Senate File 359 - 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.
14   Sec. 2.  Section 162.2A, subsection 3, paragraph d, Code
152021, is amended by striking the paragraph.
20   Sec. 3.  Section 190A.1, Code 2021, is amended by striking
21the section and inserting in lieu thereof the following:
   22190A.1  Short title.
   23This chapter shall be known and may be cited as the
24“Farm-to-School Act”.
25   Sec. 4.  NEW SECTION.  190A.2  Definitions.
   26As used in this subchapter, unless the context otherwise
   281.  “Department” means the department of agriculture and land
   302.  “Food animal” means an animal belonging to the bovine,
31caprine, ovine, or porcine species; turkeys, chickens, or other
32types of poultry; farm deer as defined in section 170.1; fish
33or other aquatic organisms confined in private waters for human
34consumption; or bees.
   353.  “Food commodity” means any of the following:
   1a.  A food animal.
   2b.  An item regularly generated by a food animal, including
3milk, eggs, or honey, that has been collected, and that is to
4be processed into a food product.
   5c.  Sap or whole produce, including vegetables or fruit,
6that has been harvested and that is to be processed into a food
   84.  “Food product” means a perishable or nonperishable
9product derived from processing a food commodity to be fit for
10human consumption, including but not limited to pasteurized
11milk or dairy products, washed shelled eggs, cut and washed
12produce, honey, maple syrup, unshelled or shelled nuts, cuts of
13meat or poultry, or cuts of fish or shelled aquatic items.
   145.  “Fund” means the farm-to-school fund created in section
   166.  “Process” means to prepare a food commodity in a manner
17that allows it to be sold to consumers as a food product,
18including by altering the form or identity of the commodity;
19trimming, cutting, cleaning, drying, filtering, sorting, or
20shelling the commodity; or packaging the commodity.
   217.  “Program” means the farm-to-school program created in
22section 190A.6.
   238.  “School” means a public school or nonpublic school, as
24those terms are defined in section 280.2, or that portion of a
25public school or nonpublic school that provides facilities for
26teaching any grade from kindergarten through grade twelve.
   279.  “School district” means a school district as described
28in chapter 274.
29   Sec. 5.  Section 190A.3, subsection 1, Code 2021, is amended
30to read as follows:
   311.  The farm-to-school program shall seek to link elementary
32and secondary public and nonpublic schools in this state
33with Iowa farms to provide schools with fresh and minimally
 wholesome, locally produced food for inclusion in
35school meals and snacks, encourage children to develop healthy
-2-1eating habits, and provide Iowa farmers access to consumer
3   Sec. 6.  NEW SECTION.  190A.5  Farm-to-school fund.
   41.  A farm-to-school fund is created in the state treasury
5under the management and control of the department.
   62.  The fund shall include moneys appropriated to the fund
7by the general assembly. The fund may include other moneys
8available to and obtained or accepted by the department,
9including moneys from public or private sources.
   103.  Moneys in the fund are appropriated to support the
11program in a manner determined by the department, including for
12reasonable administrative costs incurred by the department.
13Moneys expended from the fund shall not require further special
14authorization by the general assembly.
   154.  a.  Notwithstanding section 12C.7, interest or earnings
16on moneys in the fund shall be credited to the fund.
   17b.  Notwithstanding section 8.33, moneys credited to the
18fund that remain unencumbered or unobligated at the end of a
19fiscal year shall not revert but shall remain available for the
20purposes designated.
21   Sec. 7.  NEW SECTION.  190A.6  Farm-to-school program.
   221.  A farm-to-school program is created. The program shall
23be controlled and administered by the department.
   242.  The purpose of the program is to assist schools and
25school districts in purchasing food products derived from food
26commodities produced on a farm.
   273.  The department shall reimburse a school or school
28district for expenditures incurred by the school or school
29district during the school year in which the school or school
30district is participating in the program to purchase food
31products derived from food commodities produced on a farm.
   324.  A school or school district must apply each year to the
33department to participate in the program according to rules
34adopted by the department pursuant to chapter 17A.
   355.  To be eligible to participate in the program, a school or
-3-1school district must purchase a food product directly from a
2farm source as follows:
   3a.  The farm source must be any of the following:
   4(1)  A farm where a food commodity is produced, if the food
5commodity is processed into a food product on the farm for sale
6to a consumer.
   7(2)  A business premises that is directly shipped a food
8commodity from a farm, if the food commodity is processed into
9a food product on the business premises for sale to a consumer.
   10(3)  A business premises that is directly shipped a food
11product from a farm, if the food product is purchased for
12resale to a consumer or is distributed to a consumer on behalf
13of a farmer.
   14b.  The farm source must comply with all applicable laws
15regulating the sale of food.
   16c.  The farm source must be located within thirty miles of
17the school or the school district’s border.
   186.  The department shall require proof of purchase prior to
19reimbursing the school or school district for the purchase of
20food products.
   217.  The department may administer the program in cooperation
22with the department of education and the participating school
23or school district in which a participating school is located.
   248.  a.  The department shall reimburse a participating
25school or school district that submits a claim as required
26by the department. The department shall pay the claim on a
27matching basis with the department contributing one dollar
28for every three dollars expended by the school or school
29district. However, a school or school district shall not
30receive more than one thousand dollars during any year in which
31it participates in the program.
   32b.  Notwithstanding paragraph “a”, if the department
33determines that there are sufficient moneys in the fund to
34satisfy all claims that may be submitted by schools and school
35districts, the department shall provide for the distribution
-4-1of the available moneys in a manner determined equitable by
2the department, which may include a prorated distribution to
3participating schools and school districts.
6   Sec. 8.  Section 200.3, subsection 24, Code 2021, is amended
7by striking the subsection.
8   Sec. 9.  Section 200.14, Code 2021, is amended to read as
   10200.14  Rules.
   111.  a.  The secretary is authorized, after public hearing,
12following due notice, to
 department may adopt rules setting
 pursuant to chapter 17A providing minimum general
14safety standards for the design, construction, location,
15installation, and operation of equipment for storage, handling,
16transportation by tank truck or tank trailer, and utilization
17of anhydrous ammonia fertilizers and soil conditioners.
   18a.    b.  The rules shall be such as are reasonably necessary
19for the protection and safety of the public and persons using
20anhydrous ammonia fertilizers or soil conditioners, and shall
21be in substantial conformity with the generally accepted
22standards of safety.
   23b.  Rules that are in substantial conformity with the
24published standards of the agricultural ammonia institute for
25the design, installation and construction of containers and
26pertinent equipment for the storage and handling of anhydrous
27ammonia, shall be deemed to be in substantial conformity with
28the generally accepted standards of safety.
   292.    c.  Anhydrous ammonia Fertilizer and soil conditioner
30 equipment shall be installed and maintained in a safe operating
31condition and in conformity with rules adopted by the secretary
   333.    2.  The secretary shall enforce this chapter and, after
34due publicity and due public hearing,
 department may adopt such
35reasonable rules as may be necessary in order to carry into
-5-1effect the purpose, and intent and to secure the efficient
2administration, of this chapter.
   34.    3.  This chapter does not prohibit the use of storage
4tanks smaller than transporting tanks nor the transfer of all
5kinds of fertilizer including anhydrous ammonia fertilizers
6or soil conditioners
directly from transporting tanks to
7implements of husbandry, if proper safety precautions are
13   Sec. 10.  Section 214.1, Code 2021, is amended by adding the
14following new subsection:
15   NEW SUBSECTION.  6.  “Weighmaster” means a person who keeps
16and regularly uses a commercial weighing and measuring device
17to accurately weigh objects for others as part of the person’s
18business operated on a profit, cooperative, or nonprofit basis.
19   Sec. 11.  Section 214.3, subsection 1, Code 2021, is amended
20to read as follows:
   211.  The A license issued by the department for the inspection
22of a commercial weighing and measuring device shall expire on
23December 31 of each year, and for a motor fuel pump on June 30
24of each year. The amount of the fee due for each license shall
25be as provided in subsection 3, except that the fee for a motor
26fuel pump shall be four dollars and fifty cents if paid within
27one month from the date the license is due.

28   Sec. 12.  Section 214.3, subsection 3, paragraph e,
29subparagraph (2), Code 2021, is amended to read as follows:
   30(2)  Retail motor fuel pump, nine four dollars and fifty
32   Sec. 13.  Section 214.4, subsection 1, unnumbered paragraph
331, Code 2021, is amended to read as follows:
   34If the department does not receive payment of the license
35fee required pursuant to section 214.3 within one month from
-6-1the due date, the department shall send deliver a notice to
2the owner or operator of the device. The notice shall be
3delivered by certified mail.
The notice shall state all of the
5   Sec. 14.  Section 214.6, Code 2021, is amended to read as
   7214.6  Oath Duties of weighmasters weighmaster.
   8All persons keeping a commercial weighing and measuring
9device, before entering upon their duties as weighmasters,
shall be sworn before some person having authority
11to administer oaths, to keep their
 ensure that a commercial
12weighing and measuring
device is correctly balanced, to make
13true weights, and to shall render a correct account to the
14person having weighing done.
15   Sec. 15.  Section 214.11, Code 2021, is amended to read as
   17214.11  Inspections — recalibrations — penalty.
   181.  The department shall provide for annual inspections
19of all motor fuel pumps, including but not limited to motor
20fuel blender pumps, licensed under this chapter. Inspections
21shall be for the purpose of determining the accuracy of the
22pumps’ measuring mechanisms, and for such
 and correctness of
23motor fuel pumps. For that
purpose the department’s inspectors
24may enter upon the premises of any wholesale dealer or retail
25dealer, as they are defined in section 214A.1, of motor fuel
26or fuel oil within this state
   272.  Upon completion of an inspection, the inspector shall
28affix the department’s seal to the measuring mechanism of the
29motor fuel pump. The seal shall be appropriately marked,
30dated, and recorded by the inspector. If the owner of an
31inspected and sealed motor fuel pump is registered with the
32department as a servicer in accordance with section 215.23,
33or employs a person so registered as a servicer, the owner
34or other servicer may open the motor fuel pump, break the
35department’s seal, recalibrate the measuring mechanism if
-7-1necessary, and reseal the motor fuel pump as long as the
2department is notified of the recalibration within forty-eight
3hours, on a form in a manner provided by the department.
   42.    3.  A person violating a provision of this section is,
5upon conviction, guilty of a simple misdemeanor.
8   Sec. 16.  Section 214A.2A, subsection 1, Code 2021, is
9amended to read as follows:
   101.  Fuel which is sold or is kept, offered, or exposed for
11sale as kerosene shall be labeled as kerosene. The label
12shall include the word “kerosene” and a or the designation as
13either “K1” or “K2”
 “K1 kerosene”, and shall indicate that
14the kerosene is in compliance with the standard specification
15adopted by A.S.T.M. international specification D3699 (1982).
16   Sec. 17.  REPEAL.  Section 214A.15, Code 2021, is repealed.
17part c
19   Sec. 18.  Section 215.4, Code 2021, is amended to read as
   21215.4  Tag for inaccurate or incorrect device — reinspection
22— license fee.
   23A commercial weighing and measuring device found to be
24inaccurate or incorrect upon inspection by the department
25shall be rejected or tagged “condemned until repaired” and
26the “licensed for commercial use” inspection sticker shall be
27removed. If notice is received by the department that the
28device has been repaired and upon reinspection the device is
29found to be accurate or correct, the a license fee shall not
 may be charged for the reinspection. However, a second license
31fee shall be charged if upon reinspection the device is found
32to be inaccurate. The device shall be tagged “condemned” and
33removed from service if a third reinspection fails.
34   Sec. 19.  Section 215.7, Code 2021, is amended to read as
-8-   1215.7  Transactions by false weights or measures.
   21.  A person shall be deemed to have violated the provisions
3of this chapter and shall be punished as provided in chapter
if the person does any of the following apply:
   51.    a.  The person sells Sells, trades, delivers, charges
6for, or claims to have delivered to a purchaser an amount
7of any commodity which is less in weight or measure than
8that which is asked for, agreed upon, claimed to have been
9delivered, or noted on the delivery ticket.
   102.    b.  The person makes Makes a settlement for or enters
11a credit, based upon any false weight or measurement, for any
12commodity purchased.
   133.    c.  The person makes Makes a settlement for or enters
14a credit, based upon any false weight or measurement, for any
15labor where the price of producing or mining is determined by
16weight or measure.
   174.    d.  The person records Records a false weight or
18measurement upon the weight ticket or book.
   192.  The department may adopt rules pursuant to chapter 17A
20that allow for reasonable variations and exceptions for small
   223.  A person who violates this section is guilty of a simple
24   Sec. 20.  Section 215.23, Code 2021, is amended to read as
   26215.23  Servicer’s license.
   271.  A servicer shall not install, service, or repair a
28commercial weighing and measuring device until the servicer
29has demonstrated that the servicer has available adequate
30testing equipment, and that the servicer possesses a working
31knowledge of all devices the servicer intends to install or
32repair and of all appropriate weights, measures, statutes, and
33rules, as evidenced by passing a qualifying examination to
34be conducted by the department and obtaining a license. The
35secretary of agriculture shall establish by rule pursuant to
-9-1chapter 17A, requirements for and contents of the examination.
 The department may adopt rules pursuant to chapter 17A setting
3forth qualification requirements for persons applying for a
4servicer’s license, including an examination.

   52.  In determining these a servicer’s qualifications, the
6secretary shall department may consider the specifications
7of the United States national institute of standards and
8technology, handbook 44, “Specifications, Tolerances, and
9Technical Requirements for Weighing and Measuring Devices”,
10or the current successor or equivalent specifications adopted
11by the United States national institute of standards and
   133.  The secretary shall department may require an annual the
14payment of a
license fee of not more than five dollars for an
15amount established by rule
for each license issued under this
   174.  Each A license shall expire one year two years from its
18 date of issuance.
19   Sec. 21.  REPEAL.  Sections 215.3 and 215.8, Code 2021, are
22The inclusion of this explanation does not constitute agreement with
23the explanation’s substance by the members of the general assembly.
   24GENERAL. This bill amends, enacts, or repeals a number
25of provisions administered or regulated by the department of
26agriculture and land stewardship (DALS) as codified in Title V
27of the Code, including in subtitle 1, which includes a number
28of general provisions, subtitle 2, which includes provisions
29regulating animal industry, and subtitle 4, which provides for
30agricultural commodities and products in addition to related
   32SUBTITLE 1 — ADMINISTRATION. The bill eliminates a
33requirement that DALS maintain a marketing news service
34bureau, but retains a requirement that it cooperate with the
35agricultural marketing service of the United States department
-10-1of agriculture (Code section 159.5).
3eliminates a requirement that an application form for the
4issuance or renewal of an authorization to operate a commercial
5establishment include the applicant’s identification number,
6which may be a tax identification number.
   7SUBTITLE 4 — FARM-TO-SCHOOL PROGRAM. The bill amends
8provisions creating a farm-to-school program administered by
9DALS under Code chapter 190A. The program assists schools
10and school districts in purchasing food products derived from
11food commodities produced on a farm and either processed on
12the farm or processed at a business premises (referred to
13as a farm source) located within 30 miles of the school or
14school district’s borders. A food product is a perishable or
15nonperishable product derived from processing a food commodity
16including pasteurized milk or dairy products, washed shelled
17eggs, cut and washed produce, honey, maple syrup, unshelled
18or shelled nuts, cuts of meat or poultry, or cuts of fish or
19shelled aquatic items. DALS may reimburse a school or school
20district for expenditures for such products to the extent
21moneys are available to support the program. The available
22moneys would be allocated during the school year on a matching
23basis, subject to a $1,000 cap. The bill also creates a
24farm-to-school fund to support the program.
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.