prosecution of the case
35arising from the seizure of animals.
-9- 1(b) The department of natural resources shall allocate
2any amount of unencumbered and unobligated moneys demanded in
3writing by the department of agriculture and land stewardship
4as provided in this subparagraph. The department of natural
5resources shall complete the allocation upon receiving the
6demand.
7(c) The department of agriculture and land stewardship
8shall repay the fund any amount received from an interested
9person pursuant to an order by a court in a dispositional
10proceeding conducted pursuant to section 163.3E.
11 Sec. 14. REPEAL. Section 166D.3, Code 2020, is repealed.
12 Sec. 15. CODE EDITOR DIRECTIVE.
131. The Code editor is directed to make the following
14transfer:
15Section 163.3 to section 163.3G.
162. The Code editor shall correct internal references in the
17Code and in any enacted legislation as necessary due to the
18enactment of this section.
19 Sec. 16. CODE EDITOR DIRECTIVE. The Code editor shall
20divide chapter 163, subchapter I, into parts, including
21sections 163.1 and 163.2 as part A, sections 163.2A through
22163.5, including sections amended or enacted as provided in
23this Act, as part B, and sections 163.6 through 163.25 as part
24C.
25DIVISION III
26COMMODITY PRODUCTION AND SALE
27PART A
28LOCAL FARM PRODUCE PROGRAM
29 Sec. 17. NEW SECTION. 190A.11 Definitions.
30As used in this subchapter, unless the context otherwise
31requires:
321. “Department” means the department of agriculture and land
33stewardship.
342. “Farm source” means a farmer who produces and sells fresh
35farm produce grown on the farmer’s land or a distributor of
-10-1fresh farm produce who purchases fresh farm produce directly
2from such farmer or sells fresh farm produce on behalf of such
3farmer.
43. “Fresh farm produce” means vegetables, fruits, or nuts
5intended for inclusion as part of a school diet, including
6school meals and snacks as described in section 190A.3, if the
7vegetables, fruits, or nuts are not processed except for being
8trimmed, cleaned, dried, sorted, or packaged.
94. “Fund” means the local farm produce fund created in
10section 190A.12.
115. “Program” means the local farm produce program created
12in section 190A.13.
136. “School” means a public school or nonpublic school, as
14those terms are defined in section 280.2, or that portion of a
15public school or nonpublic school that provides facilities for
16teaching any grade from kindergarten through grade twelve.
177. “School district” means a school district as described
18in chapter 274.
19 Sec. 18. NEW SECTION. 190A.12 Local farm produce fund.
201. A local farm produce fund is created in the state
21treasury under the management and control of the department.
222. The fund shall include moneys appropriated to the fund
23by the general assembly. The fund may include other moneys
24available to and obtained or accepted by the department,
25including moneys from public or private sources.
263. Moneys in the fund are appropriated to support the
27program in a manner determined by the department, including for
28reasonable administrative costs incurred by the department.
29Moneys expended from the fund shall not require further special
30authorization by the general assembly.
314. a. Notwithstanding section 12C.7, interest or earnings
32on moneys in the fund shall be credited to the fund.
33b. Notwithstanding section 8.33, moneys credited to the
34fund that remain unencumbered or unobligated at the end of a
35fiscal year shall not revert but shall remain available for the
-11-1purposes designated.
2 Sec. 19. NEW SECTION. 190A.13 Local farm produce program.
31. A local farm produce program is created. The program
4shall be controlled and administered by the department.
52. The purpose of the program is to assist schools and
6school districts in purchasing fresh farm produce.
73. The department shall reimburse a school or school
8district for expenditures incurred by the school or school
9district during the school year in which the school or school
10district is participating in the program for purchases of fresh
11farm produce.
124. A school or school district must apply each year to the
13department to participate in the program according to rules
14adopted by the department pursuant to chapter 17A.
155. To be eligible to participate in the program, a school or
16school district must purchase the fresh farm produce directly
17from a farm source as follows:
18a. Except as provided in paragraph “b”, the farm source must
19be located in this state.
20b. If the school district shares a border with another
21state, or the school is part of a school district that shares
22a border with another state, the farm source may be located
23in the other state. However, the food source must be located
24within thirty miles from the school district’s border with that
25state and the department must approve the purchase.
266. The department shall require proof of purchase prior to
27reimbursing the school or school district for the purchase of
28fresh farm produce.
297. The department may administer the program in cooperation
30with the department of education and the participating school
31district or school district in which a participating school is
32located.
338. a. The department shall reimburse a participating
34school or school district that submits a claim as required
35by the department. The department shall pay the claim on a
-12-1matching basis with the department contributing one dollar
2for every three dollars expended by the school or school
3district. However, a school or school district shall not
4receive more than one thousand dollars during any year in which
5it participates in the program.
6b. Notwithstanding paragraph “a”, if the department
7determines that there are sufficient moneys in the fund to
8satisfy all claims that may be submitted by schools and school
9districts, the department shall provide for the distribution
10of the available moneys in a manner determined equitable by
11the department, which may include a prorated distribution to
12participating schools and school districts.
13PART B
14FERTILIZERS AND SOIL CONDITIONERS
15 Sec. 20. Section 200.3, subsection 24, Code 2020, is amended
16by striking the subsection.
17 Sec. 21. Section 200.14, Code 2020, is amended to read as
18follows:
19200.14 Rules.
201. a. The secretary is authorized, after public hearing,
21following due notice, to department may adopt rules setting
22forth pursuant to chapter 17A providing minimum general
23safety standards for the design, construction, location,
24installation, and operation of equipment for storage, handling,
25transportation by tank truck or tank trailer, and utilization
26of anhydrous ammonia fertilizers and soil conditioners.
27a. b. The rules shall be such as are reasonably necessary
28for the protection and safety of the public and persons using
29anhydrous ammonia fertilizers or soil conditioners, and shall
30be in substantial conformity with the generally accepted
31standards of safety.
32b. Rules that are in substantial conformity with the
33published standards of the agricultural ammonia institute for
34the design, installation and construction of containers and
35pertinent equipment for the storage and handling of anhydrous
-13-1ammonia, shall be deemed to be in substantial conformity with
2the generally accepted standards of safety.
32. c. Anhydrous ammonia Fertilizer and soil conditioner
4 equipment shall be installed and maintained in a safe operating
5condition and in conformity with rules adopted by the secretary
6 department.
73. 2. The secretary shall enforce this chapter and, after
8due publicity and due public hearing, department may adopt such
9reasonable rules as may be necessary in order to carry into
10effect the purpose, and intent and to secure the efficient
11administration, of this chapter.
124. 3. This chapter does not prohibit the use of storage
13tanks smaller than transporting tanks nor the transfer of all
14kinds of fertilizer including anhydrous ammonia fertilizers
15or soil conditioners directly from transporting tanks to
16implements of husbandry, if proper safety precautions are
17observed.
18DIVISION IV
19WEIGHTS AND MEASURES
20PART A
21GENERAL
22 Sec. 22. Section 214.1, Code 2020, is amended by adding the
23following new subsection:
24 NEW SUBSECTION. 7. “Weighmaster” means a person who keeps
25and regularly uses a commercial weighing and measuring device
26to accurately weigh objects for others as part of the person’s
27business operated on a profit, cooperative, or nonprofit basis.
28 Sec. 23. Section 214.3, subsection 1, Code 2020, is amended
29to read as follows:
301. The A license issued by the department for the inspection
31of a commercial weighing and measuring device shall expire on
32December 31 of each year, and for a motor fuel pump on June 30
33of each year. The amount of the fee due for each license shall
34be as provided in subsection 3, except that the fee for a motor
35fuel pump shall be four dollars and fifty cents if paid within
-14-1one month from the date the license is due.
2 Sec. 24. Section 214.3, subsection 3, paragraph e,
3subparagraph (2), Code 2020, is amended to read as follows:
4(2) Retail motor fuel pump, nine four dollars and fifty
5cents.
6 Sec. 25. Section 214.4, subsection 1, unnumbered paragraph
71, Code 2020, is amended to read as follows:
8If the department does not receive payment of the license
9fee required pursuant to section 214.3 within one month from
10the due date, the department shall send deliver a notice to
11the owner or operator of the device. The notice shall be
12delivered by certified mail. The notice shall state all of the
13following:
14 Sec. 26. Section 214.6, Code 2020, is amended to read as
15follows:
16214.6 Oath Duties of weighmasters weighmaster.
17All persons keeping a commercial weighing and measuring
18device, before entering upon their duties as weighmasters, A
19weighmaster shall be sworn before some person having authority
20to administer oaths, to keep their ensure that a commercial
21weighing and measuring device is correctly balanced, to make
22true weights, and to shall render a correct account to the
23person having weighing done.
24 Sec. 27. Section 214.11, Code 2020, is amended to read as
25follows:
26214.11 Inspections — recalibrations — penalty.
271. The department shall provide for annual inspections
28of all motor fuel pumps, including but not limited to motor
29fuel blender pumps, licensed under this chapter. Inspections
30shall be for the purpose of determining the accuracy of the
31pumps’ measuring mechanisms, and for such and correctness of
32motor fuel pumps. For that purpose the department’s inspectors
33may enter upon the premises of any wholesale dealer or retail
34dealer, as they are defined in section 214A.1, of motor fuel
35or fuel oil within this state.
-15- 12. Upon completion of an inspection, the inspector shall
2affix the department’s seal to the measuring mechanism of the
3motor fuel pump. The seal shall be appropriately marked,
4dated, and recorded by the inspector. If the owner of an
5inspected and sealed motor fuel pump is registered with the
6department as a servicer in accordance with section 215.23,
7or employs a person so registered as a servicer, the owner
8or other servicer may open the motor fuel pump, break the
9department’s seal, recalibrate the measuring mechanism if
10necessary, and reseal the motor fuel pump as long as the
11department is notified of the recalibration within forty-eight
12hours, on a form in a manner provided by the department.
132. 3. A person violating a provision of this section is,
14upon conviction, guilty of a simple misdemeanor.
15PART B
16MOTOR FUEL
17 Sec. 28. Section 214A.2A, subsection 1, Code 2020, is
18amended to read as follows:
191. Fuel which is sold or is kept, offered, or exposed for
20sale as kerosene shall be labeled as kerosene. The label
21shall include the word “kerosene” and a or the designation as
22either “K1” or “K2” “K1 kerosene”, and shall indicate that
23the kerosene is in compliance with the standard specification
24adopted by A.S.T.M. international specification D3699 (1982).
25 Sec. 29. REPEAL. Sections 214A.3 and 215A.15, Code 2020,
26are repealed.
27part c
28inspections
29 Sec. 30. Section 215.4, Code 2020, is amended to read as
30follows:
31215.4 Tag for inaccurate or incorrect device — reinspection
32— license fee.
33A commercial weighing and measuring device found to be
34inaccurate or incorrect upon inspection by the department
35shall be rejected or tagged “condemned until repaired” and
-16-1the “licensed for commercial use” inspection sticker shall be
2removed. If notice is received by the department that the
3device has been repaired and upon reinspection the device is
4found to be accurate or correct, the a license fee shall not
5 may be charged for the reinspection. However, a second license
6fee shall be charged if upon reinspection the device is found
7to be inaccurate. The device shall be tagged “condemned” and
8removed from service if a third reinspection fails.
9 Sec. 31. Section 215.7, Code 2020, is amended to read as
10follows:
11215.7 Transactions by false weights or measures.
121. A person shall be deemed to have violated the provisions
13of this chapter and shall be punished as provided in chapter
14189, if the person does any of the following apply:
151. a. The person sells Sells, trades, delivers, charges
16for, or claims to have delivered to a purchaser an amount
17of any commodity which is less in weight or measure than
18that which is asked for, agreed upon, claimed to have been
19delivered, or noted on the delivery ticket.
202. b. The person makes Makes a settlement for or enters
21a credit, based upon any false weight or measurement, for any
22commodity purchased.
233. c. The person makes Makes a settlement for or enters
24a credit, based upon any false weight or measurement, for any
25labor where the price of producing or mining is determined by
26weight or measure.
274. d. The person records Records a false weight or
28measurement upon the weight ticket or book.
292. The department may adopt rules pursuant to chapter 17A
30that allow for reasonable variations and exceptions for small
31packages.
323. A person who violates this section is guilty of a simple
33misdemeanor.
34 Sec. 32. Section 215.23, Code 2020, is amended to read as
35follows:
-17- 1215.23 Servicer’s license.
21. A servicer shall not install, service, or repair a
3commercial weighing and measuring device until the servicer
4has demonstrated that the servicer has available adequate
5testing equipment, and that the servicer possesses a working
6knowledge of all devices the servicer intends to install or
7repair and of all appropriate weights, measures, statutes, and
8rules, as evidenced by passing a qualifying examination to
9be conducted by the department and obtaining a license. The
10secretary of agriculture shall establish by rule pursuant to
11chapter 17A, requirements for and contents of the examination.
12 The department may adopt rules pursuant to chapter 17A setting
13forth qualification requirements for persons applying for a
14servicer’s license, including an examination.
152. In determining these a servicer’s qualifications, the
16secretary shall department may consider the specifications
17of the United States national institute of standards and
18technology, handbook 44, “Specifications, Tolerances, and
19Technical Requirements for Weighing and Measuring Devices”,
20or the current successor or equivalent specifications adopted
21by the United States national institute of standards and
22technology.
233. The secretary shall department may require an annual the
24payment of license fee of not more than five dollars for an
25amount established by rule for each license issued under this
26section.
274. Each A license shall expire one year two years from its
28 date of issuance.
29 Sec. 33. REPEAL. Sections 215.3 and 215.8, Code 2020, are
30repealed.
31EXPLANATION
32The inclusion of this explanation does not constitute agreement with
33the explanation’s substance by the members of the general assembly.
34GENERAL. This bill amends, enacts, or repeals a number
35of provisions administered or regulated by the department of
-18-1agriculture and land stewardship (DALS) as codified in Title V
2of the Code, including in subtitle 1, which includes a number
3of general provisions, subtitle 2, which includes provisions
4regulating animal industry, and subtitle 4, which provides for
5agricultural commodities and products in addition to related
6activities.
7SUBTITLE 1 — ADMINISTRATION. The bill eliminates a
8requirement that DALS maintain a marketing news service
9bureau, but retains a requirement that it cooperate with the
10agricultural marketing service of the United States department
11of agriculture (Code section 159.5).
12SUBTITLE 2 — COMMERCIAL ESTABLISHMENTS. The bill
13eliminates a requirement that an application form for the
14issuance or renewal of an authorization to operate a commercial
15establishment include the applicant’s identification number,
16which may be a tax identification number (Code section 162.2A).
17CONTROL OF CONTAGIOUS AND INFECTIOUS DISEASES. The bill
18provides that DALS may seize one or more abandoned animals
19pursuant to an authorization providing emergency measures
20to prevent or control the transmission of an infectious
21or contagious disease (disease) among livestock or other
22agricultural animals (animals) that have been abandoned.
23The authorization may be made pursuant to a declaration or
24proclamation issued by the governor, an order issued by the
25secretary of agriculture, or another provision of law. As
26part of a seizure, DALS may seize and maintain the animal upon
27providing notice of the abandonment to identifiable interested
28persons (an owner or secured creditor). The disposition
29of the seized animal must be made by a court, unless DALS
30determines that exigent circumstances exist. In that case, the
31dispositional proceeding may be conducted by an administrative
32law judge. The court or administrative law judge may award
33DALS expenses and costs. DALS may use moneys available in the
34livestock remediation fund (Code section 459.501) to pay for
35expenses related to the seizure. Moneys in the fund may also
-19-1be used to pay for court costs, reasonable attorney fees, and
2expenses related to the investigation and prosecution of the
3case arising from the seizure.
4The bill prohibits a person from interfering with an
5official act of DALS taken in the performance of a duty to
6prevent or control the transmission of a disease, if the action
7is related to a veterinary emergency preparedness and response
8service (Code section 163.3A), a foreign animal disease
9preparedness and response strategy (Code section 163.3C), or an
10emergency measure as provided in the bill (Code section 163.3D
11or 163.3E). A person who violates the provision is subject to
12a civil penalty of at least $100 but not more than $10,000,
13with each day of the offense constituting a separate violation,
14so long as the total amount does not exceed $250,000 (Code
15section 163.61).
16STATE PSEUDORABIES ADVISORY COMMITTEE. The bill eliminates
17the state pseudorabies advisory committee. The committee was
18established in 1989 during the outbreak of the disease to
19provide education to persons interested in pork production, to
20advise the department, and to maintain communication with other
21states and organizations (Code section 166D.3).
22SUBTITLE 4 — LOCAL FARM PRODUCE PROGRAM. The bill creates
23a local farm produce program to assist schools and school
24districts purchasing fresh farm produce directly from farmers
25or distributors of fresh farm produce (Code chapter 190A).
26 DALS may reimburse a school or school district for expenditures
27on such products to the extent moneys are available to support
28the program. The available moneys would be allocated during
29the school year on a matching basis, subject to a $1,000 cap.
30The bill also creates a local farm produce fund to support the
31program.
32FERTILIZERS AND SOIL CONDITIONERS. The bill authorizes DALS
33to adopt rules regulating the design, construction, location,
34installation, and operation of equipment associated with
35the use of fertilizers and soil conditioners (Code sections
-20-1200.3 and 200.14). Current law allows DALS to adopt such
2rules regulating anhydrous ammonia equipment. The bill also
3eliminates a requirement that such rules be in conformity with
4the published standards of the agricultural ammonia institute.
5A person violating such rules is guilty of a simple misdemeanor
6(Code section 200.18).
7WEIGHTS AND MEASURES (GENERAL). The bill amends a number
8of provisions regulating weights and measures, including the
9inspection of associated devices. The bill reduces the fee
10for the inspection of motor fuel pumps from $9 to $4.50 (the
11same amount due under current law if the inspection fee is paid
12early) (Code section 214.3). The bill no longer requires that
13DALS deliver a late payment notice to an owner or operator of
14a device by certified mail (Code section 214.4). The bill
15eliminates a requirement that a weighmaster (a person who keeps
16and uses a device as part of a business) must take an oath (Code
17sections 214.1 and 214.6).
18WEIGHTS AND MEASURES (MOTOR FUEL). The bill revises
19requirements for the labeling of kerosene (Code section
20214A.2A). The bill repeals a provision providing for the
21advertising of motor fuel (Code section 214A.3). The bill also
22repeals a provision prohibiting a person from placing gasoline
23into a receptacle, unless the receptacle states a warning (Code
24section 214A.15).
25WEIGHTS AND MEASURES (INSPECTIONS). The bill provides that
26DALS may but is no longer required to charge a license fee for
27a device that has been taken out of service due to a repair
28and reinspected (Code section 215.4). The bill allows DALS
29to make an exception in a case where a commercial transaction
30involves a small package, and the person would otherwise be
31guilty of a simple misdemeanor because the person stated
32a false weight or measure (Code section 215.7). The bill
33provides for the regulation of a servicer (a person employed
34to install, service, or repair a device), by eliminating
35an examination requirement and allowing DALS to require
-21-1qualification standards which may include an examination
2(Code sections 215.1 and 215.23). The bill provides for a
3two-year rather than annual servicer license and allows DALS to
4establish the license fee. The annual license fee is currently
5$5. The bill eliminates a provision that allows DALS to charge
6a complaining party an inspection fee, if the complaint was
7unfounded (Code section 215.3). The bill repeals a provision
8that authorizes DALS to establish reasonable variances in the
9weighing and measuring of small packages (Code section 215.8).
10That qualification is incorporated in the amendments to the
11provision regulating small package transactions (Code section
12215.7).
13CRIMINAL PENALTIES. A simple misdemeanor is punishable by
14confinement for no more than 30 days or a fine of at least $65
15but not more than $625 or by both.
-22-da/ns
2agriculture and land stewardship, including by providing for
3administration, programs, and regulations, providing fees,
4providing penalties, and making penalties applicable.
5BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1DIVISION I
2DEPARTMENTAL ORGANIZATION
3 Section 1. Section 159.5, subsection 7, Code 2020, is
4amended to read as follows:
57. Establish and maintain a marketing news service bureau
6in the department which shall, in cooperation with the
7federal market news and grading division Cooperate with the
8agricultural marketing service of the United States department
9of agriculture, to collect and disseminate data and information
10relative to the market prices and conditions of agricultural
11products raised, produced, and handled in the state.
12DIVISION II
13ANIMALS
14PART A
15COMMERCIAL ESTABLISHMENTS
16 Sec. 2. Section 162.2A, subsection 3, paragraph d, Code
172020, is amended by striking the paragraph.
18PART B
19ANIMAL HEALTH
20 Sec. 3. NEW SECTION. 163.2A Part — definitions.
21As used in this part, unless the context otherwise requires:
221. “Animal” means any livestock or agricultural animal as
23defined in section 717A.1.
242. “Interested person” means the owner of an animal; a
25person caring for the animal, if different from the owner of
26the animal; or a person holding a perfected agricultural lien
27or security interest in the animal under chapter 554.
28 Sec. 4. Section 163.3, Code 2020, is amended to read as
29follows:
30163.3 Veterinary and special assistants.
31The secretary or the secretary’s designee may appoint one
32or more veterinarians licensed pursuant to chapter 169 in each
33county as assistant veterinarians. The secretary may also
34appoint such one or more special assistants as may be necessary
35in cases of emergency, including as provided in section 163.3A.
-1-1 Sec. 5. Section 163.3A, subsection 1, Code 2020, is amended
2to read as follows:
31. The department may provide veterinary emergency
4preparedness and response services necessary to prevent or
5control a serious threat to the public health, public safety,
6or the state’s economy caused by the transmission of disease
7among livestock as defined in section 717.1 or agricultural
8 animals as defined in section 717A.1. The services may include
9measures necessary to ensure that all such animals carrying
10disease are properly identified, segregated, treated, or
11destroyed as provided in this Code.
12 Sec. 6. Section 163.3C, subsection 1, Code 2020, is amended
13by striking the subsection.
14 Sec. 7. Section 163.3C, subsection 2, unnumbered paragraph
151, Code 2020, is amended to read as follows:
16The department shall develop and establish a foreign animal
17disease preparedness and response strategy for use by the
18department in order to prevent, control, or eradicate the
19transmission of foreign animal diseases among populations
20of livestock animals. The strategy may be part of the
21department’s veterinary emergency preparedness and response
22services as provided in section 163.3A. The strategy shall
23provide additional expertise and resources to increase
24biosecurity efforts that assist in the prevention of a foreign
25animal disease outbreak in this state. In developing and
26establishing the strategy, the department shall consult with
27interested persons including but not limited to the following:
28 Sec. 8. Section 163.3C, subsection 3, Code 2020, is amended
29to read as follows:
303. The department shall implement the foreign animal
31disease preparedness and response strategy if necessary to
32prevent, control, or eradicate the transmission and incidence
33of foreign animal diseases that may threaten or actually
34threaten livestock animals in this state. In implementing
35the strategy, the department may utilize emergency response
-2-1measures as otherwise required under section 163.3A. The
2department may but is not required to consult with interested
3persons when implementing the strategy.
4 Sec. 9. NEW SECTION. 163.3D Emergency measures — abandoned
5animals — authorization and seizure.
61. a. The department may seize one or more abandoned
7animals pursuant to an authorization providing emergency
8measures to prevent or control the transmission of an
9infectious or contagious disease among any population or
10species of animals.
11b. The authorization must be any of the following:
12(1) A declaration or proclamation issued by the governor
13pursuant to chapter 29C, including as provided in section
14163.3A.
15(2) An order issued by the secretary or the secretary’s
16designee pursuant to a provision in this subtitle.
17(3) Any other provision of law in this subtitle that
18requires the department to control the transmission of an
19infectious or contagious disease among a population or species
20of animals in this state.
21c. If there is a conflict between a measure authorized to
22be taken under paragraph “a”, that is less restrictive than the
23standards or procedures provided in this section, the measures
24authorized to be taken under paragraph “a” shall prevail.
252. The department may appoint veterinary assistants or
26special assistants as provided in section 163.3 as required to
27administer this section.
283. It is presumed that an abandoned animal belonging to a
29species subject to emergency measures as provided in subsection
301 has been exposed to an infectious or contagious disease as
31provided in the authorization.
324. As part of the seizure of an abandoned animal, the
33department may take, impound, and retain custody of the animal,
34including by maintaining the animal in a manner and at a
35location determined by the department to be reasonable under
-3-1the emergency circumstances. The department may take action as
2provided in this subtitle to ensure that all animals exposed to
3an infectious or contagious disease are properly identified,
4tested, segregated, treated, or destroyed as provided in this
5subtitle.
65. a. The department may seize an animal if the department
7has a reasonable suspicion the animal has been abandoned,
8including by entering onto public or private property or into a
9private motor vehicle, trailer, or semitrailer parked on public
10or private property, as provided in this subsection.
11b. The department may enter onto private property or into
12a private motor vehicle, trailer, or semitrailer to seize an
13abandoned animal if the department obtains a search warrant
14issued by a court, or enters onto the premises in a manner
15consistent with the laws of this state and the United States,
16including Article I, section 8, of the Constitution of the
17State of Iowa, or the fourth amendment to the Constitution of
18the United States.
19c. An abandoned animal shall only be seized by the
20department pursuant to the following conditions:
21(1) The department provides written notice of its
22abandonment determination to all reasonably identifiable
23interested persons. The department shall make a good-faith
24effort to provide the notice to interested persons by regular
25mail, hand delivery, telephone, electronic mail, or other
26reasonable means. The notice shall include all of the
27following:
28(a) The name and address of the department.
29(b) A description of the animal subject to seizure.
30(c) The delivery date of the notice.
31(d) A statement informing the interested person that the
32animal may be seized pursuant to this chapter within one day
33following the delivery date of the notice. The statement
34must specify a date, time, and location for delivery of the
35interested person’s response designated by the department, as
-4-1provided in this subsection.
2(e) A statement informing the interested person that in
3order to avoid seizure of the animal, the person must respond
4to the notice in writing, stating that the animal has not been
5abandoned and identifying what measures are being taken to care
6for and manage the animal.
7(2) Notwithstanding subparagraph (1), if the department
8determines that it is not feasible to provide direct notice
9of its abandonment determination to an interested person,
10the department shall deliver a constructive notice of the
11determination to that person by any reasonable manner, which
12may include posting the notice at or near the place where
13the animal is located. The department shall also post the
14constructive notice on the department’s internet site.
15d. The department may seize the animal if the department
16fails to receive a written response by the interested person by
17the end of normal office hours of the next day the department
18is available to receive the response after written notice of
19the department’s abandonment determination is delivered.
20e. Upon a determination by the department that exigent
21circumstances exist, the department may enter onto private
22property without a warrant and may seize an abandoned animal,
23in a manner consistent with the laws of this state and
24the United States, including Article I, section 8, of the
25Constitution of the State of Iowa, or the fourth amendment to
26the Constitution of the United States.
276. If an animal is seized pursuant to this section, the
28department shall post a notice in a conspicuous place at the
29location where the animal was seized. The notice shall state
30the animal has been seized by the department pursuant to this
31section and at least briefly describe where and when the animal
32was seized, the species and number of animals seized, and that
33a dispositional proceeding is to be conducted pursuant to
34section 163.3E.
35 Sec. 10. NEW SECTION. 163.3E Emergency measures —
-5-1abandoned animals — dispositional proceeding.
21. a. The department shall file a petition with the
3district court for the disposition of an animal seized pursuant
4to section 163.3D as soon as practicable.
5b. The court shall notify the department and all interested
6persons of the dispositional proceeding in a manner determined
7reasonable by the court. The court shall hear the matter
8within twenty-four hours from the time the department’s
9petition is filed. The court may grant a continuance by a
10motion of the department or upon petition by an interested
11person. However, the interested person shall post a bond or
12other security with the department in an amount determined by
13the court, which shall not be more than the amount sufficient
14to provide for the maintenance of the animal for the duration
15of the continuance.
162. Upon a determination by the department that exigent
17circumstances exist, the dispositional proceeding may be
18conducted by an administrative law judge in the same manner
19as an emergency adjudicative proceeding pursuant to section
2017A.18A. The administrative law judge shall notify the
21department and all interested persons of the dispositional
22proceeding in a manner determined reasonable by the
23administrative law judge given the circumstances in the case.
24The procedures provided in this section may be supplemented
25or modified by a declaration or proclamation issued by the
26governor or an order issued by the secretary or the secretary’s
27designee pursuant to section 163.3D.
283. a. A court or administrative law judge shall issue an
29order for the disposition of the animal after making any of the
30following determinations:
31(1) That no interested person holds a legal interest in
32the seized animal. In that case, the animal shall be deemed
33abandoned and the order shall extinguish all prior legal
34interests in the animal. The order shall grant an undivided
35ownership interest in the animal free from any security
-6-1interest or other agricultural lien or encumbrance to the
2department.
3(2) That an interested person holds a legal interest in
4the seized animal, and the department has reasonable suspicion
5to believe that the animal has been exposed to an infectious
6or contagious disease. In that case, the order shall provide
7for the disposition of the animal in the same manner as if the
8department had identified the animal as having been exposed to
9the infectious or contagious disease under the authorization
10provided in section 163.3D.
11(3) That a person holds a legal interest in the seized
12animal, and there is no reasonable suspicion that the seized
13animal has been exposed to an infectious or contagious disease.
14In that case, the order shall direct the department to transfer
15custody of the animal to the interested person. In the event
16the animal is returned to the interested person, the department
17shall not be subject to any claim for damages caused by the
18seizure if the department’s actions were taken pursuant to
19the department’s emergency efforts to establish and maintain
20quarantine in response to a disease outbreak, as set forth in
21section 669.14, subsection 3.
22b. A reasonable suspicion asserted by the department may
23be based on any credible evidence that shows the animal’s
24possible exposure to an infectious or contagious disease or the
25animal was abandoned. This paragraph “b” does not require the
26department to conduct a test of an animal to determine whether
27an animal has been exposed.
28c. If two or more interested parties may be transferred
29custody of an animal by the department pursuant to paragraph
30“a”, subparagraph (3), the court or administrative law judge
31shall order the department to transfer the animal to the owner
32or otherwise to the interested person best able to care for the
33animal without prejudicing the rights of any other interested
34person. However, in any cause of action brought by an
35interested person contesting the order to transfer under this
-7-1subsection, the department shall not be included as a party.
24. a. In a dispositional proceeding conducted by a court or
3administrative law judge under this section, or in a separate
4cause of action brought by the department against an interested
5person, the court or administrative law judge may award the
6department all of the following:
7(1) An amount necessary to reimburse the department for
8expenses incurred in seizing and maintaining an abandoned
9animal as well as any costs for the disposition of the
10abandoned animal.
11(2) Expenses related to the investigation and adjudication
12of the case.
13b. In a dispositional proceeding conducted by a court under
14this section, or in a separate cause of action brought by the
15department against an interested person, the court may award
16the department court costs and reasonable attorney fees.
17c. An award ordered under this subsection shall be paid
18by an interested party who is transferred a seized animal by
19the court or administrative law judge, or the owner of the
20seized animal as determined by the court or administrative law
21judge. The amount awarded the department shall be subtracted
22from the proceeds, if any, received by the department from the
23disposition of the animal. Any amount awarded by a court shall
24be taxed as part of the costs of the cause of action.
25d. If more than one interested person holds a legal interest
26in the animal, the court or administrative law judge shall
27calculate the respective contributions of the interested
28persons based upon the percentage of legal interest in the
29seized animal held by each interested person. The amount paid
30to the department shall be sufficient to allow the department
31to repay the livestock remediation fund as provided in section
32459.501 and fully reimburse the department for all costs, fees,
33and expenses incurred by the department under this section.
34 Sec. 11. NEW SECTION. 163.3F Interference with official
35acts.
-8- 11. A person shall not interfere with an official act of the
2department taken in the performance of a duty to prevent or
3control the transmission of an infectious or contagious disease
4among a population or species of animals, if the official act
5is authorized as part of any of the following:
6a. A veterinary emergency preparedness and response service
7pursuant to section 163.3A.
8b. A foreign animal disease preparedness and response
9strategy pursuant to section 163.3C.
10c. An emergency measure pursuant to section 163.3D or
11163.3E.
122. Under this section, an official act of the department
13may be performed by a departmental employee, or a veterinary or
14special assistant appointed pursuant to section 163.3.
15 Sec. 12. Section 163.61, subsection 3, Code 2020, is amended
16by adding the following new paragraph:
17 NEW PARAGRAPH. c. A person who interferes with an official
18act as provided in section 163.3F shall be subject to a civil
19penalty of at least one hundred dollars but not more than ten
20thousand dollars. In the case of a continuing violation,
21each day of the continuing violation is a separate violation.
22However, a person shall not be subject to a civil penalty
23totaling more than two hundred fifty thousand dollars arising
24out of the same violation.
25 Sec. 13. Section 459.501, subsection 3, paragraph a, Code
262020, is amended by adding the following new subparagraph:
27 NEW SUBPARAGRAPH. (3) (a) To allocate moneys to the
28department of agriculture and land stewardship for the payment
29of expenses incurred by the department of agriculture and land
30stewardship associated with all of the following:
31(i) Providing for seizure of animals pursuant to sections
32169.3D and 169.3E.
33(ii) Court costs, reasonable attorney fees, and expenses
34related to the investigation and prosecution of the case
35arising from the seizure of animals.
-9- 1(b) The department of natural resources shall allocate
2any amount of unencumbered and unobligated moneys demanded in
3writing by the department of agriculture and land stewardship
4as provided in this subparagraph. The department of natural
5resources shall complete the allocation upon receiving the
6demand.
7(c) The department of agriculture and land stewardship
8shall repay the fund any amount received from an interested
9person pursuant to an order by a court in a dispositional
10proceeding conducted pursuant to section 163.3E.
11 Sec. 14. REPEAL. Section 166D.3, Code 2020, is repealed.
12 Sec. 15. CODE EDITOR DIRECTIVE.
131. The Code editor is directed to make the following
14transfer:
15Section 163.3 to section 163.3G.
162. The Code editor shall correct internal references in the
17Code and in any enacted legislation as necessary due to the
18enactment of this section.
19 Sec. 16. CODE EDITOR DIRECTIVE. The Code editor shall
20divide chapter 163, subchapter I, into parts, including
21sections 163.1 and 163.2 as part A, sections 163.2A through
22163.5, including sections amended or enacted as provided in
23this Act, as part B, and sections 163.6 through 163.25 as part
24C.
25DIVISION III
26COMMODITY PRODUCTION AND SALE
27PART A
28LOCAL FARM PRODUCE PROGRAM
29 Sec. 17. NEW SECTION. 190A.11 Definitions.
30As used in this subchapter, unless the context otherwise
31requires:
321. “Department” means the department of agriculture and land
33stewardship.
342. “Farm source” means a farmer who produces and sells fresh
35farm produce grown on the farmer’s land or a distributor of
-10-1fresh farm produce who purchases fresh farm produce directly
2from such farmer or sells fresh farm produce on behalf of such
3farmer.
43. “Fresh farm produce” means vegetables, fruits, or nuts
5intended for inclusion as part of a school diet, including
6school meals and snacks as described in section 190A.3, if the
7vegetables, fruits, or nuts are not processed except for being
8trimmed, cleaned, dried, sorted, or packaged.
94. “Fund” means the local farm produce fund created in
10section 190A.12.
115. “Program” means the local farm produce program created
12in section 190A.13.
136. “School” means a public school or nonpublic school, as
14those terms are defined in section 280.2, or that portion of a
15public school or nonpublic school that provides facilities for
16teaching any grade from kindergarten through grade twelve.
177. “School district” means a school district as described
18in chapter 274.
19 Sec. 18. NEW SECTION. 190A.12 Local farm produce fund.
201. A local farm produce fund is created in the state
21treasury under the management and control of the department.
222. The fund shall include moneys appropriated to the fund
23by the general assembly. The fund may include other moneys
24available to and obtained or accepted by the department,
25including moneys from public or private sources.
263. Moneys in the fund are appropriated to support the
27program in a manner determined by the department, including for
28reasonable administrative costs incurred by the department.
29Moneys expended from the fund shall not require further special
30authorization by the general assembly.
314. a. Notwithstanding section 12C.7, interest or earnings
32on moneys in the fund shall be credited to the fund.
33b. Notwithstanding section 8.33, moneys credited to the
34fund that remain unencumbered or unobligated at the end of a
35fiscal year shall not revert but shall remain available for the
-11-1purposes designated.
2 Sec. 19. NEW SECTION. 190A.13 Local farm produce program.
31. A local farm produce program is created. The program
4shall be controlled and administered by the department.
52. The purpose of the program is to assist schools and
6school districts in purchasing fresh farm produce.
73. The department shall reimburse a school or school
8district for expenditures incurred by the school or school
9district during the school year in which the school or school
10district is participating in the program for purchases of fresh
11farm produce.
124. A school or school district must apply each year to the
13department to participate in the program according to rules
14adopted by the department pursuant to chapter 17A.
155. To be eligible to participate in the program, a school or
16school district must purchase the fresh farm produce directly
17from a farm source as follows:
18a. Except as provided in paragraph “b”, the farm source must
19be located in this state.
20b. If the school district shares a border with another
21state, or the school is part of a school district that shares
22a border with another state, the farm source may be located
23in the other state. However, the food source must be located
24within thirty miles from the school district’s border with that
25state and the department must approve the purchase.
266. The department shall require proof of purchase prior to
27reimbursing the school or school district for the purchase of
28fresh farm produce.
297. The department may administer the program in cooperation
30with the department of education and the participating school
31district or school district in which a participating school is
32located.
338. a. The department shall reimburse a participating
34school or school district that submits a claim as required
35by the department. The department shall pay the claim on a
-12-1matching basis with the department contributing one dollar
2for every three dollars expended by the school or school
3district. However, a school or school district shall not
4receive more than one thousand dollars during any year in which
5it participates in the program.
6b. Notwithstanding paragraph “a”, if the department
7determines that there are sufficient moneys in the fund to
8satisfy all claims that may be submitted by schools and school
9districts, the department shall provide for the distribution
10of the available moneys in a manner determined equitable by
11the department, which may include a prorated distribution to
12participating schools and school districts.
13PART B
14FERTILIZERS AND SOIL CONDITIONERS
15 Sec. 20. Section 200.3, subsection 24, Code 2020, is amended
16by striking the subsection.
17 Sec. 21. Section 200.14, Code 2020, is amended to read as
18follows:
19200.14 Rules.
201. a. The secretary is authorized, after public hearing,
21following due notice, to department may adopt rules setting
22forth pursuant to chapter 17A providing minimum general
23safety standards for the design, construction, location,
24installation, and operation of equipment for storage, handling,
25transportation by tank truck or tank trailer, and utilization
26of anhydrous ammonia fertilizers and soil conditioners.
27a. b. The rules shall be such as are reasonably necessary
28for the protection and safety of the public and persons using
29anhydrous ammonia fertilizers or soil conditioners, and shall
30be in substantial conformity with the generally accepted
31standards of safety.
32b. Rules that are in substantial conformity with the
33published standards of the agricultural ammonia institute for
34the design, installation and construction of containers and
35pertinent equipment for the storage and handling of anhydrous
-13-1ammonia, shall be deemed to be in substantial conformity with
2the generally accepted standards of safety.
32. c. Anhydrous ammonia Fertilizer and soil conditioner
4 equipment shall be installed and maintained in a safe operating
5condition and in conformity with rules adopted by the secretary
6 department.
73. 2. The secretary shall enforce this chapter and, after
8due publicity and due public hearing, department may adopt such
9reasonable rules as may be necessary in order to carry into
10effect the purpose, and intent and to secure the efficient
11administration, of this chapter.
124. 3. This chapter does not prohibit the use of storage
13tanks smaller than transporting tanks nor the transfer of all
14kinds of fertilizer including anhydrous ammonia fertilizers
15or soil conditioners directly from transporting tanks to
16implements of husbandry, if proper safety precautions are
17observed.
18DIVISION IV
19WEIGHTS AND MEASURES
20PART A
21GENERAL
22 Sec. 22. Section 214.1, Code 2020, is amended by adding the
23following new subsection:
24 NEW SUBSECTION. 7. “Weighmaster” means a person who keeps
25and regularly uses a commercial weighing and measuring device
26to accurately weigh objects for others as part of the person’s
27business operated on a profit, cooperative, or nonprofit basis.
28 Sec. 23. Section 214.3, subsection 1, Code 2020, is amended
29to read as follows:
301. The A license issued by the department for the inspection
31of a commercial weighing and measuring device shall expire on
32December 31 of each year, and for a motor fuel pump on June 30
33of each year. The amount of the fee due for each license shall
34be as provided in subsection 3, except that the fee for a motor
35fuel pump shall be four dollars and fifty cents if paid within
-14-1one month from the date the license is due.
2 Sec. 24. Section 214.3, subsection 3, paragraph e,
3subparagraph (2), Code 2020, is amended to read as follows:
4(2) Retail motor fuel pump, nine four dollars and fifty
5cents.
6 Sec. 25. Section 214.4, subsection 1, unnumbered paragraph
71, Code 2020, is amended to read as follows:
8If the department does not receive payment of the license
9fee required pursuant to section 214.3 within one month from
10the due date, the department shall send deliver a notice to
11the owner or operator of the device. The notice shall be
12delivered by certified mail. The notice shall state all of the
13following:
14 Sec. 26. Section 214.6, Code 2020, is amended to read as
15follows:
16214.6 Oath Duties of weighmasters weighmaster.
17All persons keeping a commercial weighing and measuring
18device, before entering upon their duties as weighmasters, A
19weighmaster shall be sworn before some person having authority
20to administer oaths, to keep their ensure that a commercial
21weighing and measuring device is correctly balanced, to make
22true weights, and to shall render a correct account to the
23person having weighing done.
24 Sec. 27. Section 214.11, Code 2020, is amended to read as
25follows:
26214.11 Inspections — recalibrations — penalty.
271. The department shall provide for annual inspections
28of all motor fuel pumps, including but not limited to motor
29fuel blender pumps, licensed under this chapter. Inspections
30shall be for the purpose of determining the accuracy of the
31pumps’ measuring mechanisms, and for such and correctness of
32motor fuel pumps. For that purpose the department’s inspectors
33may enter upon the premises of any wholesale dealer or retail
34dealer, as they are defined in section 214A.1, of motor fuel
35or fuel oil within this state.
-15- 12. Upon completion of an inspection, the inspector shall
2affix the department’s seal to the measuring mechanism of the
3motor fuel pump. The seal shall be appropriately marked,
4dated, and recorded by the inspector. If the owner of an
5inspected and sealed motor fuel pump is registered with the
6department as a servicer in accordance with section 215.23,
7or employs a person so registered as a servicer, the owner
8or other servicer may open the motor fuel pump, break the
9department’s seal, recalibrate the measuring mechanism if
10necessary, and reseal the motor fuel pump as long as the
11department is notified of the recalibration within forty-eight
12hours, on a form in a manner provided by the department.
132. 3. A person violating a provision of this section is,
14upon conviction, guilty of a simple misdemeanor.
15PART B
16MOTOR FUEL
17 Sec. 28. Section 214A.2A, subsection 1, Code 2020, is
18amended to read as follows:
191. Fuel which is sold or is kept, offered, or exposed for
20sale as kerosene shall be labeled as kerosene. The label
21shall include the word “kerosene” and a or the designation as
22either “K1” or “K2” “K1 kerosene”, and shall indicate that
23the kerosene is in compliance with the standard specification
24adopted by A.S.T.M. international specification D3699 (1982).
25 Sec. 29. REPEAL. Sections 214A.3 and 215A.15, Code 2020,
26are repealed.
27part c
28inspections
29 Sec. 30. Section 215.4, Code 2020, is amended to read as
30follows:
31215.4 Tag for inaccurate or incorrect device — reinspection
32— license fee.
33A commercial weighing and measuring device found to be
34inaccurate or incorrect upon inspection by the department
35shall be rejected or tagged “condemned until repaired” and
-16-1the “licensed for commercial use” inspection sticker shall be
2removed. If notice is received by the department that the
3device has been repaired and upon reinspection the device is
4found to be accurate or correct, the a license fee shall not
5 may be charged for the reinspection. However, a second license
6fee shall be charged if upon reinspection the device is found
7to be inaccurate. The device shall be tagged “condemned” and
8removed from service if a third reinspection fails.
9 Sec. 31. Section 215.7, Code 2020, is amended to read as
10follows:
11215.7 Transactions by false weights or measures.
121. A person shall be deemed to have violated the provisions
13of this chapter and shall be punished as provided in chapter
14189, if the person does any of the following apply:
151. a. The person sells Sells, trades, delivers, charges
16for, or claims to have delivered to a purchaser an amount
17of any commodity which is less in weight or measure than
18that which is asked for, agreed upon, claimed to have been
19delivered, or noted on the delivery ticket.
202. b. The person makes Makes a settlement for or enters
21a credit, based upon any false weight or measurement, for any
22commodity purchased.
233. c. The person makes Makes a settlement for or enters
24a credit, based upon any false weight or measurement, for any
25labor where the price of producing or mining is determined by
26weight or measure.
274. d. The person records Records a false weight or
28measurement upon the weight ticket or book.
292. The department may adopt rules pursuant to chapter 17A
30that allow for reasonable variations and exceptions for small
31packages.
323. A person who violates this section is guilty of a simple
33misdemeanor.
34 Sec. 32. Section 215.23, Code 2020, is amended to read as
35follows:
-17- 1215.23 Servicer’s license.
21. A servicer shall not install, service, or repair a
3commercial weighing and measuring device until the servicer
4has demonstrated that the servicer has available adequate
5testing equipment, and that the servicer possesses a working
6knowledge of all devices the servicer intends to install or
7repair and of all appropriate weights, measures, statutes, and
8rules, as evidenced by passing a qualifying examination to
9be conducted by the department and obtaining a license. The
10secretary of agriculture shall establish by rule pursuant to
11chapter 17A, requirements for and contents of the examination.
12 The department may adopt rules pursuant to chapter 17A setting
13forth qualification requirements for persons applying for a
14servicer’s license, including an examination.
152. In determining these a servicer’s qualifications, the
16secretary shall department may consider the specifications
17of the United States national institute of standards and
18technology, handbook 44, “Specifications, Tolerances, and
19Technical Requirements for Weighing and Measuring Devices”,
20or the current successor or equivalent specifications adopted
21by the United States national institute of standards and
22technology.
233. The secretary shall department may require an annual the
24payment of license fee of not more than five dollars for an
25amount established by rule for each license issued under this
26section.
274. Each A license shall expire one year two years from its
28 date of issuance.
29 Sec. 33. REPEAL. Sections 215.3 and 215.8, Code 2020, are
30repealed.
31EXPLANATION
32The inclusion of this explanation does not constitute agreement with
33the explanation’s substance by the members of the general assembly.
34GENERAL. This bill amends, enacts, or repeals a number
35of provisions administered or regulated by the department of
-18-1agriculture and land stewardship (DALS) as codified in Title V
2of the Code, including in subtitle 1, which includes a number
3of general provisions, subtitle 2, which includes provisions
4regulating animal industry, and subtitle 4, which provides for
5agricultural commodities and products in addition to related
6activities.
7SUBTITLE 1 — ADMINISTRATION. The bill eliminates a
8requirement that DALS maintain a marketing news service
9bureau, but retains a requirement that it cooperate with the
10agricultural marketing service of the United States department
11of agriculture (Code section 159.5).
12SUBTITLE 2 — COMMERCIAL ESTABLISHMENTS. The bill
13eliminates a requirement that an application form for the
14issuance or renewal of an authorization to operate a commercial
15establishment include the applicant’s identification number,
16which may be a tax identification number (Code section 162.2A).
17CONTROL OF CONTAGIOUS AND INFECTIOUS DISEASES. The bill
18provides that DALS may seize one or more abandoned animals
19pursuant to an authorization providing emergency measures
20to prevent or control the transmission of an infectious
21or contagious disease (disease) among livestock or other
22agricultural animals (animals) that have been abandoned.
23The authorization may be made pursuant to a declaration or
24proclamation issued by the governor, an order issued by the
25secretary of agriculture, or another provision of law. As
26part of a seizure, DALS may seize and maintain the animal upon
27providing notice of the abandonment to identifiable interested
28persons (an owner or secured creditor). The disposition
29of the seized animal must be made by a court, unless DALS
30determines that exigent circumstances exist. In that case, the
31dispositional proceeding may be conducted by an administrative
32law judge. The court or administrative law judge may award
33DALS expenses and costs. DALS may use moneys available in the
34livestock remediation fund (Code section 459.501) to pay for
35expenses related to the seizure. Moneys in the fund may also
-19-1be used to pay for court costs, reasonable attorney fees, and
2expenses related to the investigation and prosecution of the
3case arising from the seizure.
4The bill prohibits a person from interfering with an
5official act of DALS taken in the performance of a duty to
6prevent or control the transmission of a disease, if the action
7is related to a veterinary emergency preparedness and response
8service (Code section 163.3A), a foreign animal disease
9preparedness and response strategy (Code section 163.3C), or an
10emergency measure as provided in the bill (Code section 163.3D
11or 163.3E). A person who violates the provision is subject to
12a civil penalty of at least $100 but not more than $10,000,
13with each day of the offense constituting a separate violation,
14so long as the total amount does not exceed $250,000 (Code
15section 163.61).
16STATE PSEUDORABIES ADVISORY COMMITTEE. The bill eliminates
17the state pseudorabies advisory committee. The committee was
18established in 1989 during the outbreak of the disease to
19provide education to persons interested in pork production, to
20advise the department, and to maintain communication with other
21states and organizations (Code section 166D.3).
22SUBTITLE 4 — LOCAL FARM PRODUCE PROGRAM. The bill creates
23a local farm produce program to assist schools and school
24districts purchasing fresh farm produce directly from farmers
25or distributors of fresh farm produce (Code chapter 190A).
26 DALS may reimburse a school or school district for expenditures
27on such products to the extent moneys are available to support
28the program. The available moneys would be allocated during
29the school year on a matching basis, subject to a $1,000 cap.
30The bill also creates a local farm produce fund to support the
31program.
32FERTILIZERS AND SOIL CONDITIONERS. The bill authorizes DALS
33to adopt rules regulating the design, construction, location,
34installation, and operation of equipment associated with
35the use of fertilizers and soil conditioners (Code sections
-20-1200.3 and 200.14). Current law allows DALS to adopt such
2rules regulating anhydrous ammonia equipment. The bill also
3eliminates a requirement that such rules be in conformity with
4the published standards of the agricultural ammonia institute.
5A person violating such rules is guilty of a simple misdemeanor
6(Code section 200.18).
7WEIGHTS AND MEASURES (GENERAL). The bill amends a number
8of provisions regulating weights and measures, including the
9inspection of associated devices. The bill reduces the fee
10for the inspection of motor fuel pumps from $9 to $4.50 (the
11same amount due under current law if the inspection fee is paid
12early) (Code section 214.3). The bill no longer requires that
13DALS deliver a late payment notice to an owner or operator of
14a device by certified mail (Code section 214.4). The bill
15eliminates a requirement that a weighmaster (a person who keeps
16and uses a device as part of a business) must take an oath (Code
17sections 214.1 and 214.6).
18WEIGHTS AND MEASURES (MOTOR FUEL). The bill revises
19requirements for the labeling of kerosene (Code section
20214A.2A). The bill repeals a provision providing for the
21advertising of motor fuel (Code section 214A.3). The bill also
22repeals a provision prohibiting a person from placing gasoline
23into a receptacle, unless the receptacle states a warning (Code
24section 214A.15).
25WEIGHTS AND MEASURES (INSPECTIONS). The bill provides that
26DALS may but is no longer required to charge a license fee for
27a device that has been taken out of service due to a repair
28and reinspected (Code section 215.4). The bill allows DALS
29to make an exception in a case where a commercial transaction
30involves a small package, and the person would otherwise be
31guilty of a simple misdemeanor because the person stated
32a false weight or measure (Code section 215.7). The bill
33provides for the regulation of a servicer (a person employed
34to install, service, or repair a device), by eliminating
35an examination requirement and allowing DALS to require
-21-1qualification standards which may include an examination
2(Code sections 215.1 and 215.23). The bill provides for a
3two-year rather than annual servicer license and allows DALS to
4establish the license fee. The annual license fee is currently
5$5. The bill eliminates a provision that allows DALS to charge
6a complaining party an inspection fee, if the complaint was
7unfounded (Code section 215.3). The bill repeals a provision
8that authorizes DALS to establish reasonable variances in the
9weighing and measuring of small packages (Code section 215.8).
10That qualification is incorporated in the amendments to the
11provision regulating small package transactions (Code section
12215.7).
13CRIMINAL PENALTIES. A simple misdemeanor is punishable by
14confinement for no more than 30 days or a fine of at least $65
15but not more than $625 or by both.
-22-da/ns