House Study Bill 95 - 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.
3   Section 1.  Section 159.5, subsection 7, Code 2021, 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.
16   Sec. 2.  Section 162.2A, subsection 3, paragraph d, Code
172021, is amended by striking the paragraph.
18   Sec. 3.  Section 162.2A, Code 2021, is amended by adding the
19following new subsection:
20   NEW SUBSECTION.  4A.  A commercial establishment shall not
21be issued or renewed a state license by the department, unless
22a person applying for the state license presents the department
23with a valid, government-issued photo identification, or other
24form of similar identification approved by the department, as
25proof of identity that the person may legally act on behalf
26of the commercial establishment in making the application.
27The application must be signed by the person under penalty of
28perjury subject to the penalty provisions of section 162.13,
29subsection 1. Upon completion of the initial inspection,
30the issued or renewed state license shall include a unique
31identification number that is a public record under chapter 22.
34   Sec. 4.  Section 169.20, subsection 2, Code 2021, is amended
35to read as follows:
-1-   12.  The board shall issue certificates to veterinary
2assistants who have met the educational, experience, and
3testing requirements as the board shall specify by rule. The
 A certificate is not a license and does not expire. The A new
5certificate shall be issued for a three-year period, subject
6to renewal at the end of each triennium. The board may adopt
7rules providing for the issuance and renewal of a certificate
8including the issuance of a new certificate for the balance of
9a triennium. A
certificate may be suspended or revoked, or any
10other disciplinary action may be taken as specified in section
11272C.3, subsection 2. All disciplinary actions shall be taken
12pursuant to in the same manner as provided in section 169.14.
17   Sec. 5.  NEW SECTION.  190A.11  Definitions.
   18As used in this subchapter, unless the context otherwise
   201.  “Department” means the department of agriculture and land
   222.  “Farm source” means a farmer who produces and sells fresh
23farm produce grown on the farmer’s land or a distributor of
24fresh farm produce who purchases fresh farm produce directly
25from such farmer or sells fresh farm produce on behalf of such
   273.  “Fresh farm produce” means vegetables, fruits, or nuts
28intended for inclusion as part of a school diet, including
29school meals and snacks as described in section 190A.3, if the
30vegetables, fruits, or nuts are not processed except for being
31trimmed, cleaned, dried, sorted, or packaged.
   324.  “Fund” means the local farm produce fund created in
33section 190A.12.
   345.  “Program” means the local farm produce program created
35in section 190A.13.
   16.  “School” means a public school or nonpublic school, as
2those terms are defined in section 280.2, or that portion of a
3public school or nonpublic school that provides facilities for
4teaching any grade from kindergarten through grade twelve.
   57.  “School district” means a school district as described
6in chapter 274.
7   Sec. 6.  NEW SECTION.  190A.12  Local farm produce fund.
   81.  A local farm produce fund is created in the state
9treasury under the management and control of the department.
   102.  The fund shall include moneys appropriated to the fund
11by the general assembly. The fund may include other moneys
12available to and obtained or accepted by the department,
13including moneys from public or private sources.
   143.  Moneys in the fund are appropriated to support the
15program in a manner determined by the department, including for
16reasonable administrative costs incurred by the department.
17Moneys expended from the fund shall not require further special
18authorization by the general assembly.
   194.  a.  Notwithstanding section 12C.7, interest or earnings
20on moneys in the fund shall be credited to the fund.
   21b.  Notwithstanding section 8.33, moneys credited to the
22fund that remain unencumbered or unobligated at the end of a
23fiscal year shall not revert but shall remain available for the
24purposes designated.
25   Sec. 7.  NEW SECTION.  190A.13  Local farm produce program.
   261.  A local farm produce program is created. The program
27shall be controlled and administered by the department.
   282.  The purpose of the program is to assist schools and
29school districts in purchasing fresh farm produce.
   303.  The department shall reimburse a school or school
31district for expenditures incurred by the school or school
32district during the school year in which the school or school
33district is participating in the program for purchases of fresh
34farm produce.
   354.  A school or school district must apply each year to the
-3-1department to participate in the program according to rules
2adopted by the department pursuant to chapter 17A.
   35.  To be eligible to participate in the program, a school or
4school district must purchase the fresh farm produce directly
5from a farm source as follows:
   6a.  Except as provided in paragraph “b”, the farm source must
7be located in this state.
   8b.  If the school district shares a border with another
9state, or the school is part of a school district that shares
10a border with another state, the farm source may be located
11in the other state. However, the farm source must be located
12within thirty miles from the school district’s border with that
13state and the department must approve the purchase.
   146.  The department shall require proof of purchase prior to
15reimbursing the school or school district for the purchase of
16fresh farm produce.
   177.  The department may administer the program in cooperation
18with the department of education and the participating school
19or school district in which a participating school is located.
   208.  a.  The department shall reimburse a participating
21school or school district that submits a claim as required
22by the department. The department shall pay the claim on a
23matching basis with the department contributing one dollar
24for every three dollars expended by the school or school
25district. However, a school or school district shall not
26receive more than one thousand dollars during any year in which
27it participates in the program.
   28b.  Notwithstanding paragraph “a”, if the department
29determines that there are sufficient moneys in the fund to
30satisfy all claims that may be submitted by schools and school
31districts, the department shall provide for the distribution
32of the available moneys in a manner determined equitable by
33the department, which may include a prorated distribution to
34participating schools and school districts.
2   Sec. 8.  Section 200.3, subsection 24, Code 2021, is amended
3by striking the subsection.
4   Sec. 9.  Section 200.14, Code 2021, is amended to read as
   6200.14  Rules.
   71.  a.  The secretary is authorized, after public hearing,
8following due notice, to
 department may adopt rules setting
 pursuant to chapter 17A providing minimum general
10safety standards for the design, construction, location,
11installation, and operation of equipment for storage, handling,
12transportation by tank truck or tank trailer, and utilization
13of anhydrous ammonia fertilizers and soil conditioners.
   14a.    b.  The rules shall be such as are reasonably necessary
15for the protection and safety of the public and persons using
16anhydrous ammonia fertilizers or soil conditioners, and shall
17be in substantial conformity with the generally accepted
18standards of safety.
   19b.  Rules that are in substantial conformity with the
20published standards of the agricultural ammonia institute for
21the design, installation and construction of containers and
22pertinent equipment for the storage and handling of anhydrous
23ammonia, shall be deemed to be in substantial conformity with
24the generally accepted standards of safety.
   252.    c.  Anhydrous ammonia Fertilizer and soil conditioner
26 equipment shall be installed and maintained in a safe operating
27condition and in conformity with rules adopted by the secretary
   293.    2.  The secretary shall enforce this chapter and, after
30due publicity and due public hearing,
 department may adopt such
31reasonable rules as may be necessary in order to carry into
32effect the purpose, and intent and to secure the efficient
33administration, of this chapter.
   344.    3.  This chapter does not prohibit the use of storage
35tanks smaller than transporting tanks nor the transfer of all
-5-1kinds of fertilizer including anhydrous ammonia fertilizers
2or soil conditioners
directly from transporting tanks to
3implements of husbandry, if proper safety precautions are
9   Sec. 10.  Section 214.1, Code 2021, is amended by adding the
10following new subsection:
11   NEW SUBSECTION.  6.  “Weighmaster” means a person who keeps
12and regularly uses a commercial weighing and measuring device
13to accurately weigh objects for others as part of the person’s
14business operated on a profit, cooperative, or nonprofit basis.
15   Sec. 11.  Section 214.3, subsection 1, Code 2021, is amended
16to read as follows:
   171.  The A license issued by the department for the inspection
18of a commercial weighing and measuring device shall expire on
19December 31 of each year, and for a motor fuel pump on June 30
20of each year. The amount of the fee due for each license shall
21be as provided in subsection 3, except that the fee for a motor
22fuel pump shall be four dollars and fifty cents if paid within
23one month from the date the license is due.

24   Sec. 12.  Section 214.3, subsection 3, paragraph e,
25subparagraph (2), Code 2021, is amended to read as follows:
   26(2)  Retail motor fuel pump, nine four dollars and fifty
28   Sec. 13.  Section 214.4, subsection 1, unnumbered paragraph
291, Code 2021, is amended to read as follows:
   30If the department does not receive payment of the license
31fee required pursuant to section 214.3 within one month from
32the due date, the department shall send deliver a notice to
33the owner or operator of the device. The notice shall be
34delivered by certified mail.
The notice shall state all of the
1   Sec. 14.  Section 214.6, Code 2021, is amended to read as
   3214.6  Oath Duties of weighmasters weighmaster.
   4All persons keeping a commercial weighing and measuring
5device, before entering upon their duties as weighmasters,
shall be sworn before some person having authority
7to administer oaths, to keep their
 ensure that a commercial
8weighing and measuring
device is correctly balanced, to make
9true weights, and to shall render a correct account to the
10person having weighing done.
11   Sec. 15.  Section 214.11, Code 2021, is amended to read as
   13214.11  Inspections — recalibrations — penalty.
   141.  The department shall provide for annual inspections
15of all motor fuel pumps, including but not limited to motor
16fuel blender pumps, licensed under this chapter. Inspections
17shall be for the purpose of determining the accuracy of the
18pumps’ measuring mechanisms, and for such
 and correctness of
19motor fuel pumps. For that
purpose the department’s inspectors
20may enter upon the premises of any wholesale dealer or retail
21dealer, as they are defined in section 214A.1, of motor fuel
22or fuel oil within this state
   232.  Upon completion of an inspection, the inspector shall
24affix the department’s seal to the measuring mechanism of the
25motor fuel pump. The seal shall be appropriately marked,
26dated, and recorded by the inspector. If the owner of an
27inspected and sealed motor fuel pump is registered with the
28department as a servicer in accordance with section 215.23,
29or employs a person so registered as a servicer, the owner
30or other servicer may open the motor fuel pump, break the
31department’s seal, recalibrate the measuring mechanism if
32necessary, and reseal the motor fuel pump as long as the
33department is notified of the recalibration within forty-eight
34hours, on a form in a manner provided by the department.
   352.    3.  A person violating a provision of this section is,
-7-1upon conviction, guilty of a simple misdemeanor.
4   Sec. 16.  Section 214A.2A, subsection 1, Code 2021, is
5amended to read as follows:
   61.  Fuel which is sold or is kept, offered, or exposed for
7sale as kerosene shall be labeled as kerosene. The label
8shall include the word “kerosene” and a or the designation as
9either “K1” or “K2”
 “K1 kerosene”, and shall indicate that
10the kerosene is in compliance with the standard specification
11adopted by A.S.T.M. international specification D3699 (1982).
12   Sec. 17.  REPEAL.  Section 214A.15, Code 2021, is repealed.
13part c
15   Sec. 18.  Section 215.4, Code 2021, is amended to read as
   17215.4  Tag for inaccurate or incorrect device — reinspection
18— license fee.
   19A commercial weighing and measuring device found to be
20inaccurate or incorrect upon inspection by the department
21shall be rejected or tagged “condemned until repaired” and
22the “licensed for commercial use” inspection sticker shall be
23removed. If notice is received by the department that the
24device has been repaired and upon reinspection the device is
25found to be accurate or correct, the a license fee shall not
 may be charged for the reinspection. However, a second license
27fee shall be charged if upon reinspection the device is found
28to be inaccurate. The device shall be tagged “condemned” and
29removed from service if a third reinspection fails.
30   Sec. 19.  Section 215.7, Code 2021, is amended to read as
   32215.7  Transactions by false weights or measures.
   331.  A person shall be deemed to have violated the provisions
34of this chapter and shall be punished as provided in chapter
if the person does any of the following apply:
   11.    a.  The person sells Sells, trades, delivers, charges
2for, or claims to have delivered to a purchaser an amount
3of any commodity which is less in weight or measure than
4that which is asked for, agreed upon, claimed to have been
5delivered, or noted on the delivery ticket.
   62.    b.  The person makes Makes a settlement for or enters
7a credit, based upon any false weight or measurement, for any
8commodity purchased.
   93.    c.  The person makes Makes a settlement for or enters
10a credit, based upon any false weight or measurement, for any
11labor where the price of producing or mining is determined by
12weight or measure.
   134.    d.  The person records Records a false weight or
14measurement upon the weight ticket or book.
   152.  The department may adopt rules pursuant to chapter 17A
16that allow for reasonable variations and exceptions for small
   183.  A person who violates this section is guilty of a simple
20   Sec. 20.  Section 215.23, Code 2021, is amended to read as
   22215.23  Servicer’s license.
   231.  A servicer shall not install, service, or repair a
24commercial weighing and measuring device until the servicer
25has demonstrated that the servicer has available adequate
26testing equipment, and that the servicer possesses a working
27knowledge of all devices the servicer intends to install or
28repair and of all appropriate weights, measures, statutes, and
29rules, as evidenced by passing a qualifying examination to
30be conducted by the department and obtaining a license. The
31secretary of agriculture shall establish by rule pursuant to
32chapter 17A, requirements for and contents of the examination.
 The department may adopt rules pursuant to chapter 17A setting
34forth qualification requirements for persons applying for a
35servicer’s license, including an examination.

   12.  In determining these a servicer’s qualifications, the
2secretary shall department may consider the specifications
3of the United States national institute of standards and
4technology, handbook 44, “Specifications, Tolerances, and
5Technical Requirements for Weighing and Measuring Devices”,
6or the current successor or equivalent specifications adopted
7by the United States national institute of standards and
   93.  The secretary shall department may require an annual the
10payment of a
license fee of not more than five dollars for an
11amount established by rule
for each license issued under this
   134.  Each A license shall expire one year two years from its
14 date of issuance.
15   Sec. 21.  REPEAL.  Sections 215.3 and 215.8, Code 2021, are
18The inclusion of this explanation does not constitute agreement with
19the explanation’s substance by the members of the general assembly.
   20GENERAL. This bill amends, enacts, or repeals a number
21of provisions administered or regulated by the department of
22agriculture and land stewardship (DALS) as codified in Title V
23of the Code, including in subtitle 1, which includes a number
24of general provisions, subtitle 2, which includes provisions
25regulating animal industry, and subtitle 4, which provides for
26agricultural commodities and products in addition to related
   28SUBTITLE 1 — ADMINISTRATION. The bill eliminates a
29requirement that DALS maintain a marketing news service
30bureau, but retains a requirement that it cooperate with the
31agricultural marketing service of the United States department
32of agriculture (Code section 159.5).
34eliminates a requirement that an application form for the
35issuance or renewal of an authorization to operate a commercial
-10-1establishment include the applicant’s identification number,
2which may be a tax identification number. It also requires a
3person applying for a state license to present DALS with a form
4of identification (Code section 162.2A).
   5VETERINARY PRACTICE. The bill provides for the
6certification of veterinary assistants by the board of
7veterinary medicine functioning within DALS. Currently,
8a certificate does not expire. The bill provides that a
9certificate expires each three-year period (a triennium) and
10is subject to renewal (Code section 169.20). A veterinary
11assistant required to be certified is a person employed by a
12licensed veterinarian to perform certain duties while acting
13under the veterinarian’s direct supervision (Code section
14169.3(12) and 811 IAC ch.8).
16a local farm produce program to assist schools and school
17districts purchasing fresh farm produce directly from farmers
18or distributors of fresh farm produce (Code chapter 190A).
19 DALS may reimburse a school or school district for expenditures
20on such products to the extent moneys are available to support
21the program. The available moneys would be allocated during
22the school year on a matching basis, subject to a $1,000 cap.
23The bill also creates a local farm produce fund to support the
26to adopt rules regulating the design, construction, location,
27installation, and operation of equipment associated with
28the use of fertilizers and soil conditioners (Code sections
29200.3 and 200.14). Current law allows DALS to adopt such
30rules regulating anhydrous ammonia equipment. The bill also
31eliminates a requirement that such rules be in conformity with
32the published standards of the agricultural ammonia institute.
33A person violating such rules is guilty of a simple misdemeanor
34(Code section 200.18).
   35WEIGHTS AND MEASURES (GENERAL). The bill amends a number
-11-1of provisions regulating weights and measures, including the
2inspection of associated devices. The bill reduces the fee
3for the inspection of motor fuel pumps from $9 to $4.50 (the
4same amount due under current law if the inspection fee is paid
5early) (Code section 214.3). The bill no longer requires that
6DALS deliver a late payment notice to an owner or operator of
7a device by certified mail (Code section 214.4). The bill
8eliminates a requirement that a weighmaster (a person who keeps
9and uses a device as part of a business) must take an oath (Code
10sections 214.1 and 214.6).
   11WEIGHTS AND MEASURES (MOTOR FUEL). The bill revises
12requirements for the labeling of kerosene (Code section
13214A.2A). The bill also repeals a provision prohibiting a
14person from placing gasoline into a receptacle, unless the
15receptacle states a warning (Code section 214A.15).
   16WEIGHTS AND MEASURES (INSPECTIONS). The bill provides that
17DALS may but is no longer required to charge a license fee for
18a device that has been taken out of service due to a repair
19and reinspected (Code section 215.4). The bill allows DALS
20to make an exception in a case where a commercial transaction
21involves a small package, and the person would otherwise be
22guilty of a simple misdemeanor because the person stated
23a false weight or measure (Code section 215.7). The bill
24provides for the regulation of a servicer (a person employed
25to install, service, or repair a device), by eliminating
26an examination requirement and allowing DALS to require
27qualification standards which may include an examination
28(Code sections 215.1 and 215.23). The bill provides for a
29two-year rather than annual servicer license and allows DALS to
30establish the license fee. The annual license fee is currently
31$5. The bill eliminates a provision that allows DALS to charge
32a complaining party an inspection fee, if the complaint was
33unfounded (Code section 215.3). The bill repeals a provision
34that authorizes DALS to establish reasonable variances in the
35weighing and measuring of small packages (Code section 215.8).
-12-1That qualification is incorporated in the amendments to the
2provision regulating small package transactions (Code section
   4CRIMINAL PENALTIES. A simple misdemeanor is punishable by
5confinement for no more than 30 days or a fine of at least $105
6but not more than $855 or by both.