Print
House File 2581 - ReprintedA Bill ForAn Act 1providing for programs and regulations administered
2and enforced by the department of agriculture and land
3stewardship, providing fees, providing penalties, and making
4penalties applicable.
5BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1DIVISION I
2choose iowa promotional program
3 Section 1. Section 159.20, Code 2022, is amended by adding
4the following new subsection:
5 NEW SUBSECTION. 1A. The department shall establish and
6administer a choose Iowa promotional program as provided in
7part 2 of this subchapter, in order to provide consumers
8a choice in purchasing food items that originate as an
9agricultural commodity produced on Iowa farms.
10 Sec. 2. NEW SECTION. 159.26 Definitions.
11As used in this part:
121. “Food item” means any of the following:
13a. A perishable item derived from an agricultural commodity,
14or processed from an agricultural commodity, that is fit for
15human consumption.
16b. Honey produced from bees in a managed beehive.
172. “Iowa farm” means land in this state used to produce an
18agricultural commodity.
193. “Process” means to prepare a food item in a manner that
20allows it to be fit for human consumption.
214. “Program” means the choose Iowa promotional program
22established in section 159.29.
23 Sec. 3. NEW SECTION. 159.28 Administration.
24The department shall administer the provisions of this part,
25including by adopting rules pursuant to chapter 17A as it
26determines are necessary or desirable.
27 Sec. 4. NEW SECTION. 159.29 Choose Iowa promotional
28program.
291. The department shall establish and administer a choose
30Iowa promotional program to advertise for sale on a retail
31basis a food item that originates as an agricultural commodity
32produced on an Iowa farm, and that may include any of the
33following:
34a. An agricultural commodity, except that it may be prepared
35for sale by washing or packaging in this state.
-1- 1b. A product, if it is processed in this state and any of
2its ingredients originate as an agricultural commodity produced
3on an Iowa farm.
42. a. The department may adopt rules further defining
5an Iowa farm and describing how an agricultural commodity
6originates on an Iowa farm.
7b. The department may adopt rules providing for the
8acceptable use of ingredients originating from agricultural
9commodities not produced on Iowa farms. In adopting the
10rules, the department may consider whether the ingredient is
11an incidental additive or other component that the department
12determines is insignificant.
13 Sec. 5. NEW SECTION. 159.30 Choose Iowa logo.
141. As part of the program, the department may establish
15a choose Iowa logo to identify a food item originating as an
16agricultural commodity produced on an Iowa farm.
172. The department may register the choose Iowa logo as a
18mark with the secretary of state under chapter 548. If allowed
19under federal law, the department may also register the logo as
20a trademark with the United States patent and trademark office
21or as a copyright with the United States copyright office.
223. This section does not require the department to
23incorporate the name “choose Iowa” as part of a mark,
24trademark, or copyright, if such name is already protected by
25state or federal law.
264. If the department registers a mark with the secretary
27of state, registers a trademark with the United States patent
28and trademark office, or registers a copyright with the United
29States copyright office under this section, the state of
30Iowa shall be named as the owner of the mark, trademark, or
31copyright.
325. The use of a choose Iowa logo does not do any of the
33following:
34a. Provide an express or implied guarantee or warranty
35concerning the safety, fitness, merchantability, or use of a
-2-1food item.
2b. Supersede, revise, or replace a state or federal labeling
3requirement, including but not limited to a provision in the
4federal Fair Packaging and Labeling Act, 15 U.S.C.§1451 et
5seq.
6c. Indicate the grade, specification, standard, or value of
7any food item.
8 Sec. 6. NEW SECTION. 159.31 Choose Iowa licensing agreement
9— fees.
101. A person may apply to the department to participate in
11the choose Iowa promotional program according to procedures
12established by rules adopted by the department. The department
13shall evaluate and approve or disapprove applications based
14on criteria established by rules adopted by the department.
15The department may disapprove an application if the department
16determines the applicant’s use of the choose Iowa logo would be
17associated with the consumption of an adulterated or illegal
18food item.
192. The department may enter into a licensing agreement
20with a person participating in the program. The participating
21person may use the choose Iowa logo to advertise a food item
22originating as an agricultural commodity produced on an Iowa
23farm, subject to terms and conditions required by rules adopted
24by the department. A licensing agreement shall not be for more
25than one year.
263. The department shall establish application and license
27fees by rules adopted by the department.
28 Sec. 7. NEW SECTION. 159.31A Choose Iowa fund.
291. A choose Iowa fund is established in the state treasury
30under the management and control of the department.
312. The fund shall include moneys collected as fees by the
32department as provided in section 159.31, moneys appropriated
33by the general assembly, and other moneys available to and
34obtained or accepted by the department, including moneys from
35public or private sources.
-3- 13. Moneys in the fund are appropriated to the department
2and shall be used exclusively to carry out the provisions of
3this part as determined and directed by the department, and
4shall not require further special authorization by the general
5assembly.
64. a. Notwithstanding section 12C.7, interest or earnings
7on moneys in the fund shall be credited to the fund.
8b. Notwithstanding section 8.33, moneys in the fund that
9remain unencumbered or unobligated at the end of a fiscal year
10shall not revert.
11 Sec. 8. DIRECTIONS TO CODE EDITOR — TRANSFER.
121. The Code editor is directed to make the following
13transfer:
14Section 159.27 to section 159.25.
152. The Code editor shall correct internal references in the
16Code and in any enacted legislation as necessary due to the
17enactment of this section.
18 Sec. 9. DIRECTIONS TO CODE EDITOR — PARTS. The Code editor
19is directed to divide the provisions in chapter 159, subchapter
20II, as amended, enacted, or transferred in this division of
21this Act, into parts as follows:
221. Part 1, including sections 159.20 through 159.25.
232. Part 2, including sections 159.26 through 159.31A.
24DIVISION II
25regulation of pesticides
26 Sec. 10. Section 206.12, subsection 3, Code 2022, is amended
27to read as follows:
283. The registrant, before selling or offering for sale any
29pesticide for use in this state, shall register each brand and
30grade of such pesticide with the secretary upon forms furnished
31by the secretary, and the secretary shall set the registration
32fee annually at one-fifth of one percent of gross sales within
33this state with a minimum fee of two hundred fifty dollars and
34a maximum fee of three thousand hundred dollars for each and
35every brand and grade to be offered for sale in this state
-4-1except as otherwise provided. The annual registration fee for
2products with gross annual sales in this state of less than
3one million five hundred thousand dollars shall be the greater
4of two hundred fifty dollars or one-fifth of one percent of
5the gross annual sales as established by affidavit of the
6registrant. The secretary shall adopt by rule exemptions to
7the minimum fee. Fifty dollars of each fee collected shall be
8deposited in the general fund of the state, shall be subject
9to the requirements of section 8.60, and shall be used only
10for the purpose of enforcing the provisions of this chapter
11and the remainder of each fee collected shall be placed in the
12agriculture management account of the groundwater protection
13fund.
14 Sec. 11. Section 206.19, subsection 5, paragraph b, Code
152022, is amended to read as follows:
16b. The amount of the civil penalty that may be assessed
17for each violation committed by a commercial applicator or
18private applicator shall not exceed five hundred dollars for
19each offense.
20DIVISION III
21regulation of motor fuels
22 Sec. 12. Section 214A.1, subsections 2, 5, and 13, Code
232022, are amended to read as follows:
242. “A.S.T.M. ASTM international” means the American society
25for testing and materials international.
265. “Biodiesel” means a renewable fuel comprised of
27mono-alkyl esters of long-chain fatty acids derived from
28vegetable oils or animal fats, which is manufactured by the
29use of a transesterification reaction, and which meets the
30standards provided in section 214A.2.
3113. “E-85 gasoline” or “E-85” means ethanol blended gasoline
32formulated with a percentage of between seventy sixty-eight
33 and eighty-five eighty-three percent by volume of ethanol, if
34the formulation excludes a denaturant, and which meets the
35standards provided in section 214A.2.
-5-1 Sec. 13. NEW SECTION. 214A.1A Administration and
2enforcement.
3This chapter shall be administered and enforced by the
4department which may adopt rules under chapter 17A to carry out
5the provisions of this chapter.
6 Sec. 14. Section 214A.2, Code 2022, is amended to read as
7follows:
8214A.2 Tests and standards Standards and classifications.
91. a. The department shall adopt rules pursuant to chapter
1017A for carrying out this chapter. The rules may include but
11are not limited to specifications establishing departmental
12standards relating to motor fuel, including but not limited to
13renewable fuel such as ethanol blended gasoline, biobutanol
14blended gasoline, biodiesel, biodiesel blended fuel, fuels and
15motor fuel components such as an oxygenate.
16b. In the interest of uniformity, the department shall
17adopt by reference other in part or in whole, as some of its
18departmental standards described in paragraph “a”, applicable
19 specifications relating to tests and standards for motor fuel,
20including renewable fuel and motor fuel components, adopted by
21ASTM international and applicable requirements established by
22the United States environmental protection agency and A.S.T.M.
23international.
242. Octane number shall conform to the average of values
25obtained from the A.S.T.M. ASTM international D2699 research
26method and the A.S.T.M. ASTM international D2700 motor method.
27a. Octane number for regular grade unleaded gasoline shall
28follow the specifications of A.S.T.M. ASTM international but
29shall not be less than eighty-seven.
30b. Octane number for premium grade unleaded gasoline shall
31follow the specifications of A.S.T.M. ASTM international but
32shall not be less than ninety ninety-one.
333. a. For motor fuel advertised for sale or sold as
34gasoline by a dealer, the motor fuel must meet requirements
35for that type of motor fuel and its additives established by
-6-1the United States environmental protection agency including as
2provided under 42 U.S.C. §7545.
3b. If the motor fuel is advertised for sale or sold as
4ethanol blended gasoline, the motor fuel must comply with meet
5 departmental standards which shall meet all of the following
6requirements including as follows:
7(1) Ethanol must be an agriculturally derived ethyl alcohol
8that meets A.S.T.M. departmental standards based in part or in
9whole on ASTM international specification D4806 for denatured
10fuel ethanol for blending with gasoline for use as automotive
11spark-ignition engine fuel, or a successor A.S.T.M. ASTM
12 international specification, as established by rules adopted
13by the department rule.
14(2) Gasoline blended with ethanol must meet requirements
15established by rules adopted departmental standards based
16 in part or in whole based on A.S.T.M. ASTM international
17specification D4814, or a successor ASTM international
18specification, established by rule.
19(3) (a) For ethanol blended gasoline, at least nine
20percent by volume must be fuel grade ethanol. In addition, the
21following applies:
22(a) (b) For the period beginning on September 16 and
23ending on May 31 of each year, the state grants a waiver of
24one pound per square inch from the A.S.T.M. ASTM international
25D4814 specification for Reid vapor pressure requirement, or
26a successor ASTM international specification, established by
27rule.
28(b) For the period beginning on June 1 and ending on
29September 15 of each year the United States environmental
30protection agency must grant a one pound per square inch waiver
31for ethanol blended conventional gasoline with at least nine
32but not more than ten percent by volume of ethanol pursuant to
3340 C.F.R. §80.27.
34(4) For standard ethanol blended gasoline, it must be
35ethanol blended gasoline classified as any of the following:
-7- 1(a) From E-9 up to but not higher than E-15, if the ethanol
2blended gasoline meets the departmental standards for that
3classification as otherwise provided in this paragraph “b”.
4(b) Higher than E-15 but not E-85 gasoline, if the
5classification is authorized by the department pursuant to
6approval for the use of that classification of ethanol blended
7gasoline in this state by the United States environmental
8protection agency, by granting a waiver or the adoption of
9regulations.
10(5) E-85 gasoline must be an agriculturally derived ethyl
11alcohol that meets A.S.T.M. departmental standards based in
12part or in whole on ASTM international specification D5798,
13described as a fuel blend for use in ground vehicles with
14automotive spark-ignition engines, or a successor A.S.T.M. ASTM
15 international specification, as established by rules adopted
16by the department rule.
17c. If the motor fuel is advertised for sale or sold as
18biobutanol blended gasoline, the motor fuel must comply
19with meet departmental standards which shall meet all of the
20following requirements as follows:
21(1) Biobutanol must be an agriculturally derived isobutyl
22or n-butyl alcohol that meets A.S.T.M. ASTMinternational
23specification D7862 for butanol for blending with gasoline for
24use as automotive spark-ignition engine fuel, or a successor
25A.S.T.M. ASTMinternational specification, as established by
26rules adopted by the department rule.
27(2) Gasoline blended with biobutanol must meet requirements
28established by rules adopted departmental standards based
29 in part or in whole based on A.S.T.M. ASTMinternational
30specification D4814, or a successor ASTM international
31specification, established by rule.
324. a. For motor fuel advertised for sale or sold as diesel
33fuel by a dealer, the motor fuel must meet requirements for
34that type of motor fuel and its additives established by the
35United States environmental protection agency including as
-8-1provided under 42 U.S.C. §7545.
2b. If the motor fuel is advertised for sale or sold as
3biodiesel or biodiesel blended fuel, the motor fuel must comply
4with meet departmental standards which shall comply with based
5in part or in whole on specifications adopted by A.S.T.M. ASTM
6 international for biodiesel or biodiesel blended fuel, to
7every extent applicable, as determined by rules adopted by the
8department. the department, subject to the following:
9(1) Biodiesel must conform to A.S.T.M. meet departmental
10standards based in whole or in part on ASTM international
11specification D6751, or a successor A.S.T.M. ASTM international
12specification, as established by rules adopted by the
13department rule. The specification shall apply to biodiesel
14before it leaves its place of manufacture.
15(2) At least one five percent of biodiesel blended fuel by
16volume must be biodiesel.
17(3) The biodiesel may be blended with diesel fuel whose
18sulfur, aromatic, lubricity, and cetane levels do not comply
19with A.S.T.M. ASTM international specification D975 grades
201-D or 2-D, low sulfur 1-D or 2-D, or ultra-low sulfur grades
211-D or 2-D, provided that the finished biodiesel blended fuel
22meets A.S.T.M. international specification D975 or a successor
23A.S.T.M. international specification as established by rules
24adopted by the department departmental standards as required in
25subparagraph (1).
26(4) Biodiesel blended fuel classified as B-6 or higher
27but not higher than B-20 must conform to A.S.T.M. meet
28departmental standards based in whole or in part on ASTM
29 international specification D7467, or a successor A.S.T.M. ASTM
30 international specification, as established by rules adopted
31by the department rule.
325. Motor fuel shall be classified as follows:
33a. (1) Ethanol shall be classified as E-100.
34(2) Ethanol blended gasoline formulated with a percentage
35of between sixty-eight and eighty-three percent by volume of
-9-1ethanol shall be classified as E-85.
2(3) Ethanol blended gasoline, other than ethanol blended
3gasoline classified as E-85, shall be designated classified as
4 E-xx where “xx” is the volume percent of ethanol in the ethanol
5blended gasoline.
6b. (1) Biobutanol shall be classified as Bu-100.
7(2) Biobutanol blended gasoline shall be designated
8 classified as Bu-xx where “xx” is the volume percent of
9biobutanol in the biobutanol blended gasoline.
10c. (1) Biodiesel shall be classified as B-100.
11(2) Biodiesel blendedfuel shall be designated classified
12as B-xx where “xx” is the volume percent of biodiesel.
136. Motor fuel shall not contain more than trace amounts of
14MTBE, as provided in section 214A.18.
15 Sec. 15. Section 214A.2A, subsection 1, Code 2022, is
16amended to read as follows:
171. Fuel which is sold or is kept, offered, or exposed for
18sale as kerosene shall be labeled as kerosene. The label shall
19include the word “kerosene” or the designation “K1 kerosene”,
20and shall indicate that the kerosene is in compliance with the
21standard specification adopted by A.S.T.M. ASTM international
22specification D3699 (1982), or a successor ASTM international
23specification, established by rules adopted by the department.
24 Sec. 16. Section 214A.2B, Code 2022, is amended to read as
25follows:
26214A.2B Laboratory for motor fuel and biofuels.
27A laboratory for motor fuel and biofuels is established at
28a community college which is engaged in biofuels testing on
29July 1, 2007, and which testing includes but is not limited to
30B-20 biodiesel fuel testing for motor trucks and the ability of
31biofuels to meet A.S.T.M. ASTM international standards. The
32laboratory shall conduct testing of motor fuel sold in this
33state and biofuel which is blended in motor fuel in this state
34to ensure that the motor fuel or biofuels meet the requirements
35in section 214A.2.
-10-1 Sec. 17. Section 214A.3, Code 2022, is amended to read as
2follows:
3214A.3 Advertising.
41. For all motor fuel, a A person shall not knowingly do any
5of the following:
6a. 1. Advertise the for sale of any motor fuel which that
7 does not meet the standards provided in section 214A.2.
8b. 2. Falsely advertise for sale the quality, type, or kind
9of any motor fuel or a component of motor fuel.
10c. 3. Add a coloring matter to the motor fuel which
11misleads a person who is purchasing the motor fuel about the
12quality of the motor fuel.
134. Falsely advertise for sale the classification of a motor
14fuel as provided in section 214A.2.
152. For a renewable fuel, all of the following apply:
16a. A person shall not knowingly falsely advertise that a
17motor fuel is a renewable fuel or is not a renewable fuel.
18b. (1) Ethanol blended gasoline sold by a dealer shall
19be designated according to its classification as provided in
20section 214A.2. However, a person advertising E-9 or E-10
21gasoline may only designate it as ethanol blended gasoline. A
22person advertising ethanol blended gasoline formulated with a
23percentage of between seventy and eighty-five percent by volume
24of ethanol shall designate it as E-85. A person shall not
25knowingly falsely advertise ethanol blended gasoline by using
26an inaccurate designation in violation of this subparagraph.
27(2) A person shall not knowingly falsely advertise
28biobutanol blended gasoline by using an inaccurate designation
29as provided in section 214A.2.
30(3) A person shall not knowingly falsely advertise
31biodiesel fuel by using an inaccurate designation as provided
32in section 214A.2.
33 Sec. 18. Section 214A.5, subsection 2, Code 2022, is amended
34to read as follows:
352. A wholesale dealer selling ethanol blended gasoline,
-11-1biobutanol blended gasoline, or biodiesel blended fuel to
2a purchaser shall provide the purchaser with a statement
3indicating its designation classification as provided in
4section 214A.2. The statement may be on the sales slip
5provided in this section or a similar document, including but
6not limited to a bill of lading or invoice.
7 Sec. 19. Section 214A.16, Code 2022, is amended to read as
8follows:
9214A.16 Notice of renewable fuel — decal.
101. a. If ethanol blended gasoline is sold from a motor
11fuel pump, the motor fuel pump shall have affixed a decal
12identifying the ethanol blended gasoline.
13b. If the motor fuel pump dispenses ethanol blended gasoline
14classified as E-11 to E-15 for use in gasoline-powered vehicles
15not required to be flexible fuel vehicles, the motor fuel pump
16shall have affixed a decal as prescribed by the United States
17environmental protection agency.
18c. 1. a. If the motor fuel pump dispenses ethanol blended
19gasoline classified as higher than standard ethanol blended
20gasoline pursuant to section 214A.2 is advertised for sale or
21sold at a retail motor fuel site, the motor fuel dispenser
22dispensing the ethanol blended gasoline shall be affixed with a
23 decal shall contain language stating that the classification
24of the ethanol blended gasoline is for use in flexible fuel
25vehicles.
26d. b. If biobutanol blended gasoline is advertised for sale
27or sold from at a retail motor fuel site, the motor fuel pump,
28the motor fuel pump dispenser dispensing the biobutanol blended
29gasoline shall have be affixed with a decal identifying the
30classification of biobutanol blended gasoline.
31e. If biodiesel fuel is sold from a motor fuel pump, the
32motor fuel pump shall have affixed a decal identifying the
33biodiesel fuel as provided in 16 C.F.R. pt.306.
342. The design and location of the decal shall be prescribed
35by rules adopted by the department. A decal identifying a
-12-1renewable fuel shall be consistent with standards adopted
2pursuant to section 159A.6. The department may approve an
3application to place a decal in a special location on a pump
4 dispenser or container or use a decal with special lettering
5or colors, if the decal appears clear and conspicuous to the
6consumer. The application shall be made in writing pursuant to
7procedures adopted by the department.
8 Sec. 20. Section 452A.12, subsection 2, Code 2022, is
9amended to read as follows:
102. A person while transporting motor fuel or undyed special
11fuel from a refinery or marine or pipeline terminal in this
12state or from a point outside this state over the highways
13of this state in service other than that under subsection
141 shall carry in the vehicle a loading invoice showing the
15name and address of the seller or consignor, the date and
16place of loading, and the kind and quantity of motor fuel or
17special fuel loaded, together with invoices showing the kind
18and quantity of each delivery and the name and address of each
19purchaser or consignee. An invoice carried pursuant to this
20subsection for ethanol blended gasoline or biodiesel blended
21fuel shall state its designation classification as provided in
22section 214A.2.
23 Sec. 21. Section 455G.31, subsection 1, paragraph b, Code
242022, is amended to read as follows:
25b. Ethanol blended gasoline shall be designated classified
26 in the same manner as provided in section 214A.2.
27DIVISION IV
28IOWA SHEEP AND WOOL PROMOTION BOARD
29 Sec. 22. Section 182.5, Code 2022, is amended to read as
30follows:
31182.5 Composition of board.
32The Iowa sheep and wool promotion board established
33under this chapter pursuant to section 182.4 shall be
34composed of nine producers, one from each district. The
35dean of the college of agriculture and life sciences of Iowa
-13-1state university of science and technology or the dean’s
2representative and the secretary or the secretary’s designee
3shall serve as ex officio nonvoting members of the board. The
4board shall annually elect a chairperson from its membership.
5 Sec. 23. Section 182.7, Code 2022, is amended to read as
6follows:
7182.7 Notice of election for directors membership positions.
81. Notice of the initial election for directors of
9 membership positions on the board shall be given by the
10secretary by publication in a newspaper of general circulation
11in the state at least five days prior to the date of the
12election and in any other reasonable manner as determined
13by the secretary. The notice shall set forth the period of
14time for voting, voting places, and other information as the
15secretary deems necessary.
162. Notice of a subsequent elections election for the a
17 membership position for a district on the board shall be
18given by the board by publication in a newspaper of general
19circulation in the district state and in any other reasonable
20manner as determined established by the board and. The notice
21 shall set forth the period of time for voting, voting places,
22and other information as the board deems necessary.
23 Sec. 24. Section 182.8, Code 2022, is amended to read as
24follows:
25182.8 Terms.
26The term of office for members of the board shall be
27three years and no member shall serve more than two complete
28consecutive terms. The producers members on the initial board
29shall determine their terms by lot, so that three producers
30 members shall serve a one-year term, three producers members
31 shall serve a two-year term, and three producers members shall
32serve a three-year term. A member elected to the initial board
33shall not serve more than two complete consecutive terms. A
34member subsequently elected to the board shall not serve more
35than a certain number of consecutive terms if, and as may be,
-14-1established by the board.
2 Sec. 25. Section 182.9, Code 2022, is amended to read as
3follows:
4182.9 Subsequent membership — nominations — election.
5After the appointment of the initial board, the board shall
6administer subsequent elections for members of the board with
7the assistance of the secretary. Before the expiration of a
8member’s term of office, the board shall appoint a nominating
9committee for the district represented by the member. The
10nominating committee shall consist of five producers who
11are residents of the district from which a member must be
12elected. The nominating committee shall nominate two resident
13 any number of producers as candidates for the membership
14position for which an election is to be held. The board shall
15nominate candidates based on criteria established by the board.
16 Additional candidates may be nominated by a written petition
17of signed by twenty-five resident producers. The board shall
18provide by rule and shall publish procedures governing the time
19and place of filing the nominations The petition shall be in a
20form and delivered to the board as required by the board.
21 Sec. 26. Section 182.10, Code 2022, is amended to read as
22follows:
23182.10 Vacancies.
24The board shall by appointment fill an unexpired term if
25a vacancy occurs on the board. The board shall select an
26 appointee shall be a resident producer in the district having a
27vacancy based on the criteria established by the board.
28DIVISION V
29LOCAL FOOD AND FARM PROGRAM
30 Sec. 27. Section 267A.2, Code 2022, is amended by adding the
31following new subsection:
32 NEW SUBSECTION. 5. “Secretary” means the secretary of
33agriculture.
34 Sec. 28. Section 267A.3, subsections 2 and 3, Code 2022,
35are amended by striking the subsections and inserting in lieu
-15-1thereof the following:
22. The council shall be composed of the following voting
3members:
4a. The secretary or the secretary’s designee.
5b. The following persons appointed by the secretary:
6(1) Four farmers each of whom shall produce an agricultural
7commodity in this state used to prepare or process a local
8food. A farmer must be actively engaged in the production of
9an agricultural commodity that is prepared or processed into
10the local food. The secretary must appoint farmers actively
11engaged in producing each of the following:
12(a) Livestock used to produce meat products.
13(b) Poultry used to produce poultry products.
14(c) Dairy animals used to produce milk and dairy products.
15(d) Fruit or vegetables to be washed or to be produced, cut,
16canned, or otherwise processed into products.
17(2) Two managers of firms each of whom shall represent
18different types of processors of agricultural commodities doing
19business in this state. A manager shall be actively engaged
20in the purchase of agricultural commodities from farmers, the
21preparation or processing of those commodities into local food,
22and the resale of the local food to distributors on a wholesale
23basis in this state. The secretary must appoint managers
24actively engaged in the sale of the following:
25(a) Meat products, poultry products, or milk or dairy
26products.
27(b) Fruits or vegetables, fruit products, or vegetable
28products.
29(3) One manager of a wholesale distributor of local
30food doing business in this state. The manager must be
31actively engaged in the purchase of local food prepared or
32processed from agricultural commodities by processors, and
33in the marketing of local food on a wholesale basis to food
34establishments in this state.
35(4) Three managers of food establishments doing business
-16-1in this state. Each manager must be actively engaged in the
2purchase of local food prepared or processed from agricultural
3commodities produced in this state, the purchase of the
4local food from wholesale distributors, and the marketing or
5distribution of the local food to consumers in this state.
6The secretary must appoint managers actively engaged in the
7operation of the following:
8(a) A grocery store.
9(b) A food service provider distributing food to any of the
10following:
11(i) Students attending a public or private school from
12kindergarten through grade twelve.
13(ii) Children attending a center for early education.
14(c) A food service provider distributing local food to an
15institution not attended by children.
16(5) Two heads of local or regional community food
17organizations doing business in this state. Each head must be
18actively engaged in promoting the well-being of Iowans through
19the distribution of local food prepared or processed from
20agricultural commodities produced in this state.
21(6) An attorney practicing in areas of food and agricultural
22law.
23(7) An employee of a government entity who specializes in
24nutrition programs.
253. The secretary may invite interested organizations to
26submit nominations of candidates eligible to be appointed to
27the council. A designee of the secretary or a member appointed
28by the secretary serves at the pleasure of the secretary.
29 Sec. 29. Section 267A.6, Code 2022, is amended to read as
30follows:
31267A.6 Local food and farm program.
321. The local food and farm program coordinator, with advice
33from the local food and farm program council, shall develop and
34administer a local food and farm program necessary to carry out
35the purpose and goals of this chapter as provided in section
-17-1267A.1, including but not limited to by improving any of the
2following:.
31. 2. In administering the program, the coordinator may
4sponsor and fund projects that do any of the following:
5a. Communication Improve communication and cooperation
6between and among farmers, food entrepreneurs, and consumers.
72. b. Coordination Improve communication between and
8among government agencies, public universities and community
9colleges, organizations, and private-sector firms working on
10local food and farm-related issues.
11c. Demonstrate the value of processing, distributing, and
12marketing local foods. A demonstration project must be capable
13of being replicated on a statewide basis.
da/ns/md
2and enforced by the department of agriculture and land
3stewardship, providing fees, providing penalties, and making
4penalties applicable.
5BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1DIVISION I
2choose iowa promotional program
3 Section 1. Section 159.20, Code 2022, is amended by adding
4the following new subsection:
5 NEW SUBSECTION. 1A. The department shall establish and
6administer a choose Iowa promotional program as provided in
7part 2 of this subchapter, in order to provide consumers
8a choice in purchasing food items that originate as an
9agricultural commodity produced on Iowa farms.
10 Sec. 2. NEW SECTION. 159.26 Definitions.
11As used in this part:
121. “Food item” means any of the following:
13a. A perishable item derived from an agricultural commodity,
14or processed from an agricultural commodity, that is fit for
15human consumption.
16b. Honey produced from bees in a managed beehive.
172. “Iowa farm” means land in this state used to produce an
18agricultural commodity.
193. “Process” means to prepare a food item in a manner that
20allows it to be fit for human consumption.
214. “Program” means the choose Iowa promotional program
22established in section 159.29.
23 Sec. 3. NEW SECTION. 159.28 Administration.
24The department shall administer the provisions of this part,
25including by adopting rules pursuant to chapter 17A as it
26determines are necessary or desirable.
27 Sec. 4. NEW SECTION. 159.29 Choose Iowa promotional
28program.
291. The department shall establish and administer a choose
30Iowa promotional program to advertise for sale on a retail
31basis a food item that originates as an agricultural commodity
32produced on an Iowa farm, and that may include any of the
33following:
34a. An agricultural commodity, except that it may be prepared
35for sale by washing or packaging in this state.
-1- 1b. A product, if it is processed in this state and any of
2its ingredients originate as an agricultural commodity produced
3on an Iowa farm.
42. a. The department may adopt rules further defining
5an Iowa farm and describing how an agricultural commodity
6originates on an Iowa farm.
7b. The department may adopt rules providing for the
8acceptable use of ingredients originating from agricultural
9commodities not produced on Iowa farms. In adopting the
10rules, the department may consider whether the ingredient is
11an incidental additive or other component that the department
12determines is insignificant.
13 Sec. 5. NEW SECTION. 159.30 Choose Iowa logo.
141. As part of the program, the department may establish
15a choose Iowa logo to identify a food item originating as an
16agricultural commodity produced on an Iowa farm.
172. The department may register the choose Iowa logo as a
18mark with the secretary of state under chapter 548. If allowed
19under federal law, the department may also register the logo as
20a trademark with the United States patent and trademark office
21or as a copyright with the United States copyright office.
223. This section does not require the department to
23incorporate the name “choose Iowa” as part of a mark,
24trademark, or copyright, if such name is already protected by
25state or federal law.
264. If the department registers a mark with the secretary
27of state, registers a trademark with the United States patent
28and trademark office, or registers a copyright with the United
29States copyright office under this section, the state of
30Iowa shall be named as the owner of the mark, trademark, or
31copyright.
325. The use of a choose Iowa logo does not do any of the
33following:
34a. Provide an express or implied guarantee or warranty
35concerning the safety, fitness, merchantability, or use of a
-2-1food item.
2b. Supersede, revise, or replace a state or federal labeling
3requirement, including but not limited to a provision in the
4federal Fair Packaging and Labeling Act, 15 U.S.C.§1451 et
5seq.
6c. Indicate the grade, specification, standard, or value of
7any food item.
8 Sec. 6. NEW SECTION. 159.31 Choose Iowa licensing agreement
9— fees.
101. A person may apply to the department to participate in
11the choose Iowa promotional program according to procedures
12established by rules adopted by the department. The department
13shall evaluate and approve or disapprove applications based
14on criteria established by rules adopted by the department.
15The department may disapprove an application if the department
16determines the applicant’s use of the choose Iowa logo would be
17associated with the consumption of an adulterated or illegal
18food item.
192. The department may enter into a licensing agreement
20with a person participating in the program. The participating
21person may use the choose Iowa logo to advertise a food item
22originating as an agricultural commodity produced on an Iowa
23farm, subject to terms and conditions required by rules adopted
24by the department. A licensing agreement shall not be for more
25than one year.
263. The department shall establish application and license
27fees by rules adopted by the department.
28 Sec. 7. NEW SECTION. 159.31A Choose Iowa fund.
291. A choose Iowa fund is established in the state treasury
30under the management and control of the department.
312. The fund shall include moneys collected as fees by the
32department as provided in section 159.31, moneys appropriated
33by the general assembly, and other moneys available to and
34obtained or accepted by the department, including moneys from
35public or private sources.
-3- 13. Moneys in the fund are appropriated to the department
2and shall be used exclusively to carry out the provisions of
3this part as determined and directed by the department, and
4shall not require further special authorization by the general
5assembly.
64. a. Notwithstanding section 12C.7, interest or earnings
7on moneys in the fund shall be credited to the fund.
8b. Notwithstanding section 8.33, moneys in the fund that
9remain unencumbered or unobligated at the end of a fiscal year
10shall not revert.
11 Sec. 8. DIRECTIONS TO CODE EDITOR — TRANSFER.
121. The Code editor is directed to make the following
13transfer:
14Section 159.27 to section 159.25.
152. The Code editor shall correct internal references in the
16Code and in any enacted legislation as necessary due to the
17enactment of this section.
18 Sec. 9. DIRECTIONS TO CODE EDITOR — PARTS. The Code editor
19is directed to divide the provisions in chapter 159, subchapter
20II, as amended, enacted, or transferred in this division of
21this Act, into parts as follows:
221. Part 1, including sections 159.20 through 159.25.
232. Part 2, including sections 159.26 through 159.31A.
24DIVISION II
25regulation of pesticides
26 Sec. 10. Section 206.12, subsection 3, Code 2022, is amended
27to read as follows:
283. The registrant, before selling or offering for sale any
29pesticide for use in this state, shall register each brand and
30grade of such pesticide with the secretary upon forms furnished
31by the secretary, and the secretary shall set the registration
32fee annually at one-fifth of one percent of gross sales within
33this state with a minimum fee of two hundred fifty dollars and
34a maximum fee of three thousand hundred dollars for each and
35every brand and grade to be offered for sale in this state
-4-1except as otherwise provided. The annual registration fee for
2products with gross annual sales in this state of less than
3one million five hundred thousand dollars shall be the greater
4of two hundred fifty dollars or one-fifth of one percent of
5the gross annual sales as established by affidavit of the
6registrant. The secretary shall adopt by rule exemptions to
7the minimum fee. Fifty dollars of each fee collected shall be
8deposited in the general fund of the state, shall be subject
9to the requirements of section 8.60, and shall be used only
10for the purpose of enforcing the provisions of this chapter
11and the remainder of each fee collected shall be placed in the
12agriculture management account of the groundwater protection
13fund.
14 Sec. 11. Section 206.19, subsection 5, paragraph b, Code
152022, is amended to read as follows:
16b. The amount of the civil penalty that may be assessed
17for each violation committed by a commercial applicator or
18private applicator shall not exceed five hundred dollars for
19each offense.
20DIVISION III
21regulation of motor fuels
22 Sec. 12. Section 214A.1, subsections 2, 5, and 13, Code
232022, are amended to read as follows:
242. “A.S.T.M. ASTM international” means the American society
25for testing and materials international.
265. “Biodiesel” means a renewable fuel comprised of
27mono-alkyl esters of long-chain fatty acids derived from
28vegetable oils or animal fats, which is manufactured by the
29use of a transesterification reaction, and which meets the
30standards provided in section 214A.2.
3113. “E-85 gasoline” or “E-85” means ethanol blended gasoline
32formulated with a percentage of between seventy sixty-eight
33 and eighty-five eighty-three percent by volume of ethanol, if
34the formulation excludes a denaturant, and which meets the
35standards provided in section 214A.2.
-5-1 Sec. 13. NEW SECTION. 214A.1A Administration and
2enforcement.
3This chapter shall be administered and enforced by the
4department which may adopt rules under chapter 17A to carry out
5the provisions of this chapter.
6 Sec. 14. Section 214A.2, Code 2022, is amended to read as
7follows:
8214A.2 Tests and standards Standards and classifications.
91. a. The department shall adopt rules pursuant to chapter
1017A for carrying out this chapter. The rules may include but
11are not limited to specifications establishing departmental
12standards relating to motor fuel, including but not limited to
13renewable fuel such as ethanol blended gasoline, biobutanol
14blended gasoline, biodiesel, biodiesel blended fuel, fuels and
15motor fuel components such as an oxygenate.
16b. In the interest of uniformity, the department shall
17adopt by reference other in part or in whole, as some of its
18departmental standards described in paragraph “a”, applicable
19 specifications relating to tests and standards for motor fuel,
20including renewable fuel and motor fuel components, adopted by
21ASTM international and applicable requirements established by
22the United States environmental protection agency and A.S.T.M.
23international.
242. Octane number shall conform to the average of values
25obtained from the A.S.T.M. ASTM international D2699 research
26method and the A.S.T.M. ASTM international D2700 motor method.
27a. Octane number for regular grade unleaded gasoline shall
28follow the specifications of A.S.T.M. ASTM international but
29shall not be less than eighty-seven.
30b. Octane number for premium grade unleaded gasoline shall
31follow the specifications of A.S.T.M. ASTM international but
32shall not be less than ninety ninety-one.
333. a. For motor fuel advertised for sale or sold as
34gasoline by a dealer, the motor fuel must meet requirements
35for that type of motor fuel and its additives established by
-6-1the United States environmental protection agency including as
2provided under 42 U.S.C. §7545.
3b. If the motor fuel is advertised for sale or sold as
4ethanol blended gasoline, the motor fuel must comply with meet
5 departmental standards which shall meet all of the following
6requirements including as follows:
7(1) Ethanol must be an agriculturally derived ethyl alcohol
8that meets A.S.T.M. departmental standards based in part or in
9whole on ASTM international specification D4806 for denatured
10fuel ethanol for blending with gasoline for use as automotive
11spark-ignition engine fuel, or a successor A.S.T.M. ASTM
12 international specification, as established by rules adopted
13by the department rule.
14(2) Gasoline blended with ethanol must meet requirements
15established by rules adopted departmental standards based
16 in part or in whole based on A.S.T.M. ASTM international
17specification D4814, or a successor ASTM international
18specification, established by rule.
19(3) (a) For ethanol blended gasoline, at least nine
20percent by volume must be fuel grade ethanol. In addition, the
21following applies:
22(a) (b) For the period beginning on September 16 and
23ending on May 31 of each year, the state grants a waiver of
24one pound per square inch from the A.S.T.M. ASTM international
25D4814 specification for Reid vapor pressure requirement, or
26a successor ASTM international specification, established by
27rule.
28(b) For the period beginning on June 1 and ending on
29September 15 of each year the United States environmental
30protection agency must grant a one pound per square inch waiver
31for ethanol blended conventional gasoline with at least nine
32but not more than ten percent by volume of ethanol pursuant to
3340 C.F.R. §80.27.
34(4) For standard ethanol blended gasoline, it must be
35ethanol blended gasoline classified as any of the following:
-7- 1(a) From E-9 up to but not higher than E-15, if the ethanol
2blended gasoline meets the departmental standards for that
3classification as otherwise provided in this paragraph “b”.
4(b) Higher than E-15 but not E-85 gasoline, if the
5classification is authorized by the department pursuant to
6approval for the use of that classification of ethanol blended
7gasoline in this state by the United States environmental
8protection agency, by granting a waiver or the adoption of
9regulations.
10(5) E-85 gasoline must be an agriculturally derived ethyl
11alcohol that meets A.S.T.M. departmental standards based in
12part or in whole on ASTM international specification D5798,
13described as a fuel blend for use in ground vehicles with
14automotive spark-ignition engines, or a successor A.S.T.M. ASTM
15 international specification, as established by rules adopted
16by the department rule.
17c. If the motor fuel is advertised for sale or sold as
18biobutanol blended gasoline, the motor fuel must comply
19with meet departmental standards which shall meet all of the
20following requirements as follows:
21(1) Biobutanol must be an agriculturally derived isobutyl
22or n-butyl alcohol that meets A.S.T.M. ASTMinternational
23specification D7862 for butanol for blending with gasoline for
24use as automotive spark-ignition engine fuel, or a successor
25A.S.T.M. ASTMinternational specification, as established by
26rules adopted by the department rule.
27(2) Gasoline blended with biobutanol must meet requirements
28established by rules adopted departmental standards based
29 in part or in whole based on A.S.T.M. ASTMinternational
30specification D4814, or a successor ASTM international
31specification, established by rule.
324. a. For motor fuel advertised for sale or sold as diesel
33fuel by a dealer, the motor fuel must meet requirements for
34that type of motor fuel and its additives established by the
35United States environmental protection agency including as
-8-1provided under 42 U.S.C. §7545.
2b. If the motor fuel is advertised for sale or sold as
3biodiesel or biodiesel blended fuel, the motor fuel must comply
4with meet departmental standards which shall comply with based
5in part or in whole on specifications adopted by A.S.T.M. ASTM
6 international for biodiesel or biodiesel blended fuel, to
7every extent applicable, as determined by rules adopted by the
8department. the department, subject to the following:
9(1) Biodiesel must conform to A.S.T.M. meet departmental
10standards based in whole or in part on ASTM international
11specification D6751, or a successor A.S.T.M. ASTM international
12specification, as established by rules adopted by the
13department rule. The specification shall apply to biodiesel
14before it leaves its place of manufacture.
15(2) At least one five percent of biodiesel blended fuel by
16volume must be biodiesel.
17(3) The biodiesel may be blended with diesel fuel whose
18sulfur, aromatic, lubricity, and cetane levels do not comply
19with A.S.T.M. ASTM international specification D975 grades
201-D or 2-D, low sulfur 1-D or 2-D, or ultra-low sulfur grades
211-D or 2-D, provided that the finished biodiesel blended fuel
22meets A.S.T.M. international specification D975 or a successor
23A.S.T.M. international specification as established by rules
24adopted by the department departmental standards as required in
25subparagraph (1).
26(4) Biodiesel blended fuel classified as B-6 or higher
27but not higher than B-20 must conform to A.S.T.M. meet
28departmental standards based in whole or in part on ASTM
29 international specification D7467, or a successor A.S.T.M. ASTM
30 international specification, as established by rules adopted
31by the department rule.
325. Motor fuel shall be classified as follows:
33a. (1) Ethanol shall be classified as E-100.
34(2) Ethanol blended gasoline formulated with a percentage
35of between sixty-eight and eighty-three percent by volume of
-9-1ethanol shall be classified as E-85.
2(3) Ethanol blended gasoline, other than ethanol blended
3gasoline classified as E-85, shall be designated classified as
4 E-xx where “xx” is the volume percent of ethanol in the ethanol
5blended gasoline.
6b. (1) Biobutanol shall be classified as Bu-100.
7(2) Biobutanol blended gasoline shall be designated
8 classified as Bu-xx where “xx” is the volume percent of
9biobutanol in the biobutanol blended gasoline.
10c. (1) Biodiesel shall be classified as B-100.
11(2) Biodiesel blendedfuel shall be designated classified
12as B-xx where “xx” is the volume percent of biodiesel.
136. Motor fuel shall not contain more than trace amounts of
14MTBE, as provided in section 214A.18.
15 Sec. 15. Section 214A.2A, subsection 1, Code 2022, is
16amended to read as follows:
171. Fuel which is sold or is kept, offered, or exposed for
18sale as kerosene shall be labeled as kerosene. The label shall
19include the word “kerosene” or the designation “K1 kerosene”,
20and shall indicate that the kerosene is in compliance with the
21standard specification adopted by A.S.T.M. ASTM international
22specification D3699 (1982), or a successor ASTM international
23specification, established by rules adopted by the department.
24 Sec. 16. Section 214A.2B, Code 2022, is amended to read as
25follows:
26214A.2B Laboratory for motor fuel and biofuels.
27A laboratory for motor fuel and biofuels is established at
28a community college which is engaged in biofuels testing on
29July 1, 2007, and which testing includes but is not limited to
30B-20 biodiesel fuel testing for motor trucks and the ability of
31biofuels to meet A.S.T.M. ASTM international standards. The
32laboratory shall conduct testing of motor fuel sold in this
33state and biofuel which is blended in motor fuel in this state
34to ensure that the motor fuel or biofuels meet the requirements
35in section 214A.2.
-10-1 Sec. 17. Section 214A.3, Code 2022, is amended to read as
2follows:
3214A.3 Advertising.
41. For all motor fuel, a A person shall not knowingly do any
5of the following:
6a. 1. Advertise the for sale of any motor fuel which that
7 does not meet the standards provided in section 214A.2.
8b. 2. Falsely advertise for sale the quality, type, or kind
9of any motor fuel or a component of motor fuel.
10c. 3. Add a coloring matter to the motor fuel which
11misleads a person who is purchasing the motor fuel about the
12quality of the motor fuel.
134. Falsely advertise for sale the classification of a motor
14fuel as provided in section 214A.2.
152. For a renewable fuel, all of the following apply:
16a. A person shall not knowingly falsely advertise that a
17motor fuel is a renewable fuel or is not a renewable fuel.
18b. (1) Ethanol blended gasoline sold by a dealer shall
19be designated according to its classification as provided in
20section 214A.2. However, a person advertising E-9 or E-10
21gasoline may only designate it as ethanol blended gasoline. A
22person advertising ethanol blended gasoline formulated with a
23percentage of between seventy and eighty-five percent by volume
24of ethanol shall designate it as E-85. A person shall not
25knowingly falsely advertise ethanol blended gasoline by using
26an inaccurate designation in violation of this subparagraph.
27(2) A person shall not knowingly falsely advertise
28biobutanol blended gasoline by using an inaccurate designation
29as provided in section 214A.2.
30(3) A person shall not knowingly falsely advertise
31biodiesel fuel by using an inaccurate designation as provided
32in section 214A.2.
33 Sec. 18. Section 214A.5, subsection 2, Code 2022, is amended
34to read as follows:
352. A wholesale dealer selling ethanol blended gasoline,
-11-1biobutanol blended gasoline, or biodiesel blended fuel to
2a purchaser shall provide the purchaser with a statement
3indicating its designation classification as provided in
4section 214A.2. The statement may be on the sales slip
5provided in this section or a similar document, including but
6not limited to a bill of lading or invoice.
7 Sec. 19. Section 214A.16, Code 2022, is amended to read as
8follows:
9214A.16 Notice of renewable fuel — decal.
101. a. If ethanol blended gasoline is sold from a motor
11fuel pump, the motor fuel pump shall have affixed a decal
12identifying the ethanol blended gasoline.
13b. If the motor fuel pump dispenses ethanol blended gasoline
14classified as E-11 to E-15 for use in gasoline-powered vehicles
15not required to be flexible fuel vehicles, the motor fuel pump
16shall have affixed a decal as prescribed by the United States
17environmental protection agency.
18c. 1. a. If the motor fuel pump dispenses ethanol blended
19gasoline classified as higher than standard ethanol blended
20gasoline pursuant to section 214A.2 is advertised for sale or
21sold at a retail motor fuel site, the motor fuel dispenser
22dispensing the ethanol blended gasoline shall be affixed with a
23 decal shall contain language stating that the classification
24of the ethanol blended gasoline is for use in flexible fuel
25vehicles.
26d. b. If biobutanol blended gasoline is advertised for sale
27or sold from at a retail motor fuel site, the motor fuel pump,
28the motor fuel pump dispenser dispensing the biobutanol blended
29gasoline shall have be affixed with a decal identifying the
30classification of biobutanol blended gasoline.
31e. If biodiesel fuel is sold from a motor fuel pump, the
32motor fuel pump shall have affixed a decal identifying the
33biodiesel fuel as provided in 16 C.F.R. pt.306.
342. The design and location of the decal shall be prescribed
35by rules adopted by the department. A decal identifying a
-12-1renewable fuel shall be consistent with standards adopted
2pursuant to section 159A.6. The department may approve an
3application to place a decal in a special location on a pump
4 dispenser or container or use a decal with special lettering
5or colors, if the decal appears clear and conspicuous to the
6consumer. The application shall be made in writing pursuant to
7procedures adopted by the department.
8 Sec. 20. Section 452A.12, subsection 2, Code 2022, is
9amended to read as follows:
102. A person while transporting motor fuel or undyed special
11fuel from a refinery or marine or pipeline terminal in this
12state or from a point outside this state over the highways
13of this state in service other than that under subsection
141 shall carry in the vehicle a loading invoice showing the
15name and address of the seller or consignor, the date and
16place of loading, and the kind and quantity of motor fuel or
17special fuel loaded, together with invoices showing the kind
18and quantity of each delivery and the name and address of each
19purchaser or consignee. An invoice carried pursuant to this
20subsection for ethanol blended gasoline or biodiesel blended
21fuel shall state its designation classification as provided in
22section 214A.2.
23 Sec. 21. Section 455G.31, subsection 1, paragraph b, Code
242022, is amended to read as follows:
25b. Ethanol blended gasoline shall be designated classified
26 in the same manner as provided in section 214A.2.
27DIVISION IV
28IOWA SHEEP AND WOOL PROMOTION BOARD
29 Sec. 22. Section 182.5, Code 2022, is amended to read as
30follows:
31182.5 Composition of board.
32The Iowa sheep and wool promotion board established
33under this chapter pursuant to section 182.4 shall be
34composed of nine producers, one from each district. The
35dean of the college of agriculture and life sciences of Iowa
-13-1state university of science and technology or the dean’s
2representative and the secretary or the secretary’s designee
3shall serve as ex officio nonvoting members of the board. The
4board shall annually elect a chairperson from its membership.
5 Sec. 23. Section 182.7, Code 2022, is amended to read as
6follows:
7182.7 Notice of election for directors membership positions.
81. Notice of the initial election for directors of
9 membership positions on the board shall be given by the
10secretary by publication in a newspaper of general circulation
11in the state at least five days prior to the date of the
12election and in any other reasonable manner as determined
13by the secretary. The notice shall set forth the period of
14time for voting, voting places, and other information as the
15secretary deems necessary.
162. Notice of a subsequent elections election for the a
17 membership position for a district on the board shall be
18given by the board by publication in a newspaper of general
19circulation in the district state and in any other reasonable
20manner as determined established by the board and. The notice
21 shall set forth the period of time for voting, voting places,
22and other information as the board deems necessary.
23 Sec. 24. Section 182.8, Code 2022, is amended to read as
24follows:
25182.8 Terms.
26The term of office for members of the board shall be
27three years and no member shall serve more than two complete
28consecutive terms. The producers members on the initial board
29shall determine their terms by lot, so that three producers
30 members shall serve a one-year term, three producers members
31 shall serve a two-year term, and three producers members shall
32serve a three-year term. A member elected to the initial board
33shall not serve more than two complete consecutive terms. A
34member subsequently elected to the board shall not serve more
35than a certain number of consecutive terms if, and as may be,
-14-1established by the board.
2 Sec. 25. Section 182.9, Code 2022, is amended to read as
3follows:
4182.9 Subsequent membership — nominations — election.
5After the appointment of the initial board, the board shall
6administer subsequent elections for members of the board with
7the assistance of the secretary. Before the expiration of a
8member’s term of office, the board shall appoint a nominating
9committee for the district represented by the member. The
10nominating committee shall consist of five producers who
11are residents of the district from which a member must be
12elected. The nominating committee shall nominate two resident
13 any number of producers as candidates for the membership
14position for which an election is to be held. The board shall
15nominate candidates based on criteria established by the board.
16 Additional candidates may be nominated by a written petition
17of signed by twenty-five resident producers. The board shall
18provide by rule and shall publish procedures governing the time
19and place of filing the nominations The petition shall be in a
20form and delivered to the board as required by the board.
21 Sec. 26. Section 182.10, Code 2022, is amended to read as
22follows:
23182.10 Vacancies.
24The board shall by appointment fill an unexpired term if
25a vacancy occurs on the board. The board shall select an
26 appointee shall be a resident producer in the district having a
27vacancy based on the criteria established by the board.
28DIVISION V
29LOCAL FOOD AND FARM PROGRAM
30 Sec. 27. Section 267A.2, Code 2022, is amended by adding the
31following new subsection:
32 NEW SUBSECTION. 5. “Secretary” means the secretary of
33agriculture.
34 Sec. 28. Section 267A.3, subsections 2 and 3, Code 2022,
35are amended by striking the subsections and inserting in lieu
-15-1thereof the following:
22. The council shall be composed of the following voting
3members:
4a. The secretary or the secretary’s designee.
5b. The following persons appointed by the secretary:
6(1) Four farmers each of whom shall produce an agricultural
7commodity in this state used to prepare or process a local
8food. A farmer must be actively engaged in the production of
9an agricultural commodity that is prepared or processed into
10the local food. The secretary must appoint farmers actively
11engaged in producing each of the following:
12(a) Livestock used to produce meat products.
13(b) Poultry used to produce poultry products.
14(c) Dairy animals used to produce milk and dairy products.
15(d) Fruit or vegetables to be washed or to be produced, cut,
16canned, or otherwise processed into products.
17(2) Two managers of firms each of whom shall represent
18different types of processors of agricultural commodities doing
19business in this state. A manager shall be actively engaged
20in the purchase of agricultural commodities from farmers, the
21preparation or processing of those commodities into local food,
22and the resale of the local food to distributors on a wholesale
23basis in this state. The secretary must appoint managers
24actively engaged in the sale of the following:
25(a) Meat products, poultry products, or milk or dairy
26products.
27(b) Fruits or vegetables, fruit products, or vegetable
28products.
29(3) One manager of a wholesale distributor of local
30food doing business in this state. The manager must be
31actively engaged in the purchase of local food prepared or
32processed from agricultural commodities by processors, and
33in the marketing of local food on a wholesale basis to food
34establishments in this state.
35(4) Three managers of food establishments doing business
-16-1in this state. Each manager must be actively engaged in the
2purchase of local food prepared or processed from agricultural
3commodities produced in this state, the purchase of the
4local food from wholesale distributors, and the marketing or
5distribution of the local food to consumers in this state.
6The secretary must appoint managers actively engaged in the
7operation of the following:
8(a) A grocery store.
9(b) A food service provider distributing food to any of the
10following:
11(i) Students attending a public or private school from
12kindergarten through grade twelve.
13(ii) Children attending a center for early education.
14(c) A food service provider distributing local food to an
15institution not attended by children.
16(5) Two heads of local or regional community food
17organizations doing business in this state. Each head must be
18actively engaged in promoting the well-being of Iowans through
19the distribution of local food prepared or processed from
20agricultural commodities produced in this state.
21(6) An attorney practicing in areas of food and agricultural
22law.
23(7) An employee of a government entity who specializes in
24nutrition programs.
253. The secretary may invite interested organizations to
26submit nominations of candidates eligible to be appointed to
27the council. A designee of the secretary or a member appointed
28by the secretary serves at the pleasure of the secretary.
29 Sec. 29. Section 267A.6, Code 2022, is amended to read as
30follows:
31267A.6 Local food and farm program.
321. The local food and farm program coordinator, with advice
33from the local food and farm program council, shall develop and
34administer a local food and farm program necessary to carry out
35the purpose and goals of this chapter as provided in section
-17-1267A.1, including but not limited to by improving any of the
2following:.
31. 2. In administering the program, the coordinator may
4sponsor and fund projects that do any of the following:
5a. Communication Improve communication and cooperation
6between and among farmers, food entrepreneurs, and consumers.
72. b. Coordination Improve communication between and
8among government agencies, public universities and community
9colleges, organizations, and private-sector firms working on
10local food and farm-related issues.
11c. Demonstrate the value of processing, distributing, and
12marketing local foods. A demonstration project must be capable
13of being replicated on a statewide basis.
da/ns/md