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Senate File 578 - EnrolledAn Actrelating to the powers and duties of the department of
agriculture and land stewardship, including by providing for
administration, programs, and regulations, providing fees,
providing penalties, and making penalties applicable.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
DIVISION I
DEPARTMENTAL ORGANIZATION
Section 1. Section 159.5, subsection 7, Code 2021, is
amended to read as follows:
7. Establish and maintain a marketing news service bureau
in the department which shall, in cooperation with the
federal market news and grading division Cooperate with the
agricultural marketing service of the United States department
of agriculture, to collect and disseminate data and information
relative to the market prices and conditions of agricultural
products raised, produced, and handled in the state.
DIVISION II
FOREIGN ANIMAL DISEASE CONTROL
Sec. 2. Section 22.7, Code 2021, is amended by adding the
following new subsection:
NEW SUBSECTION. 39A. Information related to the
registration and identification of any premises where animals
are kept as authorized pursuant to the foreign animal disease
preparedness and response strategy as provided in section
163.3C.
Sec. 3. Section 163.3C, Code 2021, is amended by adding the
following new subsection:
NEW SUBSECTION. 3. a. In developing and establishing a
foreign animal disease preparedness and response strategy, the
department may collect, maintain, and use information related
to the registration and identification of any premises where
animals are kept. The information may include but is not
limited to all of the following:
(1) The name, address, and contact information of an
interested person.
(2) The location of the premises where the animals are kept.
(3) An identification number assigned to the premises where
the animals are kept.
b. The information described in paragraph “a” is a
confidential record as provided in section 22.7. Nothing
-1-in this subsection limits the department in acting as the
lawful custodian of the confidential record from disclosing
the record or any part of the record to another person if the
department determines that such disclosure will assist in
implementing, administering, or enforcing the foreign animal
disease preparedness and response strategy.
DIVISION III
COMMODITY PRODUCTION AND SALE
PART A
FARM-TO-SCHOOL ACT
Sec. 4. Section 190A.1, Code 2021, is amended by striking
the section and inserting in lieu thereof the following:
190A.1 Short title.
This chapter shall be known and may be cited as the
“Farm-to-School Act”.
Sec. 5. NEW SECTION. 190A.2 Definitions.
As used in this chapter, unless the context otherwise
requires:
1. “Department” means the department of agriculture and land
stewardship.
2. “Food animal” means an animal belonging to the bovine,
caprine, ovine, or porcine species; a turkey, chicken, or other
type of poultry; a farm deer as defined in section 170.1; a
fish or other aquatic organism confined in private waters for
human consumption; or a bee as defined in section 160.1A.
3. “Food commodity” means any of the following:
a. A food animal that is to be slaughtered or harvested and
that is to be processed into a food product.
b. An item regularly generated by a food animal, including
milk, eggs, or honey, that has been collected, and that is to
be processed into a food product.
c. Sap, whole nuts, or whole produce, including vegetables
or fruit, that has been harvested and that is to be processed
into a food product.
4. “Food product” means a perishable or nonperishable
-2-product derived from processing a food commodity to be fit
for human consumption, including but not limited to cuts of
meat, poultry, or fish; shelled aquatic items; pasteurized milk
or dairy products; washed shelled eggs; honey; maple syrup;
cleaned unshelled or shelled nuts; washed whole produce; and
washed and cut produce.
5. “Fund” means the farm-to-school fund created in section
190A.5.
6. “Process” means to prepare a food commodity in a manner
that allows it to be sold to consumers as a food product,
including by altering the form or identity of the food
commodity; trimming, cutting, cleaning, drying, freezing,
filtering, sorting, or shelling the food commodity; or
packaging the food commodity.
7. “Program” means the farm-to-school program created in
section 190A.6.
8. “School” means a public school or nonpublic school, as
those terms are defined in section 280.2, or that portion of a
public school or nonpublic school that provides facilities for
teaching any grade from kindergarten through grade twelve.
9. “School district” means a school district as described
in chapter 274.
Sec. 6. NEW SECTION. 190A.5 Farm-to-school fund.
1. A farm-to-school fund is created in the state treasury
under the management and control of the department.
2. The fund shall include moneys appropriated to the fund
by the general assembly. The fund shall include any other
moneys available to and obtained or accepted by the department,
including moneys from public or private sources, to support the
program.
3. Moneys in the fund are appropriated to support the
program in a manner determined by the department, including for
reasonable administrative costs incurred by the department.
However, the department shall not expend more than four
percent of moneys existing at any one time in the fund during
-3-each fiscal year for purpose of paying costs associated with
the administration of the program and fund incurred by the
department during that fiscal year. Moneys expended from the
fund shall not require further special authorization by the
general assembly.
4. a. Notwithstanding section 12C.7, interest or earnings
on moneys in the fund shall be credited to the fund.
b. Notwithstanding section 8.33, moneys credited to the
fund that remain unencumbered or unobligated at the close of
a fiscal year shall not revert but shall remain available for
expenditure for the purposes designated.
Sec. 7. NEW SECTION. 190A.6 Farm-to-school program.
1. A farm-to-school program is created. The program shall
be controlled and administered by the department.
2. The purpose of the program is to assist schools and
school districts in purchasing food products derived from food
commodities produced on a farm.
3. The department shall reimburse a school or school
district for expenditures incurred by the school or school
district during the school year in which the school or school
district is participating in the program to purchase food
products derived from food commodities produced on a farm.
4. A school or school district must apply each year to the
department to participate in the program according to rules
adopted by the department pursuant to chapter 17A.
5. To be eligible to participate in the program, a school or
school district must purchase a food product directly from a
farm source as follows:
a. The farm source must be any of the following:
(1) A farm where a food commodity is produced, if the food
commodity is processed into a food product on the farm for sale
to a consumer.
(2) A business premises that is directly shipped a food
commodity from a farm, if the food commodity is processed into
a food product on the business premises for sale to a consumer.
-4- (3) A business premises that is directly shipped a food
product from a farm, if the food product is purchased for
resale to a consumer or is distributed to a consumer on behalf
of a farmer.
b. The farm source must comply with all applicable laws
regulating the sale of food.
c. (1) Except as provided in subparagraph (2), the farm
source must be located in this state.
(2) If the school district shares a border with another
state, or the school is part of a school district that shares
a border with another state, the farm source may be located
in the other state. However, the farm source must be located
within thirty miles of the school district’s border with the
other state and the department must approve the purchase.
6. The department shall require proof of purchase prior to
reimbursing the school or school district for the purchase of
food products.
7. The department of agriculture and land stewardship may
administer the program in cooperation with the department of
education and the participating school or school district in
which a participating school is located.
8. a. The department shall reimburse a participating
school or school district that submits a claim as required
by the department. The department shall pay the claim on a
matching basis with the department contributing one dollar
for every three dollars expended by the school or school
district. However, a school or school district shall not
receive more than one thousand dollars during any year in which
it participates in the program.
b. Notwithstanding paragraph “a”, if the department
determines that there are sufficient moneys in the fund to
satisfy all claims that may be submitted by schools and school
districts, the department shall provide for the distribution
of the available moneys in a manner determined equitable by
the department, which may include a prorated distribution to
-5-participating schools and school districts.
PART B
FERTILIZERS AND SOIL CONDITIONERS
Sec. 8. Section 200.3, subsection 24, Code 2021, is amended
by striking the subsection.
Sec. 9. Section 200.14, Code 2021, is amended to read as
follows:
200.14 Rules.
1. a. The secretary is authorized, after public hearing,
following due notice, to department may adopt rules setting
forth pursuant to chapter 17A providing minimum general
safety standards for the design, construction, location,
installation, and operation of equipment for storage, handling,
transportation by tank truck or tank trailer, and utilization
of anhydrous ammonia fertilizers and soil conditioners.
a. b. The rules shall be such as are reasonably necessary
for the protection and safety of the public and persons using
anhydrous ammonia fertilizers or soil conditioners, and shall
be in substantial conformity with the generally accepted
standards of safety.
b. Rules that are in substantial conformity with the
published standards of the agricultural ammonia institute for
the design, installation and construction of containers and
pertinent equipment for the storage and handling of anhydrous
ammonia, shall be deemed to be in substantial conformity with
the generally accepted standards of safety.
2. c. Anhydrous ammonia Fertilizer and soil conditioner
equipment shall be installed and maintained in a safe operating
condition and in conformity with rules adopted by the secretary
department.
3. 2. The secretary shall enforce this chapter and, after
due publicity and due public hearing, department may adopt
such reasonable rules as may be necessary in order to carry
into effect the purpose,and intent and to secure the efficient
administration, of this chapter.
-6- 4. 3. This chapter does not prohibit the use of storage
tanks smaller than transporting tanks nor the transfer of all
kinds of fertilizer including anhydrous ammonia fertilizers
or soil conditioners directly from transporting tanks to
implements of husbandry, if proper safety precautions are
observed.
DIVISION IV
WEIGHTS AND MEASURES
PART A
GENERAL
Sec. 10. Section 214.1, Code 2021, is amended by adding the
following new subsection:
NEW SUBSECTION. 6. “Weighmaster” means a person who keeps
and regularly uses a commercial weighing and measuring device
to accurately weigh objects for others as part of the person’s
business operated on a profit, cooperative, or nonprofit basis.
Sec. 11. Section 214.3, subsection 1, Code 2021, is amended
to read as follows:
1. The A license issued by the department for the inspection
of a commercial weighing and measuring device shall expire on
December 31 of each year, and for a motor fuel pump on June 30
of each year. The amount of the fee due for each license shall
be as provided in subsection 3, except that the fee for a motor
fuel pump shall be four dollars and fifty cents if paid within
one month from the date the license is due.
Sec. 12. Section 214.3, subsection 3, paragraph e,
subparagraph (2), Code 2021, is amended to read as follows:
(2) Retail motor fuel pump, nine four dollars and fifty
cents.
Sec. 13. Section 214.4, subsection 1, unnumbered paragraph
1, Code 2021, is amended to read as follows:
If the department does not receive payment of the license
fee required pursuant to section 214.3 within one month from
the due date, the department shall send deliver a notice to
the owner or operator of the device. The notice shall be
-7-delivered by certified mail. The notice shall state all of the
following:
Sec. 14. Section 214.6, Code 2021, is amended to read as
follows:
214.6 Oath Duties of weighmasters weighmaster.
All persons keeping a commercial weighing and measuring
device, before entering upon their duties as weighmasters, A
weighmaster shall be sworn before some person having authority
to administer oaths, to keep their ensure that a commercial
weighing and measuring device is correctly balanced, to make
true weights, and to shall render a correct account to the
person having weighing done.
Sec. 15. Section 214.11, Code 2021, is amended to read as
follows:
214.11 Inspections — recalibrations — penalty.
1. The department shall provide for annual inspections
of all motor fuel pumps, including but not limited to motor
fuel blender pumps, licensed under this chapter. Inspections
shall be for the purpose of determining the accuracy of the
pumps’ measuring mechanisms, and for such and correctness of
motor fuel pumps. For that purpose the department’s inspectors
may enter upon the premises of any wholesale dealer or retail
dealer, as they are defined in section 214A.1, of motor fuel
or fuel oil within this state.
2. Upon completion of an inspection, the inspector shall
affix the department’s seal to the measuring mechanism of the
motor fuel pump. The seal shall be appropriately marked,
dated, and recorded by the inspector. If the owner of an
inspected and sealed motor fuel pump is registered with the
department as a servicer in accordance with section 215.23,
or employs a person so registered as a servicer, the owner
or other servicer may open the motor fuel pump, break the
department’s seal, recalibrate the measuring mechanism if
necessary, and reseal the motor fuel pump as long as the
department is notified of the recalibration within forty-eight
-8-hours, on a form in a manner provided by the department.
2. 3. A person violating a provision of this section is,
upon conviction, guilty of a simple misdemeanor.
PART B
MOTOR FUEL
Sec. 16. Section 214A.2A, subsection 1, Code 2021, is
amended to read as follows:
1. Fuel which is sold or is kept, offered, or exposed for
sale as kerosene shall be labeled as kerosene. The label
shall include the word “kerosene” and a or the designation as
either “K1” or “K2” “K1 kerosene”, and shall indicate that
the kerosene is in compliance with the standard specification
adopted by A.S.T.M. international specification D3699 (1982).
Sec. 17. REPEAL. Section 214A.15, Code 2021, is repealed.
part c
inspections
Sec. 18. Section 215.4, Code 2021, is amended to read as
follows:
215.4 Tag for inaccurate or incorrect device — reinspection
— license fee.
A commercial weighing and measuring device found to be
inaccurate or incorrect upon inspection by the department
shall be rejected or tagged “condemned until repaired” and
the “licensed for commercial use” inspection sticker shall be
removed. If notice is received by the department that the
device has been repaired and upon reinspection the device is
found to be accurate or correct, the a license fee shall not
may be charged for the reinspection. However, a second license
fee shall be charged if upon reinspection the device is found
to be inaccurate. The device shall be tagged “condemned” and
removed from service if a third reinspection fails.
Sec. 19. Section 215.7, Code 2021, is amended to read as
follows:
215.7 Transactions by false weights or measures.
1. A person shall be deemed to have violated the provisions
-9-of this chapterand shall be punished as provided in chapter
189, if the person does any of the following apply:
1. a. The person sells Sells, trades, delivers, charges
for, or claims to have delivered to a purchaser an amount
of any commodity which is less in weight or measure than
that which is asked for, agreed upon, claimed to have been
delivered, or noted on the delivery ticket.
2. b. The person makes Makes a settlement for or enters
a credit, based upon any false weight or measurement, for any
commodity purchased.
3. c. The person makes Makes a settlement for or enters
a credit, based upon any false weight or measurement, for any
labor where the price of producing or mining is determined by
weight or measure.
4. d. The person records Records a false weight or
measurement upon the weight ticket or book.
2. The department may adopt rules pursuant to chapter 17A
that allow for reasonable variations and exceptions for small
packages.
3. A person who violates this section is guilty of a simple
misdemeanor.
Sec. 20. Section 215.23, Code 2021, is amended to read as
follows:
215.23 Servicer’s license.
1. A servicer shall not install, service, or repair a
commercial weighing and measuring device until the servicer
has demonstrated that the servicer has available adequate
testing equipment, and that the servicer possesses a working
knowledge of all devices the servicer intends to install or
repair and of all appropriate weights, measures, statutes, and
rules, as evidenced by passing a qualifying examination to
be conducted by the department and obtaining a license. The
secretary of agriculture shall establish by rule pursuant to
chapter 17A, requirements for and contents of the examination.
The department may adopt rules pursuant to chapter 17A setting
-10-forth qualification requirements for persons applying for a
servicer’s license, including an examination.
2. In determining these a servicer’s qualifications, the
secretary shall department may consider the specifications
of the United States national institute of standards and
technology, handbook 44, “Specifications, Tolerances, and
Technical Requirements for Weighing and Measuring Devices”,
or the current successor or equivalent specifications adopted
by the United States national institute of standards and
technology.
3. The secretary shall department may require an annual the
payment of a license fee of not more than five dollars for an
amount established by rule for each license issued under this
section.
4. Each A license shall expire one year two years from its
date of issuance.
Sec. 21. REPEAL. Sections 215.3 and 215.8, Code 2021, are
repealed.
DIVISION V
FARM FOOD STUDY
Sec. 22. FARM-TO-TABLE TASK FORCE.
1. The Iowa cooperative extension service in agriculture
and home economics of Iowa state university of science and
technology, in cooperation with the department of agriculture
and land stewardship, shall establish a farm-to-table task
force.
2. The purpose of the task force is to recommend how
institutional purchasers, including schools, may be provided
with long-term practical options to routinely acquire fresh
food derived from locally or regionally produced and processed
farm commodities, including meat, poultry, fish, and dairy
products; eggs; vegetables; fruits; nuts; and honey.
3. The task force shall consider methods to do all of the
following:
a. Improve direct farmer to consumer transactions.
-11- b. Better integrate existing public and private procurement
and nutritional programs, including but not limited to the
farm-to-school program as provided in chapter 190A; the from
farm to food donation tax credit as provided in chapter 190B,
subchapter I; the Iowa emergency food purchase program as
provided in chapter 190B, subchapter II; and the local food and
farm program as provided in chapter 267A.
4. a. The task force shall be jointly chaired by the vice
president for extension and outreach of Iowa state university
of science and technology, or a designee; and the secretary of
agriculture, or a designee. The chairpersons of the task force
shall appoint remaining voting members to serve on the task
force.
b. The Iowa cooperative extension service in agriculture
and home economics shall provide meeting rooms, materials, and
staffing services for the task force.
5. The task force shall prepare and submit a report to
the governor and general assembly not later than December 10,
2021. The report shall include findings and recommendations,
including any proposed legislation, and a suggested timeline
for implementation of the task force’s recommendations.
6. This section is repealed December 11, 2021.
-12-______________________________
JAKE CHAPMANPresident of the Senate______________________________
PAT GRASSLEYSpeaker of the House I hereby certify that this bill originated in the Senate and is known as Senate File 578, Eighty-ninth General Assembly.______________________________
W. CHARLES SMITHSONSecretary of the SenateApproved _______________, 2021______________________________
KIM REYNOLDSGovernorda/ns/mb/mb/mb
agriculture and land stewardship, including by providing for
administration, programs, and regulations, providing fees,
providing penalties, and making penalties applicable.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
DIVISION I
DEPARTMENTAL ORGANIZATION
Section 1. Section 159.5, subsection 7, Code 2021, is
amended to read as follows:
7. Establish and maintain a marketing news service bureau
in the department which shall, in cooperation with the
federal market news and grading division Cooperate with the
agricultural marketing service of the United States department
of agriculture, to collect and disseminate data and information
relative to the market prices and conditions of agricultural
products raised, produced, and handled in the state.
DIVISION II
FOREIGN ANIMAL DISEASE CONTROL
Sec. 2. Section 22.7, Code 2021, is amended by adding the
following new subsection:
NEW SUBSECTION. 39A. Information related to the
registration and identification of any premises where animals
are kept as authorized pursuant to the foreign animal disease
preparedness and response strategy as provided in section
163.3C.
Sec. 3. Section 163.3C, Code 2021, is amended by adding the
following new subsection:
NEW SUBSECTION. 3. a. In developing and establishing a
foreign animal disease preparedness and response strategy, the
department may collect, maintain, and use information related
to the registration and identification of any premises where
animals are kept. The information may include but is not
limited to all of the following:
(1) The name, address, and contact information of an
interested person.
(2) The location of the premises where the animals are kept.
(3) An identification number assigned to the premises where
the animals are kept.
b. The information described in paragraph “a” is a
confidential record as provided in section 22.7. Nothing
-1-in this subsection limits the department in acting as the
lawful custodian of the confidential record from disclosing
the record or any part of the record to another person if the
department determines that such disclosure will assist in
implementing, administering, or enforcing the foreign animal
disease preparedness and response strategy.
DIVISION III
COMMODITY PRODUCTION AND SALE
PART A
FARM-TO-SCHOOL ACT
Sec. 4. Section 190A.1, Code 2021, is amended by striking
the section and inserting in lieu thereof the following:
190A.1 Short title.
This chapter shall be known and may be cited as the
“Farm-to-School Act”.
Sec. 5. NEW SECTION. 190A.2 Definitions.
As used in this chapter, unless the context otherwise
requires:
1. “Department” means the department of agriculture and land
stewardship.
2. “Food animal” means an animal belonging to the bovine,
caprine, ovine, or porcine species; a turkey, chicken, or other
type of poultry; a farm deer as defined in section 170.1; a
fish or other aquatic organism confined in private waters for
human consumption; or a bee as defined in section 160.1A.
3. “Food commodity” means any of the following:
a. A food animal that is to be slaughtered or harvested and
that is to be processed into a food product.
b. An item regularly generated by a food animal, including
milk, eggs, or honey, that has been collected, and that is to
be processed into a food product.
c. Sap, whole nuts, or whole produce, including vegetables
or fruit, that has been harvested and that is to be processed
into a food product.
4. “Food product” means a perishable or nonperishable
-2-product derived from processing a food commodity to be fit
for human consumption, including but not limited to cuts of
meat, poultry, or fish; shelled aquatic items; pasteurized milk
or dairy products; washed shelled eggs; honey; maple syrup;
cleaned unshelled or shelled nuts; washed whole produce; and
washed and cut produce.
5. “Fund” means the farm-to-school fund created in section
190A.5.
6. “Process” means to prepare a food commodity in a manner
that allows it to be sold to consumers as a food product,
including by altering the form or identity of the food
commodity; trimming, cutting, cleaning, drying, freezing,
filtering, sorting, or shelling the food commodity; or
packaging the food commodity.
7. “Program” means the farm-to-school program created in
section 190A.6.
8. “School” means a public school or nonpublic school, as
those terms are defined in section 280.2, or that portion of a
public school or nonpublic school that provides facilities for
teaching any grade from kindergarten through grade twelve.
9. “School district” means a school district as described
in chapter 274.
Sec. 6. NEW SECTION. 190A.5 Farm-to-school fund.
1. A farm-to-school fund is created in the state treasury
under the management and control of the department.
2. The fund shall include moneys appropriated to the fund
by the general assembly. The fund shall include any other
moneys available to and obtained or accepted by the department,
including moneys from public or private sources, to support the
program.
3. Moneys in the fund are appropriated to support the
program in a manner determined by the department, including for
reasonable administrative costs incurred by the department.
However, the department shall not expend more than four
percent of moneys existing at any one time in the fund during
-3-each fiscal year for purpose of paying costs associated with
the administration of the program and fund incurred by the
department during that fiscal year. Moneys expended from the
fund shall not require further special authorization by the
general assembly.
4. a. Notwithstanding section 12C.7, interest or earnings
on moneys in the fund shall be credited to the fund.
b. Notwithstanding section 8.33, moneys credited to the
fund that remain unencumbered or unobligated at the close of
a fiscal year shall not revert but shall remain available for
expenditure for the purposes designated.
Sec. 7. NEW SECTION. 190A.6 Farm-to-school program.
1. A farm-to-school program is created. The program shall
be controlled and administered by the department.
2. The purpose of the program is to assist schools and
school districts in purchasing food products derived from food
commodities produced on a farm.
3. The department shall reimburse a school or school
district for expenditures incurred by the school or school
district during the school year in which the school or school
district is participating in the program to purchase food
products derived from food commodities produced on a farm.
4. A school or school district must apply each year to the
department to participate in the program according to rules
adopted by the department pursuant to chapter 17A.
5. To be eligible to participate in the program, a school or
school district must purchase a food product directly from a
farm source as follows:
a. The farm source must be any of the following:
(1) A farm where a food commodity is produced, if the food
commodity is processed into a food product on the farm for sale
to a consumer.
(2) A business premises that is directly shipped a food
commodity from a farm, if the food commodity is processed into
a food product on the business premises for sale to a consumer.
-4- (3) A business premises that is directly shipped a food
product from a farm, if the food product is purchased for
resale to a consumer or is distributed to a consumer on behalf
of a farmer.
b. The farm source must comply with all applicable laws
regulating the sale of food.
c. (1) Except as provided in subparagraph (2), the farm
source must be located in this state.
(2) If the school district shares a border with another
state, or the school is part of a school district that shares
a border with another state, the farm source may be located
in the other state. However, the farm source must be located
within thirty miles of the school district’s border with the
other state and the department must approve the purchase.
6. The department shall require proof of purchase prior to
reimbursing the school or school district for the purchase of
food products.
7. The department of agriculture and land stewardship may
administer the program in cooperation with the department of
education and the participating school or school district in
which a participating school is located.
8. a. The department shall reimburse a participating
school or school district that submits a claim as required
by the department. The department shall pay the claim on a
matching basis with the department contributing one dollar
for every three dollars expended by the school or school
district. However, a school or school district shall not
receive more than one thousand dollars during any year in which
it participates in the program.
b. Notwithstanding paragraph “a”, if the department
determines that there are sufficient moneys in the fund to
satisfy all claims that may be submitted by schools and school
districts, the department shall provide for the distribution
of the available moneys in a manner determined equitable by
the department, which may include a prorated distribution to
-5-participating schools and school districts.
PART B
FERTILIZERS AND SOIL CONDITIONERS
Sec. 8. Section 200.3, subsection 24, Code 2021, is amended
by striking the subsection.
Sec. 9. Section 200.14, Code 2021, is amended to read as
follows:
200.14 Rules.
1. a. The secretary is authorized, after public hearing,
following due notice, to department may adopt rules setting
forth pursuant to chapter 17A providing minimum general
safety standards for the design, construction, location,
installation, and operation of equipment for storage, handling,
transportation by tank truck or tank trailer, and utilization
of anhydrous ammonia fertilizers and soil conditioners.
a. b. The rules shall be such as are reasonably necessary
for the protection and safety of the public and persons using
anhydrous ammonia fertilizers or soil conditioners, and shall
be in substantial conformity with the generally accepted
standards of safety.
b. Rules that are in substantial conformity with the
published standards of the agricultural ammonia institute for
the design, installation and construction of containers and
pertinent equipment for the storage and handling of anhydrous
ammonia, shall be deemed to be in substantial conformity with
the generally accepted standards of safety.
2. c. Anhydrous ammonia Fertilizer and soil conditioner
equipment shall be installed and maintained in a safe operating
condition and in conformity with rules adopted by the secretary
department.
3. 2. The secretary shall enforce this chapter and, after
due publicity and due public hearing, department may adopt
such reasonable rules as may be necessary in order to carry
into effect the purpose,and intent and to secure the efficient
administration, of this chapter.
-6- 4. 3. This chapter does not prohibit the use of storage
tanks smaller than transporting tanks nor the transfer of all
kinds of fertilizer including anhydrous ammonia fertilizers
or soil conditioners directly from transporting tanks to
implements of husbandry, if proper safety precautions are
observed.
DIVISION IV
WEIGHTS AND MEASURES
PART A
GENERAL
Sec. 10. Section 214.1, Code 2021, is amended by adding the
following new subsection:
NEW SUBSECTION. 6. “Weighmaster” means a person who keeps
and regularly uses a commercial weighing and measuring device
to accurately weigh objects for others as part of the person’s
business operated on a profit, cooperative, or nonprofit basis.
Sec. 11. Section 214.3, subsection 1, Code 2021, is amended
to read as follows:
1. The A license issued by the department for the inspection
of a commercial weighing and measuring device shall expire on
December 31 of each year, and for a motor fuel pump on June 30
of each year. The amount of the fee due for each license shall
be as provided in subsection 3, except that the fee for a motor
fuel pump shall be four dollars and fifty cents if paid within
one month from the date the license is due.
Sec. 12. Section 214.3, subsection 3, paragraph e,
subparagraph (2), Code 2021, is amended to read as follows:
(2) Retail motor fuel pump, nine four dollars and fifty
cents.
Sec. 13. Section 214.4, subsection 1, unnumbered paragraph
1, Code 2021, is amended to read as follows:
If the department does not receive payment of the license
fee required pursuant to section 214.3 within one month from
the due date, the department shall send deliver a notice to
the owner or operator of the device. The notice shall be
-7-delivered by certified mail. The notice shall state all of the
following:
Sec. 14. Section 214.6, Code 2021, is amended to read as
follows:
214.6 Oath Duties of weighmasters weighmaster.
All persons keeping a commercial weighing and measuring
device, before entering upon their duties as weighmasters, A
weighmaster shall be sworn before some person having authority
to administer oaths, to keep their ensure that a commercial
weighing and measuring device is correctly balanced, to make
true weights, and to shall render a correct account to the
person having weighing done.
Sec. 15. Section 214.11, Code 2021, is amended to read as
follows:
214.11 Inspections — recalibrations — penalty.
1. The department shall provide for annual inspections
of all motor fuel pumps, including but not limited to motor
fuel blender pumps, licensed under this chapter. Inspections
shall be for the purpose of determining the accuracy of the
pumps’ measuring mechanisms, and for such and correctness of
motor fuel pumps. For that purpose the department’s inspectors
may enter upon the premises of any wholesale dealer or retail
dealer, as they are defined in section 214A.1, of motor fuel
or fuel oil within this state.
2. Upon completion of an inspection, the inspector shall
affix the department’s seal to the measuring mechanism of the
motor fuel pump. The seal shall be appropriately marked,
dated, and recorded by the inspector. If the owner of an
inspected and sealed motor fuel pump is registered with the
department as a servicer in accordance with section 215.23,
or employs a person so registered as a servicer, the owner
or other servicer may open the motor fuel pump, break the
department’s seal, recalibrate the measuring mechanism if
necessary, and reseal the motor fuel pump as long as the
department is notified of the recalibration within forty-eight
-8-hours, on a form in a manner provided by the department.
2. 3. A person violating a provision of this section is,
upon conviction, guilty of a simple misdemeanor.
PART B
MOTOR FUEL
Sec. 16. Section 214A.2A, subsection 1, Code 2021, is
amended to read as follows:
1. Fuel which is sold or is kept, offered, or exposed for
sale as kerosene shall be labeled as kerosene. The label
shall include the word “kerosene” and a or the designation as
either “K1” or “K2” “K1 kerosene”, and shall indicate that
the kerosene is in compliance with the standard specification
adopted by A.S.T.M. international specification D3699 (1982).
Sec. 17. REPEAL. Section 214A.15, Code 2021, is repealed.
part c
inspections
Sec. 18. Section 215.4, Code 2021, is amended to read as
follows:
215.4 Tag for inaccurate or incorrect device — reinspection
— license fee.
A commercial weighing and measuring device found to be
inaccurate or incorrect upon inspection by the department
shall be rejected or tagged “condemned until repaired” and
the “licensed for commercial use” inspection sticker shall be
removed. If notice is received by the department that the
device has been repaired and upon reinspection the device is
found to be accurate or correct, the a license fee shall not
may be charged for the reinspection. However, a second license
fee shall be charged if upon reinspection the device is found
to be inaccurate. The device shall be tagged “condemned” and
removed from service if a third reinspection fails.
Sec. 19. Section 215.7, Code 2021, is amended to read as
follows:
215.7 Transactions by false weights or measures.
1. A person shall be deemed to have violated the provisions
-9-of this chapterand shall be punished as provided in chapter
189, if the person does any of the following apply:
1. a. The person sells Sells, trades, delivers, charges
for, or claims to have delivered to a purchaser an amount
of any commodity which is less in weight or measure than
that which is asked for, agreed upon, claimed to have been
delivered, or noted on the delivery ticket.
2. b. The person makes Makes a settlement for or enters
a credit, based upon any false weight or measurement, for any
commodity purchased.
3. c. The person makes Makes a settlement for or enters
a credit, based upon any false weight or measurement, for any
labor where the price of producing or mining is determined by
weight or measure.
4. d. The person records Records a false weight or
measurement upon the weight ticket or book.
2. The department may adopt rules pursuant to chapter 17A
that allow for reasonable variations and exceptions for small
packages.
3. A person who violates this section is guilty of a simple
misdemeanor.
Sec. 20. Section 215.23, Code 2021, is amended to read as
follows:
215.23 Servicer’s license.
1. A servicer shall not install, service, or repair a
commercial weighing and measuring device until the servicer
has demonstrated that the servicer has available adequate
testing equipment, and that the servicer possesses a working
knowledge of all devices the servicer intends to install or
repair and of all appropriate weights, measures, statutes, and
rules, as evidenced by passing a qualifying examination to
be conducted by the department and obtaining a license. The
secretary of agriculture shall establish by rule pursuant to
chapter 17A, requirements for and contents of the examination.
The department may adopt rules pursuant to chapter 17A setting
-10-forth qualification requirements for persons applying for a
servicer’s license, including an examination.
2. In determining these a servicer’s qualifications, the
secretary shall department may consider the specifications
of the United States national institute of standards and
technology, handbook 44, “Specifications, Tolerances, and
Technical Requirements for Weighing and Measuring Devices”,
or the current successor or equivalent specifications adopted
by the United States national institute of standards and
technology.
3. The secretary shall department may require an annual the
payment of a license fee of not more than five dollars for an
amount established by rule for each license issued under this
section.
4. Each A license shall expire one year two years from its
date of issuance.
Sec. 21. REPEAL. Sections 215.3 and 215.8, Code 2021, are
repealed.
DIVISION V
FARM FOOD STUDY
Sec. 22. FARM-TO-TABLE TASK FORCE.
1. The Iowa cooperative extension service in agriculture
and home economics of Iowa state university of science and
technology, in cooperation with the department of agriculture
and land stewardship, shall establish a farm-to-table task
force.
2. The purpose of the task force is to recommend how
institutional purchasers, including schools, may be provided
with long-term practical options to routinely acquire fresh
food derived from locally or regionally produced and processed
farm commodities, including meat, poultry, fish, and dairy
products; eggs; vegetables; fruits; nuts; and honey.
3. The task force shall consider methods to do all of the
following:
a. Improve direct farmer to consumer transactions.
-11- b. Better integrate existing public and private procurement
and nutritional programs, including but not limited to the
farm-to-school program as provided in chapter 190A; the from
farm to food donation tax credit as provided in chapter 190B,
subchapter I; the Iowa emergency food purchase program as
provided in chapter 190B, subchapter II; and the local food and
farm program as provided in chapter 267A.
4. a. The task force shall be jointly chaired by the vice
president for extension and outreach of Iowa state university
of science and technology, or a designee; and the secretary of
agriculture, or a designee. The chairpersons of the task force
shall appoint remaining voting members to serve on the task
force.
b. The Iowa cooperative extension service in agriculture
and home economics shall provide meeting rooms, materials, and
staffing services for the task force.
5. The task force shall prepare and submit a report to
the governor and general assembly not later than December 10,
2021. The report shall include findings and recommendations,
including any proposed legislation, and a suggested timeline
for implementation of the task force’s recommendations.
6. This section is repealed December 11, 2021.
-12-______________________________
JAKE CHAPMANPresident of the Senate______________________________
PAT GRASSLEYSpeaker of the House I hereby certify that this bill originated in the Senate and is known as Senate File 578, Eighty-ninth General Assembly.______________________________
W. CHARLES SMITHSONSecretary of the SenateApproved _______________, 2021______________________________
KIM REYNOLDSGovernorda/ns/mb/mb/mb