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Senate File 578 - IntroducedA Bill ForAn Act 1relating to the powers and duties of the department of
2agriculture and land stewardship, including by providing for
3administration, programs, and regulations, providing fees,
4providing penalties, and making penalties applicable.
5BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1DIVISION I
2DEPARTMENTAL ORGANIZATION
3 Section 1. Section 159.5, subsection 7, Code 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.
12DIVISION II
13ANIMALS
14part A
15commercial establishments
16 Sec. 2. Section 162.2A, subsection 3, paragraph d, Code
172021, is amended by striking the paragraph.
18PART B
19FOREIGN ANIMAL DISEASE CONTROL
20 Sec. 3. Section 22.7, Code 2021, is amended by adding the
21following new subsection:
22 NEW SUBSECTION. 39A. Information related to the
23registration and identification of any premises where animals
24are kept as authorized pursuant to the foreign animal disease
25preparedness and response strategy as provided in section
26163.3C.
27 Sec. 4. Section 163.3C, Code 2021, is amended by adding the
28following new subsection:
29 NEW SUBSECTION. 3. a. In developing and establishing a
30foreign animal disease preparedness and response strategy, the
31department may collect, maintain, and use information related
32to the registration and identification of any premises where
33animals are kept. The information may include but is not
34limited to all of the following:
35(1) The name, address, and contact information of an
-1-1interested person.
2(2) The location of the premises where the animals are kept.
3(3) An identification number assigned to the premises where
4the animals are kept.
5b. The information described in paragraph “a” is a
6confidential record as provided in section 22.7. Nothing
7in this subsection limits the department in acting as the
8lawful custodian of the confidential record from disclosing
9the record or any part of the record to another person if the
10department determines that such disclosure will assist in
11implementing, administering, or enforcing the foreign animal
12disease preparedness and response strategy.
13DIVISION III
14COMMODITY PRODUCTION AND SALE
15PART A
16FARM-TO-SCHOOL ACT
17 Sec. 5. Section 190A.1, Code 2021, is amended by striking
18the section and inserting in lieu thereof the following:
19190A.1 Short title.
20This chapter shall be known and may be cited as the
21“Farm-to-School Act”.
22 Sec. 6. NEW SECTION. 190A.2 Definitions.
23As used in this subchapter, unless the context otherwise
24requires:
251. “Department” means the department of agriculture and land
26stewardship.
272. “Food animal” means an animal belonging to the bovine,
28caprine, ovine, or porcine species; turkeys, chickens, or other
29types of poultry; farm deer as defined in section 170.1; fish
30or other aquatic organisms confined in private waters for human
31consumption; or bees.
323. “Food commodity” means any of the following:
33a. A food animal.
34b. An item regularly generated by a food animal, including
35milk, eggs, or honey, that has been collected, and that is to
-2-1be processed into a food product.
2c. Sap or whole produce, including vegetables or fruit,
3that has been harvested and that is to be processed into a food
4product.
54. “Food product” means a perishable or nonperishable
6product derived from processing a food commodity to be fit for
7human consumption, including but not limited to pasteurized
8milk or dairy products, washed shelled eggs, cut and washed
9produce, honey, maple syrup, unshelled or shelled nuts, cuts of
10meat or poultry, or cuts of fish or shelled aquatic items.
115. “Fund” means the farm-to-school fund created in section
12190A.5.
136. “Process” means to prepare a food commodity in a manner
14that allows it to be sold to consumers as a food product,
15including by altering the form or identity of the commodity;
16trimming, cutting, cleaning, drying, filtering, sorting, or
17shelling the commodity; or packaging the commodity.
187. “Program” means the farm-to-school program created in
19section 190A.6.
208. “School” means a public school or nonpublic school, as
21those terms are defined in section 280.2, or that portion of a
22public school or nonpublic school that provides facilities for
23teaching any grade from kindergarten through grade twelve.
249. “School district” means a school district as described
25in chapter 274.
26 Sec. 7. Section 190A.3, subsection 1, Code 2021, is amended
27to read as follows:
281. The farm-to-school program shall seek to link elementary
29and secondary public and nonpublic schools in this state
30with Iowa farms to provide schools with fresh and minimally
31processed wholesome, locally produced food for inclusion in
32school meals and snacks, encourage children to develop healthy
33eating habits, and provide Iowa farmers access to consumer
34markets.
35 Sec. 8. NEW SECTION. 190A.5 Farm-to-school fund.
-3- 11. A farm-to-school fund is created in the state treasury
2under the management and control of the department.
32. The fund shall include moneys appropriated to the fund
4by the general assembly. The fund may include other moneys
5available to and obtained or accepted by the department,
6including moneys from public or private sources.
73. Moneys in the fund are appropriated to support the
8program in a manner determined by the department, including for
9reasonable administrative costs incurred by the department.
10Moneys expended from the fund shall not require further special
11authorization by the general assembly.
124. a. Notwithstanding section 12C.7, interest or earnings
13on moneys in the fund shall be credited to the fund.
14b. Notwithstanding section 8.33, moneys credited to the
15fund that remain unencumbered or unobligated at the end of a
16fiscal year shall not revert but shall remain available for the
17purposes designated.
18 Sec. 9. NEW SECTION. 190A.6 Farm-to-school program.
191. A farm-to-school program is created. The program shall
20be controlled and administered by the department.
212. The purpose of the program is to assist schools and
22school districts in purchasing food products derived from food
23commodities produced on a farm.
243. The department shall reimburse a school or school
25district for expenditures incurred by the school or school
26district during the school year in which the school or school
27district is participating in the program to purchase food
28products derived from food commodities produced on a farm.
294. A school or school district must apply each year to the
30department to participate in the program according to rules
31adopted by the department pursuant to chapter 17A.
325. To be eligible to participate in the program, a school or
33school district must purchase a food product directly from a
34farm source as follows:
35a. The farm source must be any of the following:
-4- 1(1) A farm where a food commodity is produced, if the food
2commodity is processed into a food product on the farm for sale
3to a consumer.
4(2) A business premises that is directly shipped a food
5commodity from a farm, if the food commodity is processed into
6a food product on the business premises for sale to a consumer.
7(3) A business premises that is directly shipped a food
8product from a farm, if the food product is purchased for
9resale to a consumer or is distributed to a consumer on behalf
10of a farmer.
11b. The farm source must comply with all applicable laws
12regulating the sale of food.
13c. The farm source must be located within thirty miles of
14the school or the school district’s border.
156. The department shall require proof of purchase prior to
16reimbursing the school or school district for the purchase of
17food products.
187. The department may administer the program in cooperation
19with the department of education and the participating school
20or school district in which a participating school is located.
218. a. The department shall reimburse a participating
22school or school district that submits a claim as required
23by the department. The department shall pay the claim on a
24matching basis with the department contributing one dollar
25for every three dollars expended by the school or school
26district. However, a school or school district shall not
27receive more than one thousand dollars during any year in which
28it participates in the program.
29b. Notwithstanding paragraph “a”, if the department
30determines that there are sufficient moneys in the fund to
31satisfy all claims that may be submitted by schools and school
32districts, the department shall provide for the distribution
33of the available moneys in a manner determined equitable by
34the department, which may include a prorated distribution to
35participating schools and school districts.
-5-1PART B
2FERTILIZERS AND SOIL CONDITIONERS
3 Sec. 10. Section 200.3, subsection 24, Code 2021, is amended
4by striking the subsection.
5 Sec. 11. Section 200.14, Code 2021, is amended to read as
6follows:
7200.14 Rules.
81. a. The secretary is authorized, after public hearing,
9following due notice, to department may adopt rules setting
10forth pursuant to chapter 17A providing minimum general
11safety standards for the design, construction, location,
12installation, and operation of equipment for storage, handling,
13transportation by tank truck or tank trailer, and utilization
14of anhydrous ammonia fertilizers and soil conditioners.
15a. b. The rules shall be such as are reasonably necessary
16for the protection and safety of the public and persons using
17anhydrous ammonia fertilizers or soil conditioners, and shall
18be in substantial conformity with the generally accepted
19standards of safety.
20b. Rules that are in substantial conformity with the
21published standards of the agricultural ammonia institute for
22the design, installation and construction of containers and
23pertinent equipment for the storage and handling of anhydrous
24ammonia, shall be deemed to be in substantial conformity with
25the generally accepted standards of safety.
262. c. Anhydrous ammonia Fertilizer and soil conditioner
27 equipment shall be installed and maintained in a safe operating
28condition and in conformity with rules adopted by the secretary
29 department.
303. 2. The secretary shall enforce this chapter and, after
31due publicity and due public hearing, department may adopt such
32reasonable rules as may be necessary in order to carry into
33effect the purpose, and intent and to secure the efficient
34administration, of this chapter.
354. 3. This chapter does not prohibit the use of storage
-6-1tanks smaller than transporting tanks nor the transfer of all
2kinds of fertilizer including anhydrous ammonia fertilizers
3or soil conditioners directly from transporting tanks to
4implements of husbandry, if proper safety precautions are
5observed.
6DIVISION IV
7WEIGHTS AND MEASURES
8PART A
9GENERAL
10 Sec. 12. Section 214.1, Code 2021, is amended by adding the
11following new subsection:
12 NEW SUBSECTION. 6. “Weighmaster” means a person who keeps
13and regularly uses a commercial weighing and measuring device
14to accurately weigh objects for others as part of the person’s
15business operated on a profit, cooperative, or nonprofit basis.
16 Sec. 13. Section 214.3, subsection 1, Code 2021, is amended
17to read as follows:
181. The A license issued by the department for the inspection
19of a commercial weighing and measuring device shall expire on
20December 31 of each year, and for a motor fuel pump on June 30
21of each year. The amount of the fee due for each license shall
22be as provided in subsection 3, except that the fee for a motor
23fuel pump shall be four dollars and fifty cents if paid within
24one month from the date the license is due.
25 Sec. 14. Section 214.3, subsection 3, paragraph e,
26subparagraph (2), Code 2021, is amended to read as follows:
27(2) Retail motor fuel pump, nine four dollars and fifty
28cents.
29 Sec. 15. Section 214.4, subsection 1, unnumbered paragraph
301, Code 2021, is amended to read as follows:
31If the department does not receive payment of the license
32fee required pursuant to section 214.3 within one month from
33the due date, the department shall send deliver a notice to
34the owner or operator of the device. The notice shall be
35delivered by certified mail. The notice shall state all of the
-7-1following:
2 Sec. 16. Section 214.6, Code 2021, is amended to read as
3follows:
4214.6 Oath Duties of weighmasters weighmaster.
5All persons keeping a commercial weighing and measuring
6device, before entering upon their duties as weighmasters, A
7weighmaster shall be sworn before some person having authority
8to administer oaths, to keep their ensure that a commercial
9weighing and measuring device is correctly balanced, to make
10true weights, and to shall render a correct account to the
11person having weighing done.
12 Sec. 17. Section 214.11, Code 2021, is amended to read as
13follows:
14214.11 Inspections — recalibrations — penalty.
151. The department shall provide for annual inspections
16of all motor fuel pumps, including but not limited to motor
17fuel blender pumps, licensed under this chapter. Inspections
18shall be for the purpose of determining the accuracy of the
19pumps’ measuring mechanisms, and for such and correctness of
20motor fuel pumps. For that purpose the department’s inspectors
21may enter upon the premises of any wholesale dealer or retail
22dealer, as they are defined in section 214A.1, of motor fuel
23or fuel oil within this state.
242. Upon completion of an inspection, the inspector shall
25affix the department’s seal to the measuring mechanism of the
26motor fuel pump. The seal shall be appropriately marked,
27dated, and recorded by the inspector. If the owner of an
28inspected and sealed motor fuel pump is registered with the
29department as a servicer in accordance with section 215.23,
30or employs a person so registered as a servicer, the owner
31or other servicer may open the motor fuel pump, break the
32department’s seal, recalibrate the measuring mechanism if
33necessary, and reseal the motor fuel pump as long as the
34department is notified of the recalibration within forty-eight
35hours, on a form in a manner provided by the department.
-8- 12. 3. A person violating a provision of this section is,
2upon conviction, guilty of a simple misdemeanor.
3PART B
4MOTOR FUEL
5 Sec. 18. Section 214A.2A, subsection 1, Code 2021, is
6amended to read as follows:
71. Fuel which is sold or is kept, offered, or exposed for
8sale as kerosene shall be labeled as kerosene. The label
9shall include the word “kerosene” and a or the designation as
10either “K1” or “K2” “K1 kerosene”, and shall indicate that
11the kerosene is in compliance with the standard specification
12adopted by A.S.T.M. international specification D3699 (1982).
13 Sec. 19. REPEAL. Section 214A.15, Code 2021, is repealed.
14part c
15inspections
16 Sec. 20. Section 215.4, Code 2021, is amended to read as
17follows:
18215.4 Tag for inaccurate or incorrect device — reinspection
19— license fee.
20A commercial weighing and measuring device found to be
21inaccurate or incorrect upon inspection by the department
22shall be rejected or tagged “condemned until repaired” and
23the “licensed for commercial use” inspection sticker shall be
24removed. If notice is received by the department that the
25device has been repaired and upon reinspection the device is
26found to be accurate or correct, the a license fee shall not
27 may be charged for the reinspection. However, a second license
28fee shall be charged if upon reinspection the device is found
29to be inaccurate. The device shall be tagged “condemned” and
30removed from service if a third reinspection fails.
31 Sec. 21. Section 215.7, Code 2021, is amended to read as
32follows:
33215.7 Transactions by false weights or measures.
341. A person shall be deemed to have violated the provisions
35of this chapter and shall be punished as provided in chapter
-9-1189, if the person does any of the following apply:
21. a. The person sells Sells, trades, delivers, charges
3for, or claims to have delivered to a purchaser an amount
4of any commodity which is less in weight or measure than
5that which is asked for, agreed upon, claimed to have been
6delivered, or noted on the delivery ticket.
72. b. The person makes Makes a settlement for or enters
8a credit, based upon any false weight or measurement, for any
9commodity purchased.
103. c. The person makes Makes a settlement for or enters
11a credit, based upon any false weight or measurement, for any
12labor where the price of producing or mining is determined by
13weight or measure.
144. d. The person records Records a false weight or
15measurement upon the weight ticket or book.
162. The department may adopt rules pursuant to chapter 17A
17that allow for reasonable variations and exceptions for small
18packages.
193. A person who violates this section is guilty of a simple
20misdemeanor.
21 Sec. 22. Section 215.23, Code 2021, is amended to read as
22follows:
23215.23 Servicer’s license.
241. A servicer shall not install, service, or repair a
25commercial weighing and measuring device until the servicer
26has demonstrated that the servicer has available adequate
27testing equipment, and that the servicer possesses a working
28knowledge of all devices the servicer intends to install or
29repair and of all appropriate weights, measures, statutes, and
30rules, as evidenced by passing a qualifying examination to
31be conducted by the department and obtaining a license. The
32secretary of agriculture shall establish by rule pursuant to
33chapter 17A, requirements for and contents of the examination.
34 The department may adopt rules pursuant to chapter 17A setting
35forth qualification requirements for persons applying for a
-10-1servicer’s license, including an examination.
22. In determining these a servicer’s qualifications, the
3secretary shall department may consider the specifications
4of the United States national institute of standards and
5technology, handbook 44, “Specifications, Tolerances, and
6Technical Requirements for Weighing and Measuring Devices”,
7or the current successor or equivalent specifications adopted
8by the United States national institute of standards and
9technology.
103. The secretary shall department may require an annual the
11payment of a license fee of not more than five dollars for an
12amount established by rule for each license issued under this
13section.
144. Each A license shall expire one year two years from its
15 date of issuance.
16 Sec. 23. REPEAL. Sections 215.3 and 215.8, Code 2021, are
17repealed.
18EXPLANATION
19The inclusion of this explanation does not constitute agreement with
20the explanation’s substance by the members of the general assembly.
21GENERAL. This bill amends, enacts, or repeals a number
22of provisions administered or regulated by the department of
23agriculture and land stewardship (DALS) as codified in Title V
24of the Code, including in subtitle 1, which includes a number
25of general provisions, subtitle 2, which includes provisions
26regulating animal industry, and subtitle 4, which provides for
27agricultural commodities and products in addition to related
28activities.
29SUBTITLE 1 — ADMINISTRATION. The bill eliminates a
30requirement that DALS maintain a marketing news service
31bureau, but retains a requirement that it cooperate with the
32agricultural marketing service of the United States department
33of agriculture (Code section 159.5).
34SUBTITLE 2 — COMMERCIAL ESTABLISHMENTS. The bill
35eliminates a requirement that an application form for the
-11-1issuance or renewal of an authorization to operate a commercial
2establishment include the applicant’s identification number,
3which may be a tax identification number.
4ANIMAL DISEASE CONTROL. The bill amends provisions
5establishing the foreign animal disease preparedness and
6response strategy (Code section 163.3C). The bill authorizes
7DALS to collect, maintain, and use information related to the
8registration and identification of any premises where animals
9are kept. The information is a confidential record under
10Iowa’s open records law (Code section 22.7).
11SUBTITLE 4 — FARM-TO-SCHOOL PROGRAM. The bill amends
12provisions creating a farm-to-school program administered by
13DALS under Code chapter 190A. The program assists schools
14and school districts in purchasing food products derived from
15food commodities produced on a farm and either processed on
16the farm or processed at a business premises (referred to
17as a farm source) located within 30 miles of the school or
18school district’s borders. A food product is a perishable or
19nonperishable product derived from processing a food commodity
20including pasteurized milk or dairy products, washed shelled
21eggs, cut and washed produce, honey, maple syrup, unshelled
22or shelled nuts, cuts of meat or poultry, or cuts of fish or
23shelled aquatic items. DALS may reimburse a school or school
24district for expenditures for such products to the extent
25moneys are available to support the program. The available
26moneys would be allocated during the school year on a matching
27basis, subject to a $1,000 cap. The bill also creates a
28farm-to-school fund to support the program.
29FERTILIZERS AND SOIL CONDITIONERS. The bill authorizes DALS
30to adopt rules regulating the design, construction, location,
31installation, and operation of equipment associated with
32the use of fertilizers and soil conditioners (Code sections
33200.3 and 200.14). Current law allows DALS to adopt such
34rules regulating anhydrous ammonia equipment. The bill also
35eliminates a requirement that such rules be in conformity with
-12-1the published standards of the agricultural ammonia institute.
2A person violating such rules is guilty of a simple misdemeanor
3(Code section 200.18).
4WEIGHTS AND MEASURES (GENERAL). The bill amends a number
5of provisions regulating weights and measures, including the
6inspection of associated devices. The bill reduces the fee
7for the inspection of motor fuel pumps from $9 to $4.50 (the
8same amount due under current law if the inspection fee is paid
9early) (Code section 214.3). The bill no longer requires that
10DALS deliver a late payment notice to an owner or operator of
11a device by certified mail (Code section 214.4). The bill
12eliminates a requirement that a weighmaster (a person who keeps
13and uses a device as part of a business) must take an oath (Code
14sections 214.1 and 214.6).
15WEIGHTS AND MEASURES (MOTOR FUEL). The bill revises
16requirements for the labeling of kerosene (Code section
17214A.2A). The bill also repeals a provision prohibiting a
18person from placing gasoline into a receptacle, unless the
19receptacle states a warning (Code section 214A.15).
20WEIGHTS AND MEASURES (INSPECTIONS). The bill provides that
21DALS may but is no longer required to charge a license fee for
22a device that has been taken out of service due to a repair
23and reinspected (Code section 215.4). The bill allows DALS
24to make an exception in a case where a commercial transaction
25involves a small package, and the person would otherwise be
26guilty of a simple misdemeanor because the person stated
27a false weight or measure (Code section 215.7). The bill
28provides for the regulation of a servicer (a person employed
29to install, service, or repair a device), by eliminating
30an examination requirement and allowing DALS to require
31qualification standards which may include an examination
32(Code sections 215.1 and 215.23). The bill provides for a
33two-year rather than annual servicer license and allows DALS to
34establish the license fee. The annual license fee is currently
35$5. The bill eliminates a provision that allows DALS to charge
-13-1a complaining party an inspection fee, if the complaint was
2unfounded (Code section 215.3). The bill repeals a provision
3that authorizes DALS to establish reasonable variances in the
4weighing and measuring of small packages (Code section 215.8).
5That qualification is incorporated in the amendments to the
6provision regulating small package transactions (Code section
7215.7).
8CRIMINAL PENALTIES. A simple misdemeanor is punishable by
9confinement for no more than 30 days or a fine of at least $105
10but not more than $855 or by both.
-14-da/ns
2agriculture and land stewardship, including by providing for
3administration, programs, and regulations, providing fees,
4providing penalties, and making penalties applicable.
5BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1DIVISION I
2DEPARTMENTAL ORGANIZATION
3 Section 1. Section 159.5, subsection 7, Code 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.
12DIVISION II
13ANIMALS
14part A
15commercial establishments
16 Sec. 2. Section 162.2A, subsection 3, paragraph d, Code
172021, is amended by striking the paragraph.
18PART B
19FOREIGN ANIMAL DISEASE CONTROL
20 Sec. 3. Section 22.7, Code 2021, is amended by adding the
21following new subsection:
22 NEW SUBSECTION. 39A. Information related to the
23registration and identification of any premises where animals
24are kept as authorized pursuant to the foreign animal disease
25preparedness and response strategy as provided in section
26163.3C.
27 Sec. 4. Section 163.3C, Code 2021, is amended by adding the
28following new subsection:
29 NEW SUBSECTION. 3. a. In developing and establishing a
30foreign animal disease preparedness and response strategy, the
31department may collect, maintain, and use information related
32to the registration and identification of any premises where
33animals are kept. The information may include but is not
34limited to all of the following:
35(1) The name, address, and contact information of an
-1-1interested person.
2(2) The location of the premises where the animals are kept.
3(3) An identification number assigned to the premises where
4the animals are kept.
5b. The information described in paragraph “a” is a
6confidential record as provided in section 22.7. Nothing
7in this subsection limits the department in acting as the
8lawful custodian of the confidential record from disclosing
9the record or any part of the record to another person if the
10department determines that such disclosure will assist in
11implementing, administering, or enforcing the foreign animal
12disease preparedness and response strategy.
13DIVISION III
14COMMODITY PRODUCTION AND SALE
15PART A
16FARM-TO-SCHOOL ACT
17 Sec. 5. Section 190A.1, Code 2021, is amended by striking
18the section and inserting in lieu thereof the following:
19190A.1 Short title.
20This chapter shall be known and may be cited as the
21“Farm-to-School Act”.
22 Sec. 6. NEW SECTION. 190A.2 Definitions.
23As used in this subchapter, unless the context otherwise
24requires:
251. “Department” means the department of agriculture and land
26stewardship.
272. “Food animal” means an animal belonging to the bovine,
28caprine, ovine, or porcine species; turkeys, chickens, or other
29types of poultry; farm deer as defined in section 170.1; fish
30or other aquatic organisms confined in private waters for human
31consumption; or bees.
323. “Food commodity” means any of the following:
33a. A food animal.
34b. An item regularly generated by a food animal, including
35milk, eggs, or honey, that has been collected, and that is to
-2-1be processed into a food product.
2c. Sap or whole produce, including vegetables or fruit,
3that has been harvested and that is to be processed into a food
4product.
54. “Food product” means a perishable or nonperishable
6product derived from processing a food commodity to be fit for
7human consumption, including but not limited to pasteurized
8milk or dairy products, washed shelled eggs, cut and washed
9produce, honey, maple syrup, unshelled or shelled nuts, cuts of
10meat or poultry, or cuts of fish or shelled aquatic items.
115. “Fund” means the farm-to-school fund created in section
12190A.5.
136. “Process” means to prepare a food commodity in a manner
14that allows it to be sold to consumers as a food product,
15including by altering the form or identity of the commodity;
16trimming, cutting, cleaning, drying, filtering, sorting, or
17shelling the commodity; or packaging the commodity.
187. “Program” means the farm-to-school program created in
19section 190A.6.
208. “School” means a public school or nonpublic school, as
21those terms are defined in section 280.2, or that portion of a
22public school or nonpublic school that provides facilities for
23teaching any grade from kindergarten through grade twelve.
249. “School district” means a school district as described
25in chapter 274.
26 Sec. 7. Section 190A.3, subsection 1, Code 2021, is amended
27to read as follows:
281. The farm-to-school program shall seek to link elementary
29and secondary public and nonpublic schools in this state
30with Iowa farms to provide schools with fresh and minimally
31processed wholesome, locally produced food for inclusion in
32school meals and snacks, encourage children to develop healthy
33eating habits, and provide Iowa farmers access to consumer
34markets.
35 Sec. 8. NEW SECTION. 190A.5 Farm-to-school fund.
-3- 11. A farm-to-school fund is created in the state treasury
2under the management and control of the department.
32. The fund shall include moneys appropriated to the fund
4by the general assembly. The fund may include other moneys
5available to and obtained or accepted by the department,
6including moneys from public or private sources.
73. Moneys in the fund are appropriated to support the
8program in a manner determined by the department, including for
9reasonable administrative costs incurred by the department.
10Moneys expended from the fund shall not require further special
11authorization by the general assembly.
124. a. Notwithstanding section 12C.7, interest or earnings
13on moneys in the fund shall be credited to the fund.
14b. Notwithstanding section 8.33, moneys credited to the
15fund that remain unencumbered or unobligated at the end of a
16fiscal year shall not revert but shall remain available for the
17purposes designated.
18 Sec. 9. NEW SECTION. 190A.6 Farm-to-school program.
191. A farm-to-school program is created. The program shall
20be controlled and administered by the department.
212. The purpose of the program is to assist schools and
22school districts in purchasing food products derived from food
23commodities produced on a farm.
243. The department shall reimburse a school or school
25district for expenditures incurred by the school or school
26district during the school year in which the school or school
27district is participating in the program to purchase food
28products derived from food commodities produced on a farm.
294. A school or school district must apply each year to the
30department to participate in the program according to rules
31adopted by the department pursuant to chapter 17A.
325. To be eligible to participate in the program, a school or
33school district must purchase a food product directly from a
34farm source as follows:
35a. The farm source must be any of the following:
-4- 1(1) A farm where a food commodity is produced, if the food
2commodity is processed into a food product on the farm for sale
3to a consumer.
4(2) A business premises that is directly shipped a food
5commodity from a farm, if the food commodity is processed into
6a food product on the business premises for sale to a consumer.
7(3) A business premises that is directly shipped a food
8product from a farm, if the food product is purchased for
9resale to a consumer or is distributed to a consumer on behalf
10of a farmer.
11b. The farm source must comply with all applicable laws
12regulating the sale of food.
13c. The farm source must be located within thirty miles of
14the school or the school district’s border.
156. The department shall require proof of purchase prior to
16reimbursing the school or school district for the purchase of
17food products.
187. The department may administer the program in cooperation
19with the department of education and the participating school
20or school district in which a participating school is located.
218. a. The department shall reimburse a participating
22school or school district that submits a claim as required
23by the department. The department shall pay the claim on a
24matching basis with the department contributing one dollar
25for every three dollars expended by the school or school
26district. However, a school or school district shall not
27receive more than one thousand dollars during any year in which
28it participates in the program.
29b. Notwithstanding paragraph “a”, if the department
30determines that there are sufficient moneys in the fund to
31satisfy all claims that may be submitted by schools and school
32districts, the department shall provide for the distribution
33of the available moneys in a manner determined equitable by
34the department, which may include a prorated distribution to
35participating schools and school districts.
-5-1PART B
2FERTILIZERS AND SOIL CONDITIONERS
3 Sec. 10. Section 200.3, subsection 24, Code 2021, is amended
4by striking the subsection.
5 Sec. 11. Section 200.14, Code 2021, is amended to read as
6follows:
7200.14 Rules.
81. a. The secretary is authorized, after public hearing,
9following due notice, to department may adopt rules setting
10forth pursuant to chapter 17A providing minimum general
11safety standards for the design, construction, location,
12installation, and operation of equipment for storage, handling,
13transportation by tank truck or tank trailer, and utilization
14of anhydrous ammonia fertilizers and soil conditioners.
15a. b. The rules shall be such as are reasonably necessary
16for the protection and safety of the public and persons using
17anhydrous ammonia fertilizers or soil conditioners, and shall
18be in substantial conformity with the generally accepted
19standards of safety.
20b. Rules that are in substantial conformity with the
21published standards of the agricultural ammonia institute for
22the design, installation and construction of containers and
23pertinent equipment for the storage and handling of anhydrous
24ammonia, shall be deemed to be in substantial conformity with
25the generally accepted standards of safety.
262. c. Anhydrous ammonia Fertilizer and soil conditioner
27 equipment shall be installed and maintained in a safe operating
28condition and in conformity with rules adopted by the secretary
29 department.
303. 2. The secretary shall enforce this chapter and, after
31due publicity and due public hearing, department may adopt such
32reasonable rules as may be necessary in order to carry into
33effect the purpose, and intent and to secure the efficient
34administration, of this chapter.
354. 3. This chapter does not prohibit the use of storage
-6-1tanks smaller than transporting tanks nor the transfer of all
2kinds of fertilizer including anhydrous ammonia fertilizers
3or soil conditioners directly from transporting tanks to
4implements of husbandry, if proper safety precautions are
5observed.
6DIVISION IV
7WEIGHTS AND MEASURES
8PART A
9GENERAL
10 Sec. 12. Section 214.1, Code 2021, is amended by adding the
11following new subsection:
12 NEW SUBSECTION. 6. “Weighmaster” means a person who keeps
13and regularly uses a commercial weighing and measuring device
14to accurately weigh objects for others as part of the person’s
15business operated on a profit, cooperative, or nonprofit basis.
16 Sec. 13. Section 214.3, subsection 1, Code 2021, is amended
17to read as follows:
181. The A license issued by the department for the inspection
19of a commercial weighing and measuring device shall expire on
20December 31 of each year, and for a motor fuel pump on June 30
21of each year. The amount of the fee due for each license shall
22be as provided in subsection 3, except that the fee for a motor
23fuel pump shall be four dollars and fifty cents if paid within
24one month from the date the license is due.
25 Sec. 14. Section 214.3, subsection 3, paragraph e,
26subparagraph (2), Code 2021, is amended to read as follows:
27(2) Retail motor fuel pump, nine four dollars and fifty
28cents.
29 Sec. 15. Section 214.4, subsection 1, unnumbered paragraph
301, Code 2021, is amended to read as follows:
31If the department does not receive payment of the license
32fee required pursuant to section 214.3 within one month from
33the due date, the department shall send deliver a notice to
34the owner or operator of the device. The notice shall be
35delivered by certified mail. The notice shall state all of the
-7-1following:
2 Sec. 16. Section 214.6, Code 2021, is amended to read as
3follows:
4214.6 Oath Duties of weighmasters weighmaster.
5All persons keeping a commercial weighing and measuring
6device, before entering upon their duties as weighmasters, A
7weighmaster shall be sworn before some person having authority
8to administer oaths, to keep their ensure that a commercial
9weighing and measuring device is correctly balanced, to make
10true weights, and to shall render a correct account to the
11person having weighing done.
12 Sec. 17. Section 214.11, Code 2021, is amended to read as
13follows:
14214.11 Inspections — recalibrations — penalty.
151. The department shall provide for annual inspections
16of all motor fuel pumps, including but not limited to motor
17fuel blender pumps, licensed under this chapter. Inspections
18shall be for the purpose of determining the accuracy of the
19pumps’ measuring mechanisms, and for such and correctness of
20motor fuel pumps. For that purpose the department’s inspectors
21may enter upon the premises of any wholesale dealer or retail
22dealer, as they are defined in section 214A.1, of motor fuel
23or fuel oil within this state.
242. Upon completion of an inspection, the inspector shall
25affix the department’s seal to the measuring mechanism of the
26motor fuel pump. The seal shall be appropriately marked,
27dated, and recorded by the inspector. If the owner of an
28inspected and sealed motor fuel pump is registered with the
29department as a servicer in accordance with section 215.23,
30or employs a person so registered as a servicer, the owner
31or other servicer may open the motor fuel pump, break the
32department’s seal, recalibrate the measuring mechanism if
33necessary, and reseal the motor fuel pump as long as the
34department is notified of the recalibration within forty-eight
35hours, on a form in a manner provided by the department.
-8- 12. 3. A person violating a provision of this section is,
2upon conviction, guilty of a simple misdemeanor.
3PART B
4MOTOR FUEL
5 Sec. 18. Section 214A.2A, subsection 1, Code 2021, is
6amended to read as follows:
71. Fuel which is sold or is kept, offered, or exposed for
8sale as kerosene shall be labeled as kerosene. The label
9shall include the word “kerosene” and a or the designation as
10either “K1” or “K2” “K1 kerosene”, and shall indicate that
11the kerosene is in compliance with the standard specification
12adopted by A.S.T.M. international specification D3699 (1982).
13 Sec. 19. REPEAL. Section 214A.15, Code 2021, is repealed.
14part c
15inspections
16 Sec. 20. Section 215.4, Code 2021, is amended to read as
17follows:
18215.4 Tag for inaccurate or incorrect device — reinspection
19— license fee.
20A commercial weighing and measuring device found to be
21inaccurate or incorrect upon inspection by the department
22shall be rejected or tagged “condemned until repaired” and
23the “licensed for commercial use” inspection sticker shall be
24removed. If notice is received by the department that the
25device has been repaired and upon reinspection the device is
26found to be accurate or correct, the a license fee shall not
27 may be charged for the reinspection. However, a second license
28fee shall be charged if upon reinspection the device is found
29to be inaccurate. The device shall be tagged “condemned” and
30removed from service if a third reinspection fails.
31 Sec. 21. Section 215.7, Code 2021, is amended to read as
32follows:
33215.7 Transactions by false weights or measures.
341. A person shall be deemed to have violated the provisions
35of this chapter and shall be punished as provided in chapter
-9-1189, if the person does any of the following apply:
21. a. The person sells Sells, trades, delivers, charges
3for, or claims to have delivered to a purchaser an amount
4of any commodity which is less in weight or measure than
5that which is asked for, agreed upon, claimed to have been
6delivered, or noted on the delivery ticket.
72. b. The person makes Makes a settlement for or enters
8a credit, based upon any false weight or measurement, for any
9commodity purchased.
103. c. The person makes Makes a settlement for or enters
11a credit, based upon any false weight or measurement, for any
12labor where the price of producing or mining is determined by
13weight or measure.
144. d. The person records Records a false weight or
15measurement upon the weight ticket or book.
162. The department may adopt rules pursuant to chapter 17A
17that allow for reasonable variations and exceptions for small
18packages.
193. A person who violates this section is guilty of a simple
20misdemeanor.
21 Sec. 22. Section 215.23, Code 2021, is amended to read as
22follows:
23215.23 Servicer’s license.
241. A servicer shall not install, service, or repair a
25commercial weighing and measuring device until the servicer
26has demonstrated that the servicer has available adequate
27testing equipment, and that the servicer possesses a working
28knowledge of all devices the servicer intends to install or
29repair and of all appropriate weights, measures, statutes, and
30rules, as evidenced by passing a qualifying examination to
31be conducted by the department and obtaining a license. The
32secretary of agriculture shall establish by rule pursuant to
33chapter 17A, requirements for and contents of the examination.
34 The department may adopt rules pursuant to chapter 17A setting
35forth qualification requirements for persons applying for a
-10-1servicer’s license, including an examination.
22. In determining these a servicer’s qualifications, the
3secretary shall department may consider the specifications
4of the United States national institute of standards and
5technology, handbook 44, “Specifications, Tolerances, and
6Technical Requirements for Weighing and Measuring Devices”,
7or the current successor or equivalent specifications adopted
8by the United States national institute of standards and
9technology.
103. The secretary shall department may require an annual the
11payment of a license fee of not more than five dollars for an
12amount established by rule for each license issued under this
13section.
144. Each A license shall expire one year two years from its
15 date of issuance.
16 Sec. 23. REPEAL. Sections 215.3 and 215.8, Code 2021, are
17repealed.
18EXPLANATION
19The inclusion of this explanation does not constitute agreement with
20the explanation’s substance by the members of the general assembly.
21GENERAL. This bill amends, enacts, or repeals a number
22of provisions administered or regulated by the department of
23agriculture and land stewardship (DALS) as codified in Title V
24of the Code, including in subtitle 1, which includes a number
25of general provisions, subtitle 2, which includes provisions
26regulating animal industry, and subtitle 4, which provides for
27agricultural commodities and products in addition to related
28activities.
29SUBTITLE 1 — ADMINISTRATION. The bill eliminates a
30requirement that DALS maintain a marketing news service
31bureau, but retains a requirement that it cooperate with the
32agricultural marketing service of the United States department
33of agriculture (Code section 159.5).
34SUBTITLE 2 — COMMERCIAL ESTABLISHMENTS. The bill
35eliminates a requirement that an application form for the
-11-1issuance or renewal of an authorization to operate a commercial
2establishment include the applicant’s identification number,
3which may be a tax identification number.
4ANIMAL DISEASE CONTROL. The bill amends provisions
5establishing the foreign animal disease preparedness and
6response strategy (Code section 163.3C). The bill authorizes
7DALS to collect, maintain, and use information related to the
8registration and identification of any premises where animals
9are kept. The information is a confidential record under
10Iowa’s open records law (Code section 22.7).
11SUBTITLE 4 — FARM-TO-SCHOOL PROGRAM. The bill amends
12provisions creating a farm-to-school program administered by
13DALS under Code chapter 190A. The program assists schools
14and school districts in purchasing food products derived from
15food commodities produced on a farm and either processed on
16the farm or processed at a business premises (referred to
17as a farm source) located within 30 miles of the school or
18school district’s borders. A food product is a perishable or
19nonperishable product derived from processing a food commodity
20including pasteurized milk or dairy products, washed shelled
21eggs, cut and washed produce, honey, maple syrup, unshelled
22or shelled nuts, cuts of meat or poultry, or cuts of fish or
23shelled aquatic items. DALS may reimburse a school or school
24district for expenditures for such products to the extent
25moneys are available to support the program. The available
26moneys would be allocated during the school year on a matching
27basis, subject to a $1,000 cap. The bill also creates a
28farm-to-school fund to support the program.
29FERTILIZERS AND SOIL CONDITIONERS. The bill authorizes DALS
30to adopt rules regulating the design, construction, location,
31installation, and operation of equipment associated with
32the use of fertilizers and soil conditioners (Code sections
33200.3 and 200.14). Current law allows DALS to adopt such
34rules regulating anhydrous ammonia equipment. The bill also
35eliminates a requirement that such rules be in conformity with
-12-1the published standards of the agricultural ammonia institute.
2A person violating such rules is guilty of a simple misdemeanor
3(Code section 200.18).
4WEIGHTS AND MEASURES (GENERAL). The bill amends a number
5of provisions regulating weights and measures, including the
6inspection of associated devices. The bill reduces the fee
7for the inspection of motor fuel pumps from $9 to $4.50 (the
8same amount due under current law if the inspection fee is paid
9early) (Code section 214.3). The bill no longer requires that
10DALS deliver a late payment notice to an owner or operator of
11a device by certified mail (Code section 214.4). The bill
12eliminates a requirement that a weighmaster (a person who keeps
13and uses a device as part of a business) must take an oath (Code
14sections 214.1 and 214.6).
15WEIGHTS AND MEASURES (MOTOR FUEL). The bill revises
16requirements for the labeling of kerosene (Code section
17214A.2A). The bill also repeals a provision prohibiting a
18person from placing gasoline into a receptacle, unless the
19receptacle states a warning (Code section 214A.15).
20WEIGHTS AND MEASURES (INSPECTIONS). The bill provides that
21DALS may but is no longer required to charge a license fee for
22a device that has been taken out of service due to a repair
23and reinspected (Code section 215.4). The bill allows DALS
24to make an exception in a case where a commercial transaction
25involves a small package, and the person would otherwise be
26guilty of a simple misdemeanor because the person stated
27a false weight or measure (Code section 215.7). The bill
28provides for the regulation of a servicer (a person employed
29to install, service, or repair a device), by eliminating
30an examination requirement and allowing DALS to require
31qualification standards which may include an examination
32(Code sections 215.1 and 215.23). The bill provides for a
33two-year rather than annual servicer license and allows DALS to
34establish the license fee. The annual license fee is currently
35$5. The bill eliminates a provision that allows DALS to charge
-13-1a complaining party an inspection fee, if the complaint was
2unfounded (Code section 215.3). The bill repeals a provision
3that authorizes DALS to establish reasonable variances in the
4weighing and measuring of small packages (Code section 215.8).
5That qualification is incorporated in the amendments to the
6provision regulating small package transactions (Code section
7215.7).
8CRIMINAL PENALTIES. A simple misdemeanor is punishable by
9confinement for no more than 30 days or a fine of at least $105
10but not more than $855 or by both.
-14-da/ns