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Senate File 578 - ReprintedA 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
14FERTILIZERS AND SOIL CONDITIONERS
15 Sec. 5. Section 200.3, subsection 24, Code 2021, is amended
16by striking the subsection.
17 Sec. 6. Section 200.14, Code 2021, is amended to read as
18follows:
19200.14 Rules.
201. a. The secretary is authorized, after public hearing,
21following due notice, to department may adopt rules setting
22forth pursuant to chapter 17A providing minimum general
23safety standards for the design, construction, location,
24installation, and operation of equipment for storage, handling,
25transportation by tank truck or tank trailer, and utilization
26of anhydrous ammonia fertilizers and soil conditioners.
27a. b. The rules shall be such as are reasonably necessary
28for the protection and safety of the public and persons using
29anhydrous ammonia fertilizers or soil conditioners, and shall
30be in substantial conformity with the generally accepted
31standards of safety.
32b. Rules that are in substantial conformity with the
33published standards of the agricultural ammonia institute for
34the design, installation and construction of containers and
35pertinent equipment for the storage and handling of anhydrous
-2-1ammonia, shall be deemed to be in substantial conformity with
2the generally accepted standards of safety.
32. c. Anhydrous ammonia Fertilizer and soil conditioner
4 equipment shall be installed and maintained in a safe operating
5condition and in conformity with rules adopted by the secretary
6 department.
73. 2. The secretary shall enforce this chapter and, after
8due publicity and due public hearing, department may adopt such
9reasonable rules as may be necessary in order to carry into
10effect the purpose, and intent and to secure the efficient
11administration, of this chapter.
124. 3. This chapter does not prohibit the use of storage
13tanks smaller than transporting tanks nor the transfer of all
14kinds of fertilizer including anhydrous ammonia fertilizers
15or soil conditioners directly from transporting tanks to
16implements of husbandry, if proper safety precautions are
17observed.
18DIVISION IV
19WEIGHTS AND MEASURES
20PART A
21GENERAL
22 Sec. 7. Section 214.1, Code 2021, is amended by adding the
23following new subsection:
24 NEW SUBSECTION. 6. “Weighmaster” means a person who keeps
25and regularly uses a commercial weighing and measuring device
26to accurately weigh objects for others as part of the person’s
27business operated on a profit, cooperative, or nonprofit basis.
28 Sec. 8. Section 214.3, subsection 1, Code 2021, is amended
29to read as follows:
301. The A license issued by the department for the inspection
31of a commercial weighing and measuring device shall expire on
32December 31 of each year, and for a motor fuel pump on June 30
33of each year. The amount of the fee due for each license shall
34be as provided in subsection 3, except that the fee for a motor
35fuel pump shall be four dollars and fifty cents if paid within
-3-1one month from the date the license is due.
2 Sec. 9. Section 214.3, subsection 3, paragraph e,
3subparagraph (2), Code 2021, is amended to read as follows:
4(2) Retail motor fuel pump, nine four dollars and fifty
5cents.
6 Sec. 10. Section 214.4, subsection 1, unnumbered paragraph
71, Code 2021, is amended to read as follows:
8If the department does not receive payment of the license
9fee required pursuant to section 214.3 within one month from
10the due date, the department shall send deliver a notice to
11the owner or operator of the device. The notice shall be
12delivered by certified mail. The notice shall state all of the
13following:
14 Sec. 11. Section 214.6, Code 2021, is amended to read as
15follows:
16214.6 Oath Duties of weighmasters weighmaster.
17All persons keeping a commercial weighing and measuring
18device, before entering upon their duties as weighmasters, A
19weighmaster shall be sworn before some person having authority
20to administer oaths, to keep their ensure that a commercial
21weighing and measuring device is correctly balanced, to make
22true weights, and to shall render a correct account to the
23person having weighing done.
24 Sec. 12. Section 214.11, Code 2021, is amended to read as
25follows:
26214.11 Inspections — recalibrations — penalty.
271. The department shall provide for annual inspections
28of all motor fuel pumps, including but not limited to motor
29fuel blender pumps, licensed under this chapter. Inspections
30shall be for the purpose of determining the accuracy of the
31pumps’ measuring mechanisms, and for such and correctness of
32motor fuel pumps. For that purpose the department’s inspectors
33may enter upon the premises of any wholesale dealer or retail
34dealer, as they are defined in section 214A.1, of motor fuel
35or fuel oil within this state.
-4- 12. Upon completion of an inspection, the inspector shall
2affix the department’s seal to the measuring mechanism of the
3motor fuel pump. The seal shall be appropriately marked,
4dated, and recorded by the inspector. If the owner of an
5inspected and sealed motor fuel pump is registered with the
6department as a servicer in accordance with section 215.23,
7or employs a person so registered as a servicer, the owner
8or other servicer may open the motor fuel pump, break the
9department’s seal, recalibrate the measuring mechanism if
10necessary, and reseal the motor fuel pump as long as the
11department is notified of the recalibration within forty-eight
12hours, on a form in a manner provided by the department.
132. 3. A person violating a provision of this section is,
14upon conviction, guilty of a simple misdemeanor.
15PART B
16MOTOR FUEL
17 Sec. 13. Section 214A.2A, subsection 1, Code 2021, is
18amended to read as follows:
191. Fuel which is sold or is kept, offered, or exposed for
20sale as kerosene shall be labeled as kerosene. The label
21shall include the word “kerosene” and a or the designation as
22either “K1” or “K2” “K1 kerosene”, and shall indicate that
23the kerosene is in compliance with the standard specification
24adopted by A.S.T.M. international specification D3699 (1982).
25 Sec. 14. REPEAL. Section 214A.15, Code 2021, is repealed.
26part c
27inspections
28 Sec. 15. Section 215.4, Code 2021, is amended to read as
29follows:
30215.4 Tag for inaccurate or incorrect device — reinspection
31— license fee.
32A commercial weighing and measuring device found to be
33inaccurate or incorrect upon inspection by the department
34shall be rejected or tagged “condemned until repaired” and
35the “licensed for commercial use” inspection sticker shall be
-5-1removed. If notice is received by the department that the
2device has been repaired and upon reinspection the device is
3found to be accurate or correct, the a license fee shall not
4 may be charged for the reinspection. However, a second license
5fee shall be charged if upon reinspection the device is found
6to be inaccurate. The device shall be tagged “condemned” and
7removed from service if a third reinspection fails.
8 Sec. 16. Section 215.7, Code 2021, is amended to read as
9follows:
10215.7 Transactions by false weights or measures.
111. A person shall be deemed to have violated the provisions
12of this chapter and shall be punished as provided in chapter
13189, if the person does any of the following apply:
141. a. The person sells Sells, trades, delivers, charges
15for, or claims to have delivered to a purchaser an amount
16of any commodity which is less in weight or measure than
17that which is asked for, agreed upon, claimed to have been
18delivered, or noted on the delivery ticket.
192. b. The person makes Makes a settlement for or enters
20a credit, based upon any false weight or measurement, for any
21commodity purchased.
223. c. The person makes Makes a settlement for or enters
23a credit, based upon any false weight or measurement, for any
24labor where the price of producing or mining is determined by
25weight or measure.
264. d. The person records Records a false weight or
27measurement upon the weight ticket or book.
282. The department may adopt rules pursuant to chapter 17A
29that allow for reasonable variations and exceptions for small
30packages.
313. A person who violates this section is guilty of a simple
32misdemeanor.
33 Sec. 17. Section 215.23, Code 2021, is amended to read as
34follows:
35215.23 Servicer’s license.
-6- 11. A servicer shall not install, service, or repair a
2commercial weighing and measuring device until the servicer
3has demonstrated that the servicer has available adequate
4testing equipment, and that the servicer possesses a working
5knowledge of all devices the servicer intends to install or
6repair and of all appropriate weights, measures, statutes, and
7rules, as evidenced by passing a qualifying examination to
8be conducted by the department and obtaining a license. The
9secretary of agriculture shall establish by rule pursuant to
10chapter 17A, requirements for and contents of the examination.
11 The department may adopt rules pursuant to chapter 17A setting
12forth qualification requirements for persons applying for a
13servicer’s license, including an examination.
142. In determining these a servicer’s qualifications, the
15secretary shall department may consider the specifications
16of the United States national institute of standards and
17technology, handbook 44, “Specifications, Tolerances, and
18Technical Requirements for Weighing and Measuring Devices”,
19or the current successor or equivalent specifications adopted
20by the United States national institute of standards and
21technology.
223. The secretary shall department may require an annual the
23payment of a license fee of not more than five dollars for an
24amount established by rule for each license issued under this
25section.
264. Each A license shall expire one year two years from its
27 date of issuance.
28 Sec. 18. REPEAL. Sections 215.3 and 215.8, Code 2021, are
29repealed.
30DIVISION V
31FARM FOOD STUDY
32 Sec. 19. FARM-TO-TABLE TASK FORCE.
331. The Iowa cooperative extension service in agriculture
34and home economics of Iowa state university of science and
35technology, in cooperation with the department of agriculture
-7-1and land stewardship, shall establish a farm-to-table task
2force.
32. The purpose of the task force is to recommend how
4institutional purchasers, including schools, may be provided
5with long-term practical options to routinely acquire fresh
6food derived from locally or regionally produced and processed
7farm commodities, including meat, poultry, fish, and dairy
8products; eggs; vegetables; fruits; nuts; and honey.
93. The task force shall consider methods to do all of the
10following:
11a. Improve direct farmer to consumer transactions.
12b. Better integrate existing public and private procurement
13and nutritional programs, including but not limited to the
14farm-to-school program as provided in chapter 190A; the from
15farm to food donation tax credit as provided in chapter 190B,
16subchapter I; the Iowa emergency food purchase program as
17provided in chapter 190B, subchapter II; and the local food and
18farm program as provided in chapter 267A.
194. a. The task force shall be jointly chaired by the vice
20president for extension and outreach of Iowa state university
21of science and technology, or a designee; and the secretary of
22agriculture, or a designee. The chairpersons of the task force
23shall appoint remaining voting members to serve on the task
24force.
25b. The Iowa cooperative extension service in agriculture
26and home economics shall provide meeting rooms, materials, and
27staffing services for the task force.
285. The task force shall prepare and submit a report to
29the governor and general assembly not later than December 10,
302021. The report shall include findings and recommendations,
31including any proposed legislation, and a suggested timeline
32for implementation of the task force’s recommendations.
336. This section is repealed December 11, 2021.
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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
14FERTILIZERS AND SOIL CONDITIONERS
15 Sec. 5. Section 200.3, subsection 24, Code 2021, is amended
16by striking the subsection.
17 Sec. 6. Section 200.14, Code 2021, is amended to read as
18follows:
19200.14 Rules.
201. a. The secretary is authorized, after public hearing,
21following due notice, to department may adopt rules setting
22forth pursuant to chapter 17A providing minimum general
23safety standards for the design, construction, location,
24installation, and operation of equipment for storage, handling,
25transportation by tank truck or tank trailer, and utilization
26of anhydrous ammonia fertilizers and soil conditioners.
27a. b. The rules shall be such as are reasonably necessary
28for the protection and safety of the public and persons using
29anhydrous ammonia fertilizers or soil conditioners, and shall
30be in substantial conformity with the generally accepted
31standards of safety.
32b. Rules that are in substantial conformity with the
33published standards of the agricultural ammonia institute for
34the design, installation and construction of containers and
35pertinent equipment for the storage and handling of anhydrous
-2-1ammonia, shall be deemed to be in substantial conformity with
2the generally accepted standards of safety.
32. c. Anhydrous ammonia Fertilizer and soil conditioner
4 equipment shall be installed and maintained in a safe operating
5condition and in conformity with rules adopted by the secretary
6 department.
73. 2. The secretary shall enforce this chapter and, after
8due publicity and due public hearing, department may adopt such
9reasonable rules as may be necessary in order to carry into
10effect the purpose, and intent and to secure the efficient
11administration, of this chapter.
124. 3. This chapter does not prohibit the use of storage
13tanks smaller than transporting tanks nor the transfer of all
14kinds of fertilizer including anhydrous ammonia fertilizers
15or soil conditioners directly from transporting tanks to
16implements of husbandry, if proper safety precautions are
17observed.
18DIVISION IV
19WEIGHTS AND MEASURES
20PART A
21GENERAL
22 Sec. 7. Section 214.1, Code 2021, is amended by adding the
23following new subsection:
24 NEW SUBSECTION. 6. “Weighmaster” means a person who keeps
25and regularly uses a commercial weighing and measuring device
26to accurately weigh objects for others as part of the person’s
27business operated on a profit, cooperative, or nonprofit basis.
28 Sec. 8. Section 214.3, subsection 1, Code 2021, is amended
29to read as follows:
301. The A license issued by the department for the inspection
31of a commercial weighing and measuring device shall expire on
32December 31 of each year, and for a motor fuel pump on June 30
33of each year. The amount of the fee due for each license shall
34be as provided in subsection 3, except that the fee for a motor
35fuel pump shall be four dollars and fifty cents if paid within
-3-1one month from the date the license is due.
2 Sec. 9. Section 214.3, subsection 3, paragraph e,
3subparagraph (2), Code 2021, is amended to read as follows:
4(2) Retail motor fuel pump, nine four dollars and fifty
5cents.
6 Sec. 10. Section 214.4, subsection 1, unnumbered paragraph
71, Code 2021, is amended to read as follows:
8If the department does not receive payment of the license
9fee required pursuant to section 214.3 within one month from
10the due date, the department shall send deliver a notice to
11the owner or operator of the device. The notice shall be
12delivered by certified mail. The notice shall state all of the
13following:
14 Sec. 11. Section 214.6, Code 2021, is amended to read as
15follows:
16214.6 Oath Duties of weighmasters weighmaster.
17All persons keeping a commercial weighing and measuring
18device, before entering upon their duties as weighmasters, A
19weighmaster shall be sworn before some person having authority
20to administer oaths, to keep their ensure that a commercial
21weighing and measuring device is correctly balanced, to make
22true weights, and to shall render a correct account to the
23person having weighing done.
24 Sec. 12. Section 214.11, Code 2021, is amended to read as
25follows:
26214.11 Inspections — recalibrations — penalty.
271. The department shall provide for annual inspections
28of all motor fuel pumps, including but not limited to motor
29fuel blender pumps, licensed under this chapter. Inspections
30shall be for the purpose of determining the accuracy of the
31pumps’ measuring mechanisms, and for such and correctness of
32motor fuel pumps. For that purpose the department’s inspectors
33may enter upon the premises of any wholesale dealer or retail
34dealer, as they are defined in section 214A.1, of motor fuel
35or fuel oil within this state.
-4- 12. Upon completion of an inspection, the inspector shall
2affix the department’s seal to the measuring mechanism of the
3motor fuel pump. The seal shall be appropriately marked,
4dated, and recorded by the inspector. If the owner of an
5inspected and sealed motor fuel pump is registered with the
6department as a servicer in accordance with section 215.23,
7or employs a person so registered as a servicer, the owner
8or other servicer may open the motor fuel pump, break the
9department’s seal, recalibrate the measuring mechanism if
10necessary, and reseal the motor fuel pump as long as the
11department is notified of the recalibration within forty-eight
12hours, on a form in a manner provided by the department.
132. 3. A person violating a provision of this section is,
14upon conviction, guilty of a simple misdemeanor.
15PART B
16MOTOR FUEL
17 Sec. 13. Section 214A.2A, subsection 1, Code 2021, is
18amended to read as follows:
191. Fuel which is sold or is kept, offered, or exposed for
20sale as kerosene shall be labeled as kerosene. The label
21shall include the word “kerosene” and a or the designation as
22either “K1” or “K2” “K1 kerosene”, and shall indicate that
23the kerosene is in compliance with the standard specification
24adopted by A.S.T.M. international specification D3699 (1982).
25 Sec. 14. REPEAL. Section 214A.15, Code 2021, is repealed.
26part c
27inspections
28 Sec. 15. Section 215.4, Code 2021, is amended to read as
29follows:
30215.4 Tag for inaccurate or incorrect device — reinspection
31— license fee.
32A commercial weighing and measuring device found to be
33inaccurate or incorrect upon inspection by the department
34shall be rejected or tagged “condemned until repaired” and
35the “licensed for commercial use” inspection sticker shall be
-5-1removed. If notice is received by the department that the
2device has been repaired and upon reinspection the device is
3found to be accurate or correct, the a license fee shall not
4 may be charged for the reinspection. However, a second license
5fee shall be charged if upon reinspection the device is found
6to be inaccurate. The device shall be tagged “condemned” and
7removed from service if a third reinspection fails.
8 Sec. 16. Section 215.7, Code 2021, is amended to read as
9follows:
10215.7 Transactions by false weights or measures.
111. A person shall be deemed to have violated the provisions
12of this chapter and shall be punished as provided in chapter
13189, if the person does any of the following apply:
141. a. The person sells Sells, trades, delivers, charges
15for, or claims to have delivered to a purchaser an amount
16of any commodity which is less in weight or measure than
17that which is asked for, agreed upon, claimed to have been
18delivered, or noted on the delivery ticket.
192. b. The person makes Makes a settlement for or enters
20a credit, based upon any false weight or measurement, for any
21commodity purchased.
223. c. The person makes Makes a settlement for or enters
23a credit, based upon any false weight or measurement, for any
24labor where the price of producing or mining is determined by
25weight or measure.
264. d. The person records Records a false weight or
27measurement upon the weight ticket or book.
282. The department may adopt rules pursuant to chapter 17A
29that allow for reasonable variations and exceptions for small
30packages.
313. A person who violates this section is guilty of a simple
32misdemeanor.
33 Sec. 17. Section 215.23, Code 2021, is amended to read as
34follows:
35215.23 Servicer’s license.
-6- 11. A servicer shall not install, service, or repair a
2commercial weighing and measuring device until the servicer
3has demonstrated that the servicer has available adequate
4testing equipment, and that the servicer possesses a working
5knowledge of all devices the servicer intends to install or
6repair and of all appropriate weights, measures, statutes, and
7rules, as evidenced by passing a qualifying examination to
8be conducted by the department and obtaining a license. The
9secretary of agriculture shall establish by rule pursuant to
10chapter 17A, requirements for and contents of the examination.
11 The department may adopt rules pursuant to chapter 17A setting
12forth qualification requirements for persons applying for a
13servicer’s license, including an examination.
142. In determining these a servicer’s qualifications, the
15secretary shall department may consider the specifications
16of the United States national institute of standards and
17technology, handbook 44, “Specifications, Tolerances, and
18Technical Requirements for Weighing and Measuring Devices”,
19or the current successor or equivalent specifications adopted
20by the United States national institute of standards and
21technology.
223. The secretary shall department may require an annual the
23payment of a license fee of not more than five dollars for an
24amount established by rule for each license issued under this
25section.
264. Each A license shall expire one year two years from its
27 date of issuance.
28 Sec. 18. REPEAL. Sections 215.3 and 215.8, Code 2021, are
29repealed.
30DIVISION V
31FARM FOOD STUDY
32 Sec. 19. FARM-TO-TABLE TASK FORCE.
331. The Iowa cooperative extension service in agriculture
34and home economics of Iowa state university of science and
35technology, in cooperation with the department of agriculture
-7-1and land stewardship, shall establish a farm-to-table task
2force.
32. The purpose of the task force is to recommend how
4institutional purchasers, including schools, may be provided
5with long-term practical options to routinely acquire fresh
6food derived from locally or regionally produced and processed
7farm commodities, including meat, poultry, fish, and dairy
8products; eggs; vegetables; fruits; nuts; and honey.
93. The task force shall consider methods to do all of the
10following:
11a. Improve direct farmer to consumer transactions.
12b. Better integrate existing public and private procurement
13and nutritional programs, including but not limited to the
14farm-to-school program as provided in chapter 190A; the from
15farm to food donation tax credit as provided in chapter 190B,
16subchapter I; the Iowa emergency food purchase program as
17provided in chapter 190B, subchapter II; and the local food and
18farm program as provided in chapter 267A.
194. a. The task force shall be jointly chaired by the vice
20president for extension and outreach of Iowa state university
21of science and technology, or a designee; and the secretary of
22agriculture, or a designee. The chairpersons of the task force
23shall appoint remaining voting members to serve on the task
24force.
25b. The Iowa cooperative extension service in agriculture
26and home economics shall provide meeting rooms, materials, and
27staffing services for the task force.
285. The task force shall prepare and submit a report to
29the governor and general assembly not later than December 10,
302021. The report shall include findings and recommendations,
31including any proposed legislation, and a suggested timeline
32for implementation of the task force’s recommendations.
336. This section is repealed December 11, 2021.
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