Print
Senate File 2413 - IntroducedA Bill ForAn Act 1relating to agriculture and the powers and duties of the
2department of agriculture and land stewardship, including
3by providing for administration, programs, and regulations,
4providing fees, providing penalties, making penalties
5applicable, and including effective date provisions.
6BE 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.
12 Sec. 2. EFFECTIVE DATE. This division of this Act, being
13deemed of immediate importance, takes effect upon enactment.
14DIVISION II
15ANIMALS
16PART A
17COMMERCIAL ESTABLISHMENTS
18 Sec. 3. Section 162.2A, subsection 3, paragraph d, Code
192020, is amended by striking the paragraph.
20PART B
21ANIMAL HEALTH
22 Sec. 4. NEW SECTION. 163.2A Part — definitions.
23As used in this part, unless the context otherwise requires:
241. “Animal” means any livestock or agricultural animal as
25defined in section 717A.1.
262. “Interested person” means the owner of an animal; a
27person caring for the animal, if different from the owner of
28the animal; or a person holding a perfected agricultural lien
29or security interest in the animal under chapter 554.
30 Sec. 5. Section 163.3, Code 2020, is amended to read as
31follows:
32163.3 Veterinary and special assistants.
33The secretary or the secretary’s designee may appoint one
34or more veterinarians licensed pursuant to chapter 169 in each
35county as assistant veterinarians. The secretary may also
-1-1appoint such one or more special assistants as may be necessary
2in cases of emergency, including as provided in section 163.3A.
3 Sec. 6. Section 163.3A, subsection 1, Code 2020, is amended
4to read as follows:
51. The department may provide veterinary emergency
6preparedness and response services necessary to prevent or
7control a serious threat to the public health, public safety,
8or the state’s economy caused by the transmission of disease
9among livestock as defined in section 717.1 or agricultural
10 animals as defined in section 717A.1. The services may include
11measures necessary to ensure that all such animals carrying
12disease are properly identified, segregated, treated, or
13destroyed as provided in this Code.
14 Sec. 7. Section 163.3C, subsection 1, Code 2020, is amended
15by striking the subsection.
16 Sec. 8. Section 163.3C, subsection 2, unnumbered paragraph
171, Code 2020, is amended to read as follows:
18The department shall develop and establish a foreign animal
19disease preparedness and response strategy for use by the
20department in order to prevent, control, or eradicate the
21transmission of foreign animal diseases among populations
22of livestock animals. The strategy may be part of the
23department’s veterinary emergency preparedness and response
24services as provided in section 163.3A. The strategy shall
25provide additional expertise and resources to increase
26biosecurity efforts that assist in the prevention of a foreign
27animal disease outbreak in this state. In developing and
28establishing the strategy, the department shall consult with
29interested persons including but not limited to the following:
30 Sec. 9. Section 163.3C, subsection 3, Code 2020, is amended
31to read as follows:
323. The department shall implement the foreign animal
33disease preparedness and response strategy if necessary to
34prevent, control, or eradicate the transmission and incidence
35of foreign animal diseases that may threaten or actually
-2-1threaten livestock animals in this state. In implementing
2the strategy, the department may utilize emergency response
3measures as otherwise required under section 163.3A. The
4department may but is not required to consult with interested
5persons when implementing the strategy.
6 Sec. 10. NEW SECTION. 163.3D Emergency measures —
7abandoned animals — authorization and seizure.
81. a. The department may seize one or more abandoned
9animals pursuant to an authorization providing emergency
10measures to prevent or control the transmission of an
11infectious or contagious disease among any population or
12species of animals.
13b. The authorization must be any of the following:
14(1) A declaration or proclamation issued by the governor
15pursuant to chapter 29C, including as provided in section
16163.3A.
17(2) An order issued by the secretary or the secretary’s
18designee pursuant to a provision in this subtitle.
19(3) Any other provision of law in this subtitle that
20requires the department to control the transmission of an
21infectious or contagious disease among a population or species
22of animals in this state.
23c. If there is a conflict between a measure authorized to
24be taken under paragraph “a”, that is less restrictive than the
25standards or procedures provided in this section, the measures
26authorized to be taken under paragraph “a” shall prevail.
272. The department may appoint veterinary assistants or
28special assistants as provided in section 163.3 as required to
29administer this section.
303. It is presumed that an abandoned animal belonging to a
31species subject to emergency measures as provided in subsection
321 has been exposed to an infectious or contagious disease as
33provided in the authorization.
344. As part of the seizure of an abandoned animal, the
35department may take, impound, and retain custody of the animal,
-3-1including by maintaining the animal in a manner and at a
2location determined by the department to be reasonable under
3the emergency circumstances. The department may take action as
4provided in this subtitle to ensure that all animals exposed to
5an infectious or contagious disease are properly identified,
6tested, segregated, treated, or destroyed as provided in this
7subtitle.
85. a. The department may seize an animal if the department
9has a reasonable suspicion the animal has been abandoned,
10including by entering onto public or private property or into a
11private motor vehicle, trailer, or semitrailer parked on public
12or private property, as provided in this subsection.
13b. The department may enter onto private property or into
14a private motor vehicle, trailer, or semitrailer to seize an
15abandoned animal if the department obtains a search warrant
16issued by a court, or enters onto the premises in a manner
17consistent with the laws of this state and the United States,
18including Article I, section 8, of the Constitution of the
19State of Iowa, or the fourth amendment to the Constitution of
20the United States.
21c. An abandoned animal shall only be seized by the
22department pursuant to the following conditions:
23(1) The department provides written notice of its
24abandonment determination to all reasonably identifiable
25interested persons. The department shall make a good-faith
26effort to provide the notice to interested persons by regular
27mail, hand delivery, telephone, electronic mail, or other
28reasonable means. The notice shall include all of the
29following:
30(a) The name and address of the department.
31(b) A description of the animal subject to seizure.
32(c) The delivery date of the notice.
33(d) A statement informing the interested person that the
34animal may be seized pursuant to this chapter within one day
35following the delivery date of the notice. The statement
-4-1must specify a date, time, and location for delivery of the
2interested person’s response designated by the department, as
3provided in this subsection.
4(e) A statement informing the interested person that in
5order to avoid seizure of the animal, the person must respond
6to the notice in writing, stating that the animal has not been
7abandoned and identifying what measures are being taken to care
8for and manage the animal.
9(2) Notwithstanding subparagraph (1), if the department
10determines that it is not feasible to provide direct notice
11of its abandonment determination to an interested person,
12the department shall deliver a constructive notice of the
13determination to that person by any reasonable manner, which
14may include posting the notice at or near the place where
15the animal is located. The department shall also post the
16constructive notice on the department’s internet site.
17d. The department may seize the animal if the department
18fails to receive a written response by the interested person by
19the end of normal office hours of the next day the department
20is available to receive the response after written notice of
21the department’s abandonment determination is delivered.
22e. Upon a determination by the department that exigent
23circumstances exist, the department may enter onto private
24property without a warrant and may seize an abandoned animal,
25in a manner consistent with the laws of this state and
26the United States, including Article I, section 8, of the
27Constitution of the State of Iowa, or the fourth amendment to
28the Constitution of the United States.
296. If an animal is seized pursuant to this section, the
30department shall post a notice in a conspicuous place at the
31location where the animal was seized. The notice shall state
32the animal has been seized by the department pursuant to this
33section and at least briefly describe where and when the animal
34was seized, the species and number of animals seized, and that
35a dispositional proceeding is to be conducted pursuant to
-5-1section 163.3E.
2 Sec. 11. NEW SECTION. 163.3E Emergency measures —
3abandoned animals — dispositional proceeding.
41. a. The department shall file a petition with the
5district court for the disposition of an animal seized pursuant
6to section 163.3D as soon as practicable.
7b. The court shall notify the department and all interested
8persons of the dispositional proceeding in a manner determined
9reasonable by the court. The court shall hear the matter
10within twenty-four hours from the time the department’s
11petition is filed. The court may grant a continuance by a
12motion of the department or upon petition by an interested
13person. However, the interested person shall post a bond or
14other security with the department in an amount determined by
15the court, which shall not be more than the amount sufficient
16to provide for the maintenance of the animal for the duration
17of the continuance.
182. Upon a determination by the department that exigent
19circumstances exist, the dispositional proceeding may be
20conducted by an administrative law judge in the same manner
21as an emergency adjudicative proceeding pursuant to section
2217A.18A. The administrative law judge shall notify the
23department and all interested persons of the dispositional
24proceeding in a manner determined reasonable by the
25administrative law judge given the circumstances in the case.
26The procedures provided in this section may be supplemented
27or modified by a declaration or proclamation issued by the
28governor or an order issued by the secretary or the secretary’s
29designee pursuant to section 163.3D.
303. a. A court or administrative law judge shall issue an
31order for the disposition of the animal after making any of the
32following determinations:
33(1) That no interested person holds a legal interest in
34the seized animal. In that case, the animal shall be deemed
35abandoned and the order shall extinguish all prior legal
-6-1interests in the animal. The order shall grant an undivided
2ownership interest in the animal free from any security
3interest or other agricultural lien or encumbrance to the
4department.
5(2) That an interested person holds a legal interest in
6the seized animal, and the department has reasonable suspicion
7to believe that the animal has been exposed to an infectious
8or contagious disease. In that case, the order shall provide
9for the disposition of the animal in the same manner as if the
10department had identified the animal as having been exposed to
11the infectious or contagious disease under the authorization
12provided in section 163.3D.
13(3) That a person holds a legal interest in the seized
14animal, and there is no reasonable suspicion that the seized
15animal has been exposed to an infectious or contagious disease.
16In that case, the order shall direct the department to transfer
17custody of the animal to the interested person. In the event
18the animal is returned to the interested person, the department
19shall not be subject to any claim for damages caused by the
20seizure if the department’s actions were taken pursuant to
21the department’s emergency efforts to establish and maintain
22quarantine in response to a disease outbreak, as set forth in
23section 669.14, subsection 3.
24b. A reasonable suspicion asserted by the department may
25be based on any credible evidence that shows the animal’s
26possible exposure to an infectious or contagious disease or the
27animal was abandoned. This paragraph “b” does not require the
28department to conduct a test of an animal to determine whether
29an animal has been exposed.
30c. If two or more interested parties may be transferred
31custody of an animal by the department pursuant to paragraph
32“a”, subparagraph (3), the court or administrative law judge
33shall order the department to transfer the animal to the owner
34or otherwise to the interested person best able to care for the
35animal without prejudicing the rights of any other interested
-7-1person. However, in any cause of action brought by an
2interested person contesting the order to transfer under this
3subsection, the department shall not be included as a party.
44. a. In a dispositional proceeding conducted by a court or
5administrative law judge under this section, or in a separate
6cause of action brought by the department against an interested
7person, the court or administrative law judge may award the
8department all of the following:
9(1) An amount necessary to reimburse the department for
10expenses incurred in seizing and maintaining an abandoned
11animal as well as any costs for the disposition of the
12abandoned animal.
13(2) Expenses related to the investigation and adjudication
14of the case.
15b. In a dispositional proceeding conducted by a court under
16this section, or in a separate cause of action brought by the
17department against an interested person, the court may award
18the department court costs and reasonable attorney fees.
19c. An award ordered under this subsection shall be paid
20by an interested party who is transferred a seized animal by
21the court or administrative law judge, or the owner of the
22seized animal as determined by the court or administrative law
23judge. The amount awarded the department shall be subtracted
24from the proceeds, if any, received by the department from the
25disposition of the animal. Any amount awarded by a court shall
26be taxed as part of the costs of the cause of action.
27d. If more than one interested person holds a legal interest
28in the animal, the court or administrative law judge shall
29calculate the respective contributions of the interested
30persons based upon the percentage of legal interest in the
31seized animal held by each interested person. The amount paid
32to the department shall be sufficient to allow the department
33to repay the livestock remediation fund as provided in section
34459.501 and fully reimburse the department for all costs, fees,
35and expenses incurred by the department under this section.
-8-1 Sec. 12. NEW SECTION. 163.3F Interference with official
2acts.
31. A person shall not interfere with an official act of the
4department taken in the performance of a duty to prevent or
5control the transmission of an infectious or contagious disease
6among a population or species of animals, if the official act
7is authorized as part of any of the following:
8a. A veterinary emergency preparedness and response service
9pursuant to section 163.3A.
10b. A foreign animal disease preparedness and response
11strategy pursuant to section 163.3C.
12c. An emergency measure pursuant to section 163.3D or
13163.3E.
142. Under this section, an official act of the department
15may be performed by a departmental employee, or a veterinary or
16special assistant appointed pursuant to section 163.3.
17 Sec. 13. NEW SECTION. 163.33 Feral swine.
181. “Feral swine” means any swine running at large.
192. A person shall not knowingly release swine to become
20feral swine.
213. Upon discovery of feral swine on public or private
22property, the department may destroy or order the destruction
23of the feral swine. However, the department shall not destroy
24the feral swine or order the feral swine’s destruction, unless
25the department concludes, after conducting a reasonable inquiry
26in the area where the feral swine is located, that the feral
27swine’s ownership cannot be determined. The department may
28call upon a peace officer or appropriate state or federal
29agency, including but not limited to the department of natural
30resources or the department of public safety, to enforce this
31section as set forth in section 159.16.
324. A person may destroy feral swine if the feral swine is
33on the person’s property or is damaging the person’s personal
34property. The person shall immediately notify the department
35of the destruction of the feral swine and allow for possible
-9-1testing of the feral swine by the department.
25. This section shall not be construed to limit the powers
3of the department otherwise granted by law.
4 Sec. 14. Section 163.61, subsection 3, Code 2020, is amended
5by adding the following new paragraph:
6 NEW PARAGRAPH. c. A person who interferes with an official
7act as provided in section 163.3F shall be subject to a civil
8penalty of at least one hundred dollars but not more than ten
9thousand dollars. In the case of a continuing violation,
10each day of the continuing violation is a separate violation.
11However, a person shall not be subject to a civil penalty
12totaling more than two hundred fifty thousand dollars arising
13out of the same violation.
14 Sec. 15. Section 459.501, subsection 3, paragraph a, Code
152020, is amended by adding the following new subparagraph:
16 NEW SUBPARAGRAPH. (3) (a) To allocate moneys to the
17department of agriculture and land stewardship for the payment
18of expenses incurred by the department of agriculture and land
19stewardship associated with all of the following:
20(i) Providing for seizure of animals pursuant to sections
21169.3D and 169.3E.
22(ii) Court costs, reasonable attorney fees, and expenses
23related to the investigation and prosecution of the case
24arising from the seizure of animals.
25(b) The department of natural resources shall allocate
26any amount of unencumbered and unobligated moneys demanded in
27writing by the department of agriculture and land stewardship
28as provided in this subparagraph. The department of natural
29resources shall complete the allocation upon receiving the
30demand.
31(c) The department of agriculture and land stewardship
32shall repay the fund any amount received from an interested
33person pursuant to an order by a court in a dispositional
34proceeding conducted pursuant to section 163.3E.
35 Sec. 16. REPEAL. Section 166D.3, Code 2020, is repealed.
-10-1 Sec. 17. CODE EDITOR DIRECTIVE.
21. The Code editor is directed to make the following
3transfer:
4Section 163.3 to section 163.3G.
52. The Code editor shall correct internal references in the
6Code and in any enacted legislation as necessary due to the
7enactment of this section.
8 Sec. 18. CODE EDITOR DIRECTIVE. The Code editor shall
9divide chapter 163, subchapter I, into parts, including
10sections 163.1 and 163.2 as part A, sections 163.2A through
11163.5, including sections amended or enacted as provided in
12this part of this division of this Act, as part B, and sections
13163.6 through 163.25 as part C.
14pART C
15FOOD aNIMALS
16 Sec. 19. NEW SECTION. 716.7A Food operation trespass.
171. As used in this section, unless the context otherwise
18requires:
19a. “Apiary” and “bee” mean the same as defined in section
20160.1A.
21b. “Food animal” means an animal belonging to the bovine,
22caprine, ovine, or porcine species; farm deer as defined in
23section 170.1; turkeys, chickens, or other poultry; fish or
24other aquatic organisms confined in private waters for human
25consumption; or bees.
26c. “Food establishment”, “food processing plant”, and
27“farmers market” mean the same as defined in section 137F.1.
28d. “Food operation” means any of the following:
29(1) A location where a food animal is produced, maintained,
30or otherwise housed or kept, or processed in any manner.
31(2) A location other than as described in subparagraph (1)
32where a food animal is kept, including an apiary, livestock
33market, vehicle or trailer attached to a vehicle, fair,
34exhibition, or a business operated by a person licensed to
35practice veterinary medicine pursuant to chapter 169.
-11- 1(3) A location where a meat food product, poultry product,
2milk or milk product, eggs or an egg product, aquatic product,
3or honey is prepared for human consumption, including a food
4processing plant, a slaughtering establishment operating under
5the provisions of 21 U.S.C. §451 et seq.or 21 U.S.C. §601
6et seq.; or a slaughtering establishment subject to state
7inspection as provided in chapter 189A.
8(4) A food establishment or farmers market that sells or
9offers for sale a meat food product, poultry product, milk
10or milk product, eggs or an egg product, aquatic product, or
11honey.
12e. “Meat food product”, “poultry product”, and “prepared”
13mean the same as defined in section 189A.2.
142. A person commits food operation trespass by entering
15or remaining on the property of a food operation without the
16consent of a person who has real or apparent authority to allow
17the person to enter or remain on the property.
183. Subsection 2 does not apply to any of the following:
19a. A person entering a right-of-way, if the person has not
20been notified or requested by posted signage or other means to
21abstain from entering onto the right-of-way or to vacate the
22right-of-way.
23b. A person having lawful authority to enter onto the
24property of the food operation, including but not limited to a
25federal, state, or local government official.
26c. A person who is given express permission by the owner of
27the food operation to enter onto or remain on the property of
28the food operation.
29d. A person employed by a food operation while acting in the
30course of employment.
31 Sec. 20. Section 716.8, Code 2020, is amended by adding the
32following new subsection:
33 NEW SUBSECTION. 8. a. For a first offense, a person who
34commits food operation trespass is guilty of an aggravated
35misdemeanor.
-12- 1b. For a second or subsequent offense, a person who commits
2food operation trespass is guilty of a class “D” felony.
3Part D
4effective date
5 Sec. 21. EFFECTIVE DATE. This division of this Act, being
6deemed of immediate importance, takes effect upon enactment.
7DIVISION III
8FERTILIZERS AND SOIL CONDITIONERS
9 Sec. 22. Section 200.3, subsection 24, Code 2020, is amended
10by striking the subsection.
11 Sec. 23. Section 200.14, Code 2020, is amended to read as
12follows:
13200.14 Rules.
141. a. The secretary is authorized, after public hearing,
15following due notice, to department may adopt rules setting
16forth pursuant to chapter 17A providing minimum general
17safety standards for the design, construction, location,
18installation, and operation of equipment for storage, handling,
19transportation by tank truck or tank trailer, and utilization
20of anhydrous ammonia fertilizers and soil conditioners.
21a. b. The rules shall be such as are reasonably necessary
22for the protection and safety of the public and persons using
23anhydrous ammonia fertilizers or soil conditioners, and shall
24be in substantial conformity with the generally accepted
25standards of safety.
26b. Rules that are in substantial conformity with the
27published standards of the agricultural ammonia institute for
28the design, installation and construction of containers and
29pertinent equipment for the storage and handling of anhydrous
30ammonia, shall be deemed to be in substantial conformity with
31the generally accepted standards of safety.
322. c. Anhydrous ammonia Fertilizer and soil conditioner
33 equipment shall be installed and maintained in a safe operating
34condition and in conformity with rules adopted by the secretary
35 department.
-13- 13. 2. The secretary shall enforce this chapter and, after
2due publicity and due public hearing, department may adopt such
3reasonable rules as may be necessary in order to carry into
4effect the purpose, and intent and to secure the efficient
5administration, of this chapter.
64. 3. This chapter does not prohibit the use of storage
7tanks smaller than transporting tanks nor the transfer of all
8kinds of fertilizer including anhydrous ammonia fertilizers
9or soil conditioners directly from transporting tanks to
10implements of husbandry, if proper safety precautions are
11observed.
12 Sec. 24. EFFECTIVE DATE. This division of this Act, being
13deemed of immediate importance, takes effect upon enactment.
14DIVISION IV
15WEIGHTS AND MEASURES
16PART A
17GENERAL
18 Sec. 25. Section 214.1, Code 2020, is amended by adding the
19following new subsection:
20 NEW SUBSECTION. 7. “Weighmaster” means a person who keeps
21and regularly uses a commercial weighing and measuring device
22to accurately weigh objects for others as part of the person’s
23business operated on a profit, cooperative, or nonprofit basis.
24 Sec. 26. Section 214.3, subsection 1, Code 2020, is amended
25to read as follows:
261. The A license issued by the department for the inspection
27of a commercial weighing and measuring device shall expire on
28December 31 of each year, and for a motor fuel pump on June 30
29of each year. The amount of the fee due for each license shall
30be as provided in subsection 3, except that the fee for a motor
31fuel pump shall be four dollars and fifty cents if paid within
32one month from the date the license is due.
33 Sec. 27. Section 214.3, subsection 3, paragraph e,
34subparagraph (2), Code 2020, is amended to read as follows:
35(2) Retail motor fuel pump, nine four dollars and fifty
-14-1cents.
2 Sec. 28. Section 214.4, subsection 1, unnumbered paragraph
31, Code 2020, is amended to read as follows:
4If the department does not receive payment of the license
5fee required pursuant to section 214.3 within one month from
6the due date, the department shall send deliver a notice to
7the owner or operator of the device. The notice shall be
8delivered by certified mail. The notice shall state all of the
9following:
10 Sec. 29. Section 214.6, Code 2020, is amended to read as
11follows:
12214.6 Oath Duties of weighmasters weighmaster.
13All persons keeping a commercial weighing and measuring
14device, before entering upon their duties as weighmasters, A
15weighmaster shall be sworn before some person having authority
16to administer oaths, to keep their ensure that a commercial
17weighing and measuring device is correctly balanced, to make
18true weights, and to shall render a correct account to the
19person having weighing done.
20 Sec. 30. Section 214.11, Code 2020, is amended to read as
21follows:
22214.11 Inspections — recalibrations — penalty.
231. The department shall provide for annual inspections
24of all motor fuel pumps, including but not limited to motor
25fuel blender pumps, licensed under this chapter. Inspections
26shall be for the purpose of determining the accuracy of the
27pumps’ measuring mechanisms, and for such and correctness of
28motor fuel pumps. For that purpose the department’s inspectors
29may enter upon the premises of any wholesale dealer or retail
30dealer, as they are defined in section 214A.1, of motor fuel
31or fuel oil within this state.
322. Upon completion of an inspection, the inspector shall
33affix the department’s seal to the measuring mechanism of the
34motor fuel pump. The seal shall be appropriately marked,
35dated, and recorded by the inspector. If the owner of an
-15-1inspected and sealed motor fuel pump is registered with the
2department as a servicer in accordance with section 215.23,
3or employs a person so registered as a servicer, the owner
4or other servicer may open the motor fuel pump, break the
5department’s seal, recalibrate the measuring mechanism if
6necessary, and reseal the motor fuel pump as long as the
7department is notified of the recalibration within forty-eight
8hours, on a form in a manner provided by the department.
92. 3. A person violating a provision of this section is,
10upon conviction, guilty of a simple misdemeanor.
11PART B
12MOTOR FUEL
13 Sec. 31. Section 214A.2A, subsection 1, Code 2020, is
14amended to read as follows:
151. Fuel which is sold or is kept, offered, or exposed for
16sale as kerosene shall be labeled as kerosene. The label
17shall include the word “kerosene” and a or the designation as
18either “K1” or “K2” “K1 kerosene”, and shall indicate that
19the kerosene is in compliance with the standard specification
20adopted by A.S.T.M. international specification D3699 (1982).
21 Sec. 32. REPEAL. Section 214A.15, Code 2020, is repealed.
22part c
23inspections
24 Sec. 33. Section 215.4, Code 2020, is amended to read as
25follows:
26215.4 Tag for inaccurate or incorrect device — reinspection
27— license fee.
28A commercial weighing and measuring device found to be
29inaccurate or incorrect upon inspection by the department
30shall be rejected or tagged “condemned until repaired” and
31the “licensed for commercial use” inspection sticker shall be
32removed. If notice is received by the department that the
33device has been repaired and upon reinspection the device is
34found to be accurate or correct, the a license fee shall not
35 may be charged for the reinspection. However, a second license
-16-1fee shall be charged if upon reinspection the device is found
2to be inaccurate. The device shall be tagged “condemned” and
3removed from service if a third reinspection fails.
4 Sec. 34. Section 215.7, Code 2020, is amended to read as
5follows:
6215.7 Transactions by false weights or measures.
71. A person shall be deemed to have violated the provisions
8of this chapter and shall be punished as provided in chapter
9189, if the person does any of the following apply:
101. a. The person sells Sells, trades, delivers, charges
11for, or claims to have delivered to a purchaser an amount
12of any commodity which is less in weight or measure than
13that which is asked for, agreed upon, claimed to have been
14delivered, or noted on the delivery ticket.
152. b. The person makes Makes a settlement for or enters
16a credit, based upon any false weight or measurement, for any
17commodity purchased.
183. c. The person makes Makes a settlement for or enters
19a credit, based upon any false weight or measurement, for any
20labor where the price of producing or mining is determined by
21weight or measure.
224. d. The person records Records a false weight or
23measurement upon the weight ticket or book.
242. The department may adopt rules pursuant to chapter 17A
25that allow for reasonable variations and exceptions for small
26packages.
273. A person who violates this section is guilty of a simple
28misdemeanor.
29 Sec. 35. Section 215.23, Code 2020, is amended to read as
30follows:
31215.23 Servicer’s license.
321. A servicer shall not install, service, or repair a
33commercial weighing and measuring device until the servicer
34has demonstrated that the servicer has available adequate
35testing equipment, and that the servicer possesses a working
-17-1knowledge of all devices the servicer intends to install or
2repair and of all appropriate weights, measures, statutes, and
3rules, as evidenced by passing a qualifying examination to
4be conducted by the department and obtaining a license. The
5secretary of agriculture shall establish by rule pursuant to
6chapter 17A, requirements for and contents of the examination.
7 The department may adopt rules pursuant to chapter 17A setting
8forth qualification requirements for persons applying for a
9servicer’s license, including an examination.
102. In determining these a servicer’s qualifications, the
11secretary shall department may consider the specifications
12of the United States national institute of standards and
13technology, handbook 44, “Specifications, Tolerances, and
14Technical Requirements for Weighing and Measuring Devices”,
15or the current successor or equivalent specifications adopted
16by the United States national institute of standards and
17technology.
183. The secretary shall department may require an annual the
19payment of license fee of not more than five dollars for an
20amount established by rule for each license issued under this
21section.
224. Each A license shall expire one year two years from its
23 date of issuance.
24 Sec. 36. REPEAL. Sections 215.3 and 215.8, Code 2020, are
25repealed.
26PART D
27Effective date
28 Sec. 37. EFFECTIVE DATE. This division of this Act, being
29deemed of immediate importance, takes effect upon enactment.
30EXPLANATION
31The inclusion of this explanation does not constitute agreement with
32the explanation’s substance by the members of the general assembly.
33GENERAL. This bill amends, enacts, or repeals a number
34of provisions relating to agriculture, including programs or
35regulations administered by the department of agriculture
-18-1and land stewardship (DALS) as codified in Title V of the
2Code, including in subtitle 1, which includes a number of
3general provisions, subtitle 2, which includes provisions
4regulating animal industry, and subtitle 4, which provides for
5agricultural commodities and products in addition to related
6activities.
7DALS — ADMINISTRATION. The bill eliminates a requirement
8that DALS maintain a marketing news service bureau, but retains
9a requirement that it cooperate with the agricultural marketing
10service of the United States department of agriculture (Code
11section 159.5).
12DALS — COMMERCIAL ESTABLISHMENTS. The bill eliminates
13a requirement that an application form for the issuance
14or 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).
17DALS — CONTROL OF CONTAGIOUS AND INFECTIOUS DISEASES. The
18bill provides 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).
16DALS — REGULATION OF FERAL SWINE. The bill authorizes
17DALS to destroy or order the destruction of feral swine
18after conducting a reasonable inquiry into the feral swine’s
19ownership. A person may destroy feral swine on the person’s
20property or damaging the person’s personal property, and must
21immediately notify DALS and allow DALS to conduct a test for
22disease.
23STATE PSEUDORABIES ADVISORY COMMITTEE. The bill eliminates
24the state pseudorabies advisory committee. The committee was
25established in 1989 during the outbreak of the disease to
26provide education to persons interested in pork production, to
27advise the department, and to maintain communication with other
28states and organizations (Code section 166D.3).
29FOOD OPERATION TRESPASS. The bill creates the criminal
30offense of food operation trespass. A person commits the
31offense by entering or remaining on the property of a food
32operation without the consent of a person who has real or
33apparent authority over the property. A food operation is a
34location where a food animal is produced or kept, a location
35where a meat or poultry product, milk or milk product, eggs or
-20-1an egg product, aquatic product, or honey is prepared (e.g.,
2processed and packaged) for human consumption, or a food
3establishment or a farmers market that sells or offers for sale
4a meat or poultry product, milk or milk product, eggs or egg
5product, aquatic product, or honey. A food animal includes
6an animal belonging to the bovine, caprine, ovine, or porcine
7species; farm deer; turkeys, chickens, or other poultry; fish
8or other aquatic animals; or honey bees. A person who commits
9food operation trespass commits an aggravated misdemeanor
10for the first offense and a class “D” felony for a second or
11subsequent offense.
12DALS — FERTILIZERS AND SOIL CONDITIONERS. The bill
13authorizes DALS to adopt rules regulating the design,
14construction, location, installation, and operation of
15equipment associated with the use of fertilizers and soil
16conditioners (Code sections 200.3 and 200.14). Current law
17allows DALS to adopt such rules regulating anhydrous ammonia
18equipment. The bill also eliminates a requirement that such
19rules be in conformity with the published standards of the
20agricultural ammonia institute. A person violating such rules
21is guilty of a simple misdemeanor (Code section 200.18).
22DALS — WEIGHTS AND MEASURES (GENERAL). The bill amends a
23number of provisions regulating weights and measures, including
24the inspection of associated devices. The bill reduces the
25fee for the inspection of motor fuel pumps from $9 to $4.50
26(the same amount due under current law if the inspection fee is
27paid early) (Code section 214.3). The bill no longer requires
28that DALS deliver a late payment notice to an owner or operator
29of a device by certified mail (Code section 214.4). The bill
30eliminates a requirement that a weighmaster (a person who keeps
31and uses a device as part of a business) must take an oath (Code
32sections 214.1 and 214.6).
33DALS — WEIGHTS AND MEASURES (MOTOR FUEL). The bill revises
34requirements for the labeling of kerosene (Code section
35214A.2A). The bill also repeals a provision prohibiting a
-21-1person from placing gasoline into a receptacle, unless the
2receptacle states a warning (Code section 214A.15).
3DALS — WEIGHTS AND MEASURES (INSPECTIONS). The bill
4provides that DALS may but is no longer required to charge a
5license fee for a device that has been taken out of service
6due to a repair and reinspected (Code section 215.4). The
7bill allows DALS to make an exception in a case where a
8commercial transaction involves a small package, and the
9person would otherwise be guilty of a simple misdemeanor
10because the person stated a false weight or measure (Code
11section 215.7). The bill provides for the regulation of a
12servicer (a person employed to install, service, or repair
13a device), by eliminating an examination requirement and
14allowing DALS to require qualification standards which may
15include an examination (Code sections 215.1 and 215.23). The
16bill provides for a two-year rather than annual servicer
17license and allows DALS to establish the license fee. The
18annual license fee is currently $5. The bill eliminates a
19provision that allows DALS to charge a complaining party an
20inspection fee, if the complaint was unfounded (Code section
21215.3). The bill repeals a provision that authorizes DALS to
22establish reasonable variances in the weighing and measuring
23of small packages (Code section 215.8). That qualification
24is incorporated in the amendments to the provision regulating
25small package transactions (Code section 215.7).
26CRIMINAL PENALTIES. A simple misdemeanor is punishable by
27confinement for no more than 30 days or a fine of at least $65
28but not more than $625 or by both. An aggravated misdemeanor
29is punishable by confinement for no more than two years and a
30fine of at least $625 but not more than $6,250. A class “D”
31felony is punishable by confinement for no more than five years
32and a fine of at least $750 but not more than $7,500.
-22-da/ns
2department of agriculture and land stewardship, including
3by providing for administration, programs, and regulations,
4providing fees, providing penalties, making penalties
5applicable, and including effective date provisions.
6BE 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.
12 Sec. 2. EFFECTIVE DATE. This division of this Act, being
13deemed of immediate importance, takes effect upon enactment.
14DIVISION II
15ANIMALS
16PART A
17COMMERCIAL ESTABLISHMENTS
18 Sec. 3. Section 162.2A, subsection 3, paragraph d, Code
192020, is amended by striking the paragraph.
20PART B
21ANIMAL HEALTH
22 Sec. 4. NEW SECTION. 163.2A Part — definitions.
23As used in this part, unless the context otherwise requires:
241. “Animal” means any livestock or agricultural animal as
25defined in section 717A.1.
262. “Interested person” means the owner of an animal; a
27person caring for the animal, if different from the owner of
28the animal; or a person holding a perfected agricultural lien
29or security interest in the animal under chapter 554.
30 Sec. 5. Section 163.3, Code 2020, is amended to read as
31follows:
32163.3 Veterinary and special assistants.
33The secretary or the secretary’s designee may appoint one
34or more veterinarians licensed pursuant to chapter 169 in each
35county as assistant veterinarians. The secretary may also
-1-1appoint such one or more special assistants as may be necessary
2in cases of emergency, including as provided in section 163.3A.
3 Sec. 6. Section 163.3A, subsection 1, Code 2020, is amended
4to read as follows:
51. The department may provide veterinary emergency
6preparedness and response services necessary to prevent or
7control a serious threat to the public health, public safety,
8or the state’s economy caused by the transmission of disease
9among livestock as defined in section 717.1 or agricultural
10 animals as defined in section 717A.1. The services may include
11measures necessary to ensure that all such animals carrying
12disease are properly identified, segregated, treated, or
13destroyed as provided in this Code.
14 Sec. 7. Section 163.3C, subsection 1, Code 2020, is amended
15by striking the subsection.
16 Sec. 8. Section 163.3C, subsection 2, unnumbered paragraph
171, Code 2020, is amended to read as follows:
18The department shall develop and establish a foreign animal
19disease preparedness and response strategy for use by the
20department in order to prevent, control, or eradicate the
21transmission of foreign animal diseases among populations
22of livestock animals. The strategy may be part of the
23department’s veterinary emergency preparedness and response
24services as provided in section 163.3A. The strategy shall
25provide additional expertise and resources to increase
26biosecurity efforts that assist in the prevention of a foreign
27animal disease outbreak in this state. In developing and
28establishing the strategy, the department shall consult with
29interested persons including but not limited to the following:
30 Sec. 9. Section 163.3C, subsection 3, Code 2020, is amended
31to read as follows:
323. The department shall implement the foreign animal
33disease preparedness and response strategy if necessary to
34prevent, control, or eradicate the transmission and incidence
35of foreign animal diseases that may threaten or actually
-2-1threaten livestock animals in this state. In implementing
2the strategy, the department may utilize emergency response
3measures as otherwise required under section 163.3A. The
4department may but is not required to consult with interested
5persons when implementing the strategy.
6 Sec. 10. NEW SECTION. 163.3D Emergency measures —
7abandoned animals — authorization and seizure.
81. a. The department may seize one or more abandoned
9animals pursuant to an authorization providing emergency
10measures to prevent or control the transmission of an
11infectious or contagious disease among any population or
12species of animals.
13b. The authorization must be any of the following:
14(1) A declaration or proclamation issued by the governor
15pursuant to chapter 29C, including as provided in section
16163.3A.
17(2) An order issued by the secretary or the secretary’s
18designee pursuant to a provision in this subtitle.
19(3) Any other provision of law in this subtitle that
20requires the department to control the transmission of an
21infectious or contagious disease among a population or species
22of animals in this state.
23c. If there is a conflict between a measure authorized to
24be taken under paragraph “a”, that is less restrictive than the
25standards or procedures provided in this section, the measures
26authorized to be taken under paragraph “a” shall prevail.
272. The department may appoint veterinary assistants or
28special assistants as provided in section 163.3 as required to
29administer this section.
303. It is presumed that an abandoned animal belonging to a
31species subject to emergency measures as provided in subsection
321 has been exposed to an infectious or contagious disease as
33provided in the authorization.
344. As part of the seizure of an abandoned animal, the
35department may take, impound, and retain custody of the animal,
-3-1including by maintaining the animal in a manner and at a
2location determined by the department to be reasonable under
3the emergency circumstances. The department may take action as
4provided in this subtitle to ensure that all animals exposed to
5an infectious or contagious disease are properly identified,
6tested, segregated, treated, or destroyed as provided in this
7subtitle.
85. a. The department may seize an animal if the department
9has a reasonable suspicion the animal has been abandoned,
10including by entering onto public or private property or into a
11private motor vehicle, trailer, or semitrailer parked on public
12or private property, as provided in this subsection.
13b. The department may enter onto private property or into
14a private motor vehicle, trailer, or semitrailer to seize an
15abandoned animal if the department obtains a search warrant
16issued by a court, or enters onto the premises in a manner
17consistent with the laws of this state and the United States,
18including Article I, section 8, of the Constitution of the
19State of Iowa, or the fourth amendment to the Constitution of
20the United States.
21c. An abandoned animal shall only be seized by the
22department pursuant to the following conditions:
23(1) The department provides written notice of its
24abandonment determination to all reasonably identifiable
25interested persons. The department shall make a good-faith
26effort to provide the notice to interested persons by regular
27mail, hand delivery, telephone, electronic mail, or other
28reasonable means. The notice shall include all of the
29following:
30(a) The name and address of the department.
31(b) A description of the animal subject to seizure.
32(c) The delivery date of the notice.
33(d) A statement informing the interested person that the
34animal may be seized pursuant to this chapter within one day
35following the delivery date of the notice. The statement
-4-1must specify a date, time, and location for delivery of the
2interested person’s response designated by the department, as
3provided in this subsection.
4(e) A statement informing the interested person that in
5order to avoid seizure of the animal, the person must respond
6to the notice in writing, stating that the animal has not been
7abandoned and identifying what measures are being taken to care
8for and manage the animal.
9(2) Notwithstanding subparagraph (1), if the department
10determines that it is not feasible to provide direct notice
11of its abandonment determination to an interested person,
12the department shall deliver a constructive notice of the
13determination to that person by any reasonable manner, which
14may include posting the notice at or near the place where
15the animal is located. The department shall also post the
16constructive notice on the department’s internet site.
17d. The department may seize the animal if the department
18fails to receive a written response by the interested person by
19the end of normal office hours of the next day the department
20is available to receive the response after written notice of
21the department’s abandonment determination is delivered.
22e. Upon a determination by the department that exigent
23circumstances exist, the department may enter onto private
24property without a warrant and may seize an abandoned animal,
25in a manner consistent with the laws of this state and
26the United States, including Article I, section 8, of the
27Constitution of the State of Iowa, or the fourth amendment to
28the Constitution of the United States.
296. If an animal is seized pursuant to this section, the
30department shall post a notice in a conspicuous place at the
31location where the animal was seized. The notice shall state
32the animal has been seized by the department pursuant to this
33section and at least briefly describe where and when the animal
34was seized, the species and number of animals seized, and that
35a dispositional proceeding is to be conducted pursuant to
-5-1section 163.3E.
2 Sec. 11. NEW SECTION. 163.3E Emergency measures —
3abandoned animals — dispositional proceeding.
41. a. The department shall file a petition with the
5district court for the disposition of an animal seized pursuant
6to section 163.3D as soon as practicable.
7b. The court shall notify the department and all interested
8persons of the dispositional proceeding in a manner determined
9reasonable by the court. The court shall hear the matter
10within twenty-four hours from the time the department’s
11petition is filed. The court may grant a continuance by a
12motion of the department or upon petition by an interested
13person. However, the interested person shall post a bond or
14other security with the department in an amount determined by
15the court, which shall not be more than the amount sufficient
16to provide for the maintenance of the animal for the duration
17of the continuance.
182. Upon a determination by the department that exigent
19circumstances exist, the dispositional proceeding may be
20conducted by an administrative law judge in the same manner
21as an emergency adjudicative proceeding pursuant to section
2217A.18A. The administrative law judge shall notify the
23department and all interested persons of the dispositional
24proceeding in a manner determined reasonable by the
25administrative law judge given the circumstances in the case.
26The procedures provided in this section may be supplemented
27or modified by a declaration or proclamation issued by the
28governor or an order issued by the secretary or the secretary’s
29designee pursuant to section 163.3D.
303. a. A court or administrative law judge shall issue an
31order for the disposition of the animal after making any of the
32following determinations:
33(1) That no interested person holds a legal interest in
34the seized animal. In that case, the animal shall be deemed
35abandoned and the order shall extinguish all prior legal
-6-1interests in the animal. The order shall grant an undivided
2ownership interest in the animal free from any security
3interest or other agricultural lien or encumbrance to the
4department.
5(2) That an interested person holds a legal interest in
6the seized animal, and the department has reasonable suspicion
7to believe that the animal has been exposed to an infectious
8or contagious disease. In that case, the order shall provide
9for the disposition of the animal in the same manner as if the
10department had identified the animal as having been exposed to
11the infectious or contagious disease under the authorization
12provided in section 163.3D.
13(3) That a person holds a legal interest in the seized
14animal, and there is no reasonable suspicion that the seized
15animal has been exposed to an infectious or contagious disease.
16In that case, the order shall direct the department to transfer
17custody of the animal to the interested person. In the event
18the animal is returned to the interested person, the department
19shall not be subject to any claim for damages caused by the
20seizure if the department’s actions were taken pursuant to
21the department’s emergency efforts to establish and maintain
22quarantine in response to a disease outbreak, as set forth in
23section 669.14, subsection 3.
24b. A reasonable suspicion asserted by the department may
25be based on any credible evidence that shows the animal’s
26possible exposure to an infectious or contagious disease or the
27animal was abandoned. This paragraph “b” does not require the
28department to conduct a test of an animal to determine whether
29an animal has been exposed.
30c. If two or more interested parties may be transferred
31custody of an animal by the department pursuant to paragraph
32“a”, subparagraph (3), the court or administrative law judge
33shall order the department to transfer the animal to the owner
34or otherwise to the interested person best able to care for the
35animal without prejudicing the rights of any other interested
-7-1person. However, in any cause of action brought by an
2interested person contesting the order to transfer under this
3subsection, the department shall not be included as a party.
44. a. In a dispositional proceeding conducted by a court or
5administrative law judge under this section, or in a separate
6cause of action brought by the department against an interested
7person, the court or administrative law judge may award the
8department all of the following:
9(1) An amount necessary to reimburse the department for
10expenses incurred in seizing and maintaining an abandoned
11animal as well as any costs for the disposition of the
12abandoned animal.
13(2) Expenses related to the investigation and adjudication
14of the case.
15b. In a dispositional proceeding conducted by a court under
16this section, or in a separate cause of action brought by the
17department against an interested person, the court may award
18the department court costs and reasonable attorney fees.
19c. An award ordered under this subsection shall be paid
20by an interested party who is transferred a seized animal by
21the court or administrative law judge, or the owner of the
22seized animal as determined by the court or administrative law
23judge. The amount awarded the department shall be subtracted
24from the proceeds, if any, received by the department from the
25disposition of the animal. Any amount awarded by a court shall
26be taxed as part of the costs of the cause of action.
27d. If more than one interested person holds a legal interest
28in the animal, the court or administrative law judge shall
29calculate the respective contributions of the interested
30persons based upon the percentage of legal interest in the
31seized animal held by each interested person. The amount paid
32to the department shall be sufficient to allow the department
33to repay the livestock remediation fund as provided in section
34459.501 and fully reimburse the department for all costs, fees,
35and expenses incurred by the department under this section.
-8-1 Sec. 12. NEW SECTION. 163.3F Interference with official
2acts.
31. A person shall not interfere with an official act of the
4department taken in the performance of a duty to prevent or
5control the transmission of an infectious or contagious disease
6among a population or species of animals, if the official act
7is authorized as part of any of the following:
8a. A veterinary emergency preparedness and response service
9pursuant to section 163.3A.
10b. A foreign animal disease preparedness and response
11strategy pursuant to section 163.3C.
12c. An emergency measure pursuant to section 163.3D or
13163.3E.
142. Under this section, an official act of the department
15may be performed by a departmental employee, or a veterinary or
16special assistant appointed pursuant to section 163.3.
17 Sec. 13. NEW SECTION. 163.33 Feral swine.
181. “Feral swine” means any swine running at large.
192. A person shall not knowingly release swine to become
20feral swine.
213. Upon discovery of feral swine on public or private
22property, the department may destroy or order the destruction
23of the feral swine. However, the department shall not destroy
24the feral swine or order the feral swine’s destruction, unless
25the department concludes, after conducting a reasonable inquiry
26in the area where the feral swine is located, that the feral
27swine’s ownership cannot be determined. The department may
28call upon a peace officer or appropriate state or federal
29agency, including but not limited to the department of natural
30resources or the department of public safety, to enforce this
31section as set forth in section 159.16.
324. A person may destroy feral swine if the feral swine is
33on the person’s property or is damaging the person’s personal
34property. The person shall immediately notify the department
35of the destruction of the feral swine and allow for possible
-9-1testing of the feral swine by the department.
25. This section shall not be construed to limit the powers
3of the department otherwise granted by law.
4 Sec. 14. Section 163.61, subsection 3, Code 2020, is amended
5by adding the following new paragraph:
6 NEW PARAGRAPH. c. A person who interferes with an official
7act as provided in section 163.3F shall be subject to a civil
8penalty of at least one hundred dollars but not more than ten
9thousand dollars. In the case of a continuing violation,
10each day of the continuing violation is a separate violation.
11However, a person shall not be subject to a civil penalty
12totaling more than two hundred fifty thousand dollars arising
13out of the same violation.
14 Sec. 15. Section 459.501, subsection 3, paragraph a, Code
152020, is amended by adding the following new subparagraph:
16 NEW SUBPARAGRAPH. (3) (a) To allocate moneys to the
17department of agriculture and land stewardship for the payment
18of expenses incurred by the department of agriculture and land
19stewardship associated with all of the following:
20(i) Providing for seizure of animals pursuant to sections
21169.3D and 169.3E.
22(ii) Court costs, reasonable attorney fees, and expenses
23related to the investigation and prosecution of the case
24arising from the seizure of animals.
25(b) The department of natural resources shall allocate
26any amount of unencumbered and unobligated moneys demanded in
27writing by the department of agriculture and land stewardship
28as provided in this subparagraph. The department of natural
29resources shall complete the allocation upon receiving the
30demand.
31(c) The department of agriculture and land stewardship
32shall repay the fund any amount received from an interested
33person pursuant to an order by a court in a dispositional
34proceeding conducted pursuant to section 163.3E.
35 Sec. 16. REPEAL. Section 166D.3, Code 2020, is repealed.
-10-1 Sec. 17. CODE EDITOR DIRECTIVE.
21. The Code editor is directed to make the following
3transfer:
4Section 163.3 to section 163.3G.
52. The Code editor shall correct internal references in the
6Code and in any enacted legislation as necessary due to the
7enactment of this section.
8 Sec. 18. CODE EDITOR DIRECTIVE. The Code editor shall
9divide chapter 163, subchapter I, into parts, including
10sections 163.1 and 163.2 as part A, sections 163.2A through
11163.5, including sections amended or enacted as provided in
12this part of this division of this Act, as part B, and sections
13163.6 through 163.25 as part C.
14pART C
15FOOD aNIMALS
16 Sec. 19. NEW SECTION. 716.7A Food operation trespass.
171. As used in this section, unless the context otherwise
18requires:
19a. “Apiary” and “bee” mean the same as defined in section
20160.1A.
21b. “Food animal” means an animal belonging to the bovine,
22caprine, ovine, or porcine species; farm deer as defined in
23section 170.1; turkeys, chickens, or other poultry; fish or
24other aquatic organisms confined in private waters for human
25consumption; or bees.
26c. “Food establishment”, “food processing plant”, and
27“farmers market” mean the same as defined in section 137F.1.
28d. “Food operation” means any of the following:
29(1) A location where a food animal is produced, maintained,
30or otherwise housed or kept, or processed in any manner.
31(2) A location other than as described in subparagraph (1)
32where a food animal is kept, including an apiary, livestock
33market, vehicle or trailer attached to a vehicle, fair,
34exhibition, or a business operated by a person licensed to
35practice veterinary medicine pursuant to chapter 169.
-11- 1(3) A location where a meat food product, poultry product,
2milk or milk product, eggs or an egg product, aquatic product,
3or honey is prepared for human consumption, including a food
4processing plant, a slaughtering establishment operating under
5the provisions of 21 U.S.C. §451 et seq.or 21 U.S.C. §601
6et seq.; or a slaughtering establishment subject to state
7inspection as provided in chapter 189A.
8(4) A food establishment or farmers market that sells or
9offers for sale a meat food product, poultry product, milk
10or milk product, eggs or an egg product, aquatic product, or
11honey.
12e. “Meat food product”, “poultry product”, and “prepared”
13mean the same as defined in section 189A.2.
142. A person commits food operation trespass by entering
15or remaining on the property of a food operation without the
16consent of a person who has real or apparent authority to allow
17the person to enter or remain on the property.
183. Subsection 2 does not apply to any of the following:
19a. A person entering a right-of-way, if the person has not
20been notified or requested by posted signage or other means to
21abstain from entering onto the right-of-way or to vacate the
22right-of-way.
23b. A person having lawful authority to enter onto the
24property of the food operation, including but not limited to a
25federal, state, or local government official.
26c. A person who is given express permission by the owner of
27the food operation to enter onto or remain on the property of
28the food operation.
29d. A person employed by a food operation while acting in the
30course of employment.
31 Sec. 20. Section 716.8, Code 2020, is amended by adding the
32following new subsection:
33 NEW SUBSECTION. 8. a. For a first offense, a person who
34commits food operation trespass is guilty of an aggravated
35misdemeanor.
-12- 1b. For a second or subsequent offense, a person who commits
2food operation trespass is guilty of a class “D” felony.
3Part D
4effective date
5 Sec. 21. EFFECTIVE DATE. This division of this Act, being
6deemed of immediate importance, takes effect upon enactment.
7DIVISION III
8FERTILIZERS AND SOIL CONDITIONERS
9 Sec. 22. Section 200.3, subsection 24, Code 2020, is amended
10by striking the subsection.
11 Sec. 23. Section 200.14, Code 2020, is amended to read as
12follows:
13200.14 Rules.
141. a. The secretary is authorized, after public hearing,
15following due notice, to department may adopt rules setting
16forth pursuant to chapter 17A providing minimum general
17safety standards for the design, construction, location,
18installation, and operation of equipment for storage, handling,
19transportation by tank truck or tank trailer, and utilization
20of anhydrous ammonia fertilizers and soil conditioners.
21a. b. The rules shall be such as are reasonably necessary
22for the protection and safety of the public and persons using
23anhydrous ammonia fertilizers or soil conditioners, and shall
24be in substantial conformity with the generally accepted
25standards of safety.
26b. Rules that are in substantial conformity with the
27published standards of the agricultural ammonia institute for
28the design, installation and construction of containers and
29pertinent equipment for the storage and handling of anhydrous
30ammonia, shall be deemed to be in substantial conformity with
31the generally accepted standards of safety.
322. c. Anhydrous ammonia Fertilizer and soil conditioner
33 equipment shall be installed and maintained in a safe operating
34condition and in conformity with rules adopted by the secretary
35 department.
-13- 13. 2. The secretary shall enforce this chapter and, after
2due publicity and due public hearing, department may adopt such
3reasonable rules as may be necessary in order to carry into
4effect the purpose, and intent and to secure the efficient
5administration, of this chapter.
64. 3. This chapter does not prohibit the use of storage
7tanks smaller than transporting tanks nor the transfer of all
8kinds of fertilizer including anhydrous ammonia fertilizers
9or soil conditioners directly from transporting tanks to
10implements of husbandry, if proper safety precautions are
11observed.
12 Sec. 24. EFFECTIVE DATE. This division of this Act, being
13deemed of immediate importance, takes effect upon enactment.
14DIVISION IV
15WEIGHTS AND MEASURES
16PART A
17GENERAL
18 Sec. 25. Section 214.1, Code 2020, is amended by adding the
19following new subsection:
20 NEW SUBSECTION. 7. “Weighmaster” means a person who keeps
21and regularly uses a commercial weighing and measuring device
22to accurately weigh objects for others as part of the person’s
23business operated on a profit, cooperative, or nonprofit basis.
24 Sec. 26. Section 214.3, subsection 1, Code 2020, is amended
25to read as follows:
261. The A license issued by the department for the inspection
27of a commercial weighing and measuring device shall expire on
28December 31 of each year, and for a motor fuel pump on June 30
29of each year. The amount of the fee due for each license shall
30be as provided in subsection 3, except that the fee for a motor
31fuel pump shall be four dollars and fifty cents if paid within
32one month from the date the license is due.
33 Sec. 27. Section 214.3, subsection 3, paragraph e,
34subparagraph (2), Code 2020, is amended to read as follows:
35(2) Retail motor fuel pump, nine four dollars and fifty
-14-1cents.
2 Sec. 28. Section 214.4, subsection 1, unnumbered paragraph
31, Code 2020, is amended to read as follows:
4If the department does not receive payment of the license
5fee required pursuant to section 214.3 within one month from
6the due date, the department shall send deliver a notice to
7the owner or operator of the device. The notice shall be
8delivered by certified mail. The notice shall state all of the
9following:
10 Sec. 29. Section 214.6, Code 2020, is amended to read as
11follows:
12214.6 Oath Duties of weighmasters weighmaster.
13All persons keeping a commercial weighing and measuring
14device, before entering upon their duties as weighmasters, A
15weighmaster shall be sworn before some person having authority
16to administer oaths, to keep their ensure that a commercial
17weighing and measuring device is correctly balanced, to make
18true weights, and to shall render a correct account to the
19person having weighing done.
20 Sec. 30. Section 214.11, Code 2020, is amended to read as
21follows:
22214.11 Inspections — recalibrations — penalty.
231. The department shall provide for annual inspections
24of all motor fuel pumps, including but not limited to motor
25fuel blender pumps, licensed under this chapter. Inspections
26shall be for the purpose of determining the accuracy of the
27pumps’ measuring mechanisms, and for such and correctness of
28motor fuel pumps. For that purpose the department’s inspectors
29may enter upon the premises of any wholesale dealer or retail
30dealer, as they are defined in section 214A.1, of motor fuel
31or fuel oil within this state.
322. Upon completion of an inspection, the inspector shall
33affix the department’s seal to the measuring mechanism of the
34motor fuel pump. The seal shall be appropriately marked,
35dated, and recorded by the inspector. If the owner of an
-15-1inspected and sealed motor fuel pump is registered with the
2department as a servicer in accordance with section 215.23,
3or employs a person so registered as a servicer, the owner
4or other servicer may open the motor fuel pump, break the
5department’s seal, recalibrate the measuring mechanism if
6necessary, and reseal the motor fuel pump as long as the
7department is notified of the recalibration within forty-eight
8hours, on a form in a manner provided by the department.
92. 3. A person violating a provision of this section is,
10upon conviction, guilty of a simple misdemeanor.
11PART B
12MOTOR FUEL
13 Sec. 31. Section 214A.2A, subsection 1, Code 2020, is
14amended to read as follows:
151. Fuel which is sold or is kept, offered, or exposed for
16sale as kerosene shall be labeled as kerosene. The label
17shall include the word “kerosene” and a or the designation as
18either “K1” or “K2” “K1 kerosene”, and shall indicate that
19the kerosene is in compliance with the standard specification
20adopted by A.S.T.M. international specification D3699 (1982).
21 Sec. 32. REPEAL. Section 214A.15, Code 2020, is repealed.
22part c
23inspections
24 Sec. 33. Section 215.4, Code 2020, is amended to read as
25follows:
26215.4 Tag for inaccurate or incorrect device — reinspection
27— license fee.
28A commercial weighing and measuring device found to be
29inaccurate or incorrect upon inspection by the department
30shall be rejected or tagged “condemned until repaired” and
31the “licensed for commercial use” inspection sticker shall be
32removed. If notice is received by the department that the
33device has been repaired and upon reinspection the device is
34found to be accurate or correct, the a license fee shall not
35 may be charged for the reinspection. However, a second license
-16-1fee shall be charged if upon reinspection the device is found
2to be inaccurate. The device shall be tagged “condemned” and
3removed from service if a third reinspection fails.
4 Sec. 34. Section 215.7, Code 2020, is amended to read as
5follows:
6215.7 Transactions by false weights or measures.
71. A person shall be deemed to have violated the provisions
8of this chapter and shall be punished as provided in chapter
9189, if the person does any of the following apply:
101. a. The person sells Sells, trades, delivers, charges
11for, or claims to have delivered to a purchaser an amount
12of any commodity which is less in weight or measure than
13that which is asked for, agreed upon, claimed to have been
14delivered, or noted on the delivery ticket.
152. b. The person makes Makes a settlement for or enters
16a credit, based upon any false weight or measurement, for any
17commodity purchased.
183. c. The person makes Makes a settlement for or enters
19a credit, based upon any false weight or measurement, for any
20labor where the price of producing or mining is determined by
21weight or measure.
224. d. The person records Records a false weight or
23measurement upon the weight ticket or book.
242. The department may adopt rules pursuant to chapter 17A
25that allow for reasonable variations and exceptions for small
26packages.
273. A person who violates this section is guilty of a simple
28misdemeanor.
29 Sec. 35. Section 215.23, Code 2020, is amended to read as
30follows:
31215.23 Servicer’s license.
321. A servicer shall not install, service, or repair a
33commercial weighing and measuring device until the servicer
34has demonstrated that the servicer has available adequate
35testing equipment, and that the servicer possesses a working
-17-1knowledge of all devices the servicer intends to install or
2repair and of all appropriate weights, measures, statutes, and
3rules, as evidenced by passing a qualifying examination to
4be conducted by the department and obtaining a license. The
5secretary of agriculture shall establish by rule pursuant to
6chapter 17A, requirements for and contents of the examination.
7 The department may adopt rules pursuant to chapter 17A setting
8forth qualification requirements for persons applying for a
9servicer’s license, including an examination.
102. In determining these a servicer’s qualifications, the
11secretary shall department may consider the specifications
12of the United States national institute of standards and
13technology, handbook 44, “Specifications, Tolerances, and
14Technical Requirements for Weighing and Measuring Devices”,
15or the current successor or equivalent specifications adopted
16by the United States national institute of standards and
17technology.
183. The secretary shall department may require an annual the
19payment of license fee of not more than five dollars for an
20amount established by rule for each license issued under this
21section.
224. Each A license shall expire one year two years from its
23 date of issuance.
24 Sec. 36. REPEAL. Sections 215.3 and 215.8, Code 2020, are
25repealed.
26PART D
27Effective date
28 Sec. 37. EFFECTIVE DATE. This division of this Act, being
29deemed of immediate importance, takes effect upon enactment.
30EXPLANATION
31The inclusion of this explanation does not constitute agreement with
32the explanation’s substance by the members of the general assembly.
33GENERAL. This bill amends, enacts, or repeals a number
34of provisions relating to agriculture, including programs or
35regulations administered by the department of agriculture
-18-1and land stewardship (DALS) as codified in Title V of the
2Code, including in subtitle 1, which includes a number of
3general provisions, subtitle 2, which includes provisions
4regulating animal industry, and subtitle 4, which provides for
5agricultural commodities and products in addition to related
6activities.
7DALS — ADMINISTRATION. The bill eliminates a requirement
8that DALS maintain a marketing news service bureau, but retains
9a requirement that it cooperate with the agricultural marketing
10service of the United States department of agriculture (Code
11section 159.5).
12DALS — COMMERCIAL ESTABLISHMENTS. The bill eliminates
13a requirement that an application form for the issuance
14or 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).
17DALS — CONTROL OF CONTAGIOUS AND INFECTIOUS DISEASES. The
18bill provides 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).
16DALS — REGULATION OF FERAL SWINE. The bill authorizes
17DALS to destroy or order the destruction of feral swine
18after conducting a reasonable inquiry into the feral swine’s
19ownership. A person may destroy feral swine on the person’s
20property or damaging the person’s personal property, and must
21immediately notify DALS and allow DALS to conduct a test for
22disease.
23STATE PSEUDORABIES ADVISORY COMMITTEE. The bill eliminates
24the state pseudorabies advisory committee. The committee was
25established in 1989 during the outbreak of the disease to
26provide education to persons interested in pork production, to
27advise the department, and to maintain communication with other
28states and organizations (Code section 166D.3).
29FOOD OPERATION TRESPASS. The bill creates the criminal
30offense of food operation trespass. A person commits the
31offense by entering or remaining on the property of a food
32operation without the consent of a person who has real or
33apparent authority over the property. A food operation is a
34location where a food animal is produced or kept, a location
35where a meat or poultry product, milk or milk product, eggs or
-20-1an egg product, aquatic product, or honey is prepared (e.g.,
2processed and packaged) for human consumption, or a food
3establishment or a farmers market that sells or offers for sale
4a meat or poultry product, milk or milk product, eggs or egg
5product, aquatic product, or honey. A food animal includes
6an animal belonging to the bovine, caprine, ovine, or porcine
7species; farm deer; turkeys, chickens, or other poultry; fish
8or other aquatic animals; or honey bees. A person who commits
9food operation trespass commits an aggravated misdemeanor
10for the first offense and a class “D” felony for a second or
11subsequent offense.
12DALS — FERTILIZERS AND SOIL CONDITIONERS. The bill
13authorizes DALS to adopt rules regulating the design,
14construction, location, installation, and operation of
15equipment associated with the use of fertilizers and soil
16conditioners (Code sections 200.3 and 200.14). Current law
17allows DALS to adopt such rules regulating anhydrous ammonia
18equipment. The bill also eliminates a requirement that such
19rules be in conformity with the published standards of the
20agricultural ammonia institute. A person violating such rules
21is guilty of a simple misdemeanor (Code section 200.18).
22DALS — WEIGHTS AND MEASURES (GENERAL). The bill amends a
23number of provisions regulating weights and measures, including
24the inspection of associated devices. The bill reduces the
25fee for the inspection of motor fuel pumps from $9 to $4.50
26(the same amount due under current law if the inspection fee is
27paid early) (Code section 214.3). The bill no longer requires
28that DALS deliver a late payment notice to an owner or operator
29of a device by certified mail (Code section 214.4). The bill
30eliminates a requirement that a weighmaster (a person who keeps
31and uses a device as part of a business) must take an oath (Code
32sections 214.1 and 214.6).
33DALS — WEIGHTS AND MEASURES (MOTOR FUEL). The bill revises
34requirements for the labeling of kerosene (Code section
35214A.2A). The bill also repeals a provision prohibiting a
-21-1person from placing gasoline into a receptacle, unless the
2receptacle states a warning (Code section 214A.15).
3DALS — WEIGHTS AND MEASURES (INSPECTIONS). The bill
4provides that DALS may but is no longer required to charge a
5license fee for a device that has been taken out of service
6due to a repair and reinspected (Code section 215.4). The
7bill allows DALS to make an exception in a case where a
8commercial transaction involves a small package, and the
9person would otherwise be guilty of a simple misdemeanor
10because the person stated a false weight or measure (Code
11section 215.7). The bill provides for the regulation of a
12servicer (a person employed to install, service, or repair
13a device), by eliminating an examination requirement and
14allowing DALS to require qualification standards which may
15include an examination (Code sections 215.1 and 215.23). The
16bill provides for a two-year rather than annual servicer
17license and allows DALS to establish the license fee. The
18annual license fee is currently $5. The bill eliminates a
19provision that allows DALS to charge a complaining party an
20inspection fee, if the complaint was unfounded (Code section
21215.3). The bill repeals a provision that authorizes DALS to
22establish reasonable variances in the weighing and measuring
23of small packages (Code section 215.8). That qualification
24is incorporated in the amendments to the provision regulating
25small package transactions (Code section 215.7).
26CRIMINAL PENALTIES. A simple misdemeanor is punishable by
27confinement for no more than 30 days or a fine of at least $65
28but not more than $625 or by both. An aggravated misdemeanor
29is punishable by confinement for no more than two years and a
30fine of at least $625 but not more than $6,250. A class “D”
31felony is punishable by confinement for no more than five years
32and a fine of at least $750 but not more than $7,500.
-22-da/ns