Bill Text: IA HF2439 | 2021-2022 | 89th General Assembly | Introduced
Bill Title: A bill for an act providing for programs and regulations administered and enforced by the department of agriculture and land stewardship, providing fees, providing penalties, and making penalties applicable.(Formerly HSB 673; See HF 2572, HF 2581.)
Spectrum: Committee Bill
Status: (Introduced - Dead) 2022-04-05 - Withdrawn. H.J. 811. [HF2439 Detail]
Download: Iowa-2021-HF2439-Introduced.html
House
File
2439
-
Introduced
HOUSE
FILE
2439
BY
COMMITTEE
ON
AGRICULTURE
(SUCCESSOR
TO
HSB
673)
A
BILL
FOR
An
Act
providing
for
programs
and
regulations
administered
1
and
enforced
by
the
department
of
agriculture
and
land
2
stewardship,
providing
fees,
providing
penalties,
and
making
3
penalties
applicable.
4
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
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DIVISION
I
1
CHOOSE
IOWA
PROMOTIONAL
PROGRAM
2
Section
1.
Section
159.20,
Code
2022,
is
amended
by
adding
3
the
following
new
subsection:
4
NEW
SUBSECTION
.
1A.
The
department
shall
establish
and
5
administer
a
choose
Iowa
promotional
program
as
provided
in
6
part
2
of
this
subchapter,
in
order
to
provide
consumers
7
a
choice
in
purchasing
food
items
that
originate
as
an
8
agricultural
commodity
produced
on
Iowa
farms.
9
Sec.
2.
NEW
SECTION
.
159.26
Definitions.
10
As
used
in
this
part:
11
1.
“Food
item”
means
any
of
the
following:
12
a.
A
perishable
item
derived
from
an
agricultural
commodity,
13
or
processed
from
an
agricultural
commodity,
that
is
fit
for
14
human
consumption.
15
b.
Honey
produced
from
bees
in
a
managed
beehive.
16
2.
“Iowa
farm”
means
land
in
this
state
used
to
produce
an
17
agricultural
commodity.
18
3.
“Process”
means
to
prepare
a
food
item
in
a
manner
that
19
allows
it
to
be
fit
for
human
consumption.
20
4.
“Program”
means
the
choose
Iowa
promotional
program
21
established
in
section
159.29.
22
Sec.
3.
NEW
SECTION
.
159.28
Administration.
23
The
department
shall
administer
the
provisions
of
this
part,
24
including
by
adopting
rules
pursuant
to
chapter
17A
as
it
25
determines
are
necessary
or
desirable.
26
Sec.
4.
NEW
SECTION
.
159.29
Choose
Iowa
promotional
27
program.
28
1.
The
department
shall
establish
and
administer
a
choose
29
Iowa
promotional
program
to
advertise
for
sale
on
a
retail
30
basis
a
food
item
that
originates
as
an
agricultural
commodity
31
produced
on
an
Iowa
farm,
and
that
may
include
any
of
the
32
following:
33
a.
An
agricultural
commodity,
except
that
it
may
be
prepared
34
for
sale
by
washing
or
packaging
in
this
state.
35
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b.
A
product,
if
it
is
processed
in
this
state
and
any
of
1
its
ingredients
originate
as
an
agricultural
commodity
produced
2
on
an
Iowa
farm.
3
2.
a.
The
department
may
adopt
rules
further
defining
4
an
Iowa
farm
and
describing
how
an
agricultural
commodity
5
originates
on
an
Iowa
farm.
6
b.
The
department
may
adopt
rules
providing
for
the
7
acceptable
use
of
ingredients
originating
from
agricultural
8
commodities
not
produced
on
Iowa
farms.
In
adopting
the
9
rules,
the
department
may
consider
whether
the
ingredient
is
10
an
incidental
additive
or
other
component
that
the
department
11
determines
is
insignificant.
12
Sec.
5.
NEW
SECTION
.
159.30
Choose
Iowa
logo.
13
1.
As
part
of
the
program,
the
department
may
establish
14
a
choose
Iowa
logo
to
identify
a
food
item
originating
as
an
15
agricultural
commodity
produced
on
an
Iowa
farm.
16
2.
The
department
may
register
the
choose
Iowa
logo
as
a
17
mark
with
the
secretary
of
state
under
chapter
548.
If
allowed
18
under
federal
law,
the
department
may
also
register
the
logo
as
19
a
trademark
with
the
United
States
patent
and
trademark
office
20
or
as
a
copyright
with
the
United
States
copyright
office.
21
3.
This
section
does
not
require
the
department
to
22
incorporate
the
name
“choose
Iowa”
as
part
of
a
mark,
23
trademark,
or
copyright,
if
such
name
is
already
protected
by
24
state
or
federal
law.
25
4.
If
the
department
registers
a
mark
with
the
secretary
26
of
state,
registers
a
trademark
with
the
United
States
patent
27
and
trademark
office,
or
registers
a
copyright
with
the
United
28
States
copyright
office
under
this
section,
the
state
of
29
Iowa
shall
be
named
as
the
owner
of
the
mark,
trademark,
or
30
copyright.
31
5.
The
use
of
a
choose
Iowa
logo
does
not
do
any
of
the
32
following:
33
a.
Provide
an
express
or
implied
guarantee
or
warranty
34
concerning
the
safety,
fitness,
merchantability,
or
use
of
a
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food
item.
1
b.
Supersede,
revise,
or
replace
a
state
or
federal
labeling
2
requirement,
including
but
not
limited
to
a
provision
in
the
3
federal
Fair
Packaging
and
Labeling
Act,
15
U.S.C.
§1451
et
4
seq.
5
c.
Indicate
the
grade,
specification,
standard,
or
value
of
6
any
food
item.
7
Sec.
6.
NEW
SECTION
.
159.31
Choose
Iowa
licensing
agreement
8
——
fees.
9
1.
A
person
may
apply
to
the
department
to
participate
in
10
the
choose
Iowa
promotional
program
according
to
procedures
11
established
by
rules
adopted
by
the
department.
The
department
12
shall
evaluate
and
approve
or
disapprove
applications
based
13
on
criteria
established
by
rules
adopted
by
the
department.
14
The
department
may
disapprove
an
application
if
the
department
15
determines
the
applicant’s
use
of
the
choose
Iowa
logo
would
be
16
associated
with
the
consumption
of
an
adulterated
or
illegal
17
food
item.
18
2.
The
department
may
enter
into
a
licensing
agreement
19
with
a
person
participating
in
the
program.
The
participating
20
person
may
use
the
choose
Iowa
logo
to
advertise
a
food
item
21
originating
as
an
agricultural
commodity
produced
on
an
Iowa
22
farm,
subject
to
terms
and
conditions
required
by
rules
adopted
23
by
the
department.
A
licensing
agreement
shall
not
be
for
more
24
than
one
year.
25
3.
The
department
shall
establish
application
and
license
26
fees
by
rules
adopted
by
the
department.
27
Sec.
7.
NEW
SECTION
.
159.31A
Choose
Iowa
fund.
28
1.
A
choose
Iowa
fund
is
established
in
the
state
treasury
29
under
the
management
and
control
of
the
department.
30
2.
The
fund
shall
include
moneys
collected
as
fees
by
the
31
department
as
provided
in
section
159.31,
moneys
appropriated
32
by
the
general
assembly,
and
other
moneys
available
to
and
33
obtained
or
accepted
by
the
department,
including
moneys
from
34
public
or
private
sources.
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3.
Moneys
in
the
fund
are
appropriated
to
the
department
1
and
shall
be
used
exclusively
to
carry
out
the
provisions
of
2
this
part
as
determined
and
directed
by
the
department,
and
3
shall
not
require
further
special
authorization
by
the
general
4
assembly.
5
4.
a.
Notwithstanding
section
12C.7,
interest
or
earnings
6
on
moneys
in
the
fund
shall
be
credited
to
the
fund.
7
b.
Notwithstanding
section
8.33,
moneys
in
the
fund
that
8
remain
unencumbered
or
unobligated
at
the
end
of
a
fiscal
year
9
shall
not
revert.
10
Sec.
8.
DIRECTIONS
TO
CODE
EDITOR
——
TRANSFER.
11
1.
The
Code
editor
is
directed
to
make
the
following
12
transfer:
13
Section
159.27
to
section
159.25.
14
2.
The
Code
editor
shall
correct
internal
references
in
the
15
Code
and
in
any
enacted
legislation
as
necessary
due
to
the
16
enactment
of
this
section.
17
Sec.
9.
DIRECTIONS
TO
CODE
EDITOR
——
PARTS.
The
Code
editor
18
is
directed
to
divide
the
provisions
in
chapter
159,
subchapter
19
II,
as
amended,
enacted,
or
transferred
in
this
division
of
20
this
Act,
into
parts
as
follows:
21
1.
Part
1,
including
sections
159.20
through
159.25.
22
2.
Part
2,
including
sections
159.26
through
159.31A.
23
DIVISION
II
24
REGULATION
OF
PESTICIDES
25
Sec.
10.
Section
206.12,
subsection
3,
Code
2022,
is
amended
26
to
read
as
follows:
27
3.
The
registrant,
before
selling
or
offering
for
sale
any
28
pesticide
for
use
in
this
state,
shall
register
each
brand
and
29
grade
of
such
pesticide
with
the
secretary
upon
forms
furnished
30
by
the
secretary,
and
the
secretary
shall
set
the
registration
31
fee
annually
at
one-fifth
of
one
percent
of
gross
sales
within
32
this
state
with
a
minimum
fee
of
two
hundred
fifty
dollars
and
33
a
maximum
fee
of
three
thousand
hundred
dollars
for
each
and
34
every
brand
and
grade
to
be
offered
for
sale
in
this
state
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except
as
otherwise
provided
.
The
annual
registration
fee
for
1
products
with
gross
annual
sales
in
this
state
of
less
than
2
one
million
five
hundred
thousand
dollars
shall
be
the
greater
3
of
two
hundred
fifty
dollars
or
one-fifth
of
one
percent
of
4
the
gross
annual
sales
as
established
by
affidavit
of
the
5
registrant.
The
secretary
shall
adopt
by
rule
exemptions
to
6
the
minimum
fee.
Fifty
dollars
of
each
fee
collected
shall
be
7
deposited
in
the
general
fund
of
the
state,
shall
be
subject
8
to
the
requirements
of
section
8.60
,
and
shall
be
used
only
9
for
the
purpose
of
enforcing
the
provisions
of
this
chapter
10
and
the
remainder
of
each
fee
collected
shall
be
placed
in
the
11
agriculture
management
account
of
the
groundwater
protection
12
fund.
13
Sec.
11.
Section
206.19,
subsection
5,
paragraph
b,
Code
14
2022,
is
amended
to
read
as
follows:
15
b.
The
amount
of
the
civil
penalty
that
may
be
assessed
16
for
each
violation
committed
by
a
commercial
applicator
or
17
private
applicator
shall
not
exceed
five
hundred
dollars
for
18
each
offense
.
19
DIVISION
III
20
REGULATION
OF
MOTOR
FUELS
21
Sec.
12.
Section
214A.1,
subsections
2,
5,
and
13,
Code
22
2022,
are
amended
to
read
as
follows:
23
2.
“
A.S.T.M.
ASTM
international”
means
the
American
society
24
for
testing
and
materials
international.
25
5.
“Biodiesel”
means
a
renewable
fuel
comprised
of
26
mono-alkyl
esters
of
long-chain
fatty
acids
derived
from
27
vegetable
oils
or
animal
fats,
which
is
manufactured
by
the
28
use
of
a
transesterification
reaction,
and
which
meets
the
29
standards
provided
in
section
214A.2
.
30
13.
“E-85
gasoline”
or
“E-85”
means
ethanol
blended
gasoline
31
formulated
with
a
percentage
of
between
seventy
sixty-eight
32
and
eighty-five
eighty-three
percent
by
volume
of
ethanol,
if
33
the
formulation
excludes
a
denaturant,
and
which
meets
the
34
standards
provided
in
section
214A.2
.
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Sec.
13.
NEW
SECTION
.
214A.1A
Administration
and
1
enforcement.
2
This
chapter
shall
be
administered
and
enforced
by
the
3
department
which
may
adopt
rules
under
chapter
17A
to
carry
out
4
the
provisions
of
this
chapter.
5
Sec.
14.
Section
214A.2,
Code
2022,
is
amended
to
read
as
6
follows:
7
214A.2
Tests
and
standards
Standards
and
classifications
.
8
1.
a.
The
department
shall
adopt
rules
pursuant
to
chapter
9
17A
for
carrying
out
this
chapter
.
The
rules
may
include
but
10
are
not
limited
to
specifications
establishing
departmental
11
standards
relating
to
motor
fuel,
including
but
not
limited
to
12
renewable
fuel
such
as
ethanol
blended
gasoline,
biobutanol
13
blended
gasoline,
biodiesel,
biodiesel
blended
fuel,
fuels
and
14
motor
fuel
components
such
as
an
oxygenate
.
15
b.
In
the
interest
of
uniformity,
the
department
shall
16
adopt
by
reference
other
in
part
or
in
whole,
as
some
of
its
17
departmental
standards
described
in
paragraph
“a”
,
applicable
18
specifications
relating
to
tests
and
standards
for
motor
fuel,
19
including
renewable
fuel
and
motor
fuel
components,
adopted
by
20
ASTM
international
and
applicable
requirements
established
by
21
the
United
States
environmental
protection
agency
and
A.S.T.M.
22
international
.
23
2.
Octane
number
shall
conform
to
the
average
of
values
24
obtained
from
the
A.S.T.M.
ASTM
international
D2699
research
25
method
and
the
A.S.T.M.
ASTM
international
D2700
motor
method.
26
a.
Octane
number
for
regular
grade
unleaded
gasoline
shall
27
follow
the
specifications
of
A.S.T.M.
ASTM
international
but
28
shall
not
be
less
than
eighty-seven.
29
b.
Octane
number
for
premium
grade
unleaded
gasoline
shall
30
follow
the
specifications
of
A.S.T.M.
ASTM
international
but
31
shall
not
be
less
than
ninety
ninety-one
.
32
3.
a.
For
motor
fuel
advertised
for
sale
or
sold
as
33
gasoline
by
a
dealer,
the
motor
fuel
must
meet
requirements
34
for
that
type
of
motor
fuel
and
its
additives
established
by
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the
United
States
environmental
protection
agency
including
as
1
provided
under
42
U.S.C.
§7545.
2
b.
If
the
motor
fuel
is
advertised
for
sale
or
sold
as
3
ethanol
blended
gasoline,
the
motor
fuel
must
comply
with
meet
4
departmental
standards
which
shall
meet
all
of
the
following
5
requirements
including
as
follows
:
6
(1)
Ethanol
must
be
an
agriculturally
derived
ethyl
alcohol
7
that
meets
A.S.T.M.
departmental
standards
based
in
part
or
in
8
whole
on
ASTM
international
specification
D4806
for
denatured
9
fuel
ethanol
for
blending
with
gasoline
for
use
as
automotive
10
spark-ignition
engine
fuel,
or
a
successor
A.S.T.M.
ASTM
11
international
specification,
as
established
by
rules
adopted
12
by
the
department
rule
.
13
(2)
Gasoline
blended
with
ethanol
must
meet
requirements
14
established
by
rules
adopted
departmental
standards
based
15
in
part
or
in
whole
based
on
A.S.T.M.
ASTM
international
16
specification
D4814
,
or
a
successor
ASTM
international
17
specification,
established
by
rule
.
18
(3)
(a)
For
ethanol
blended
gasoline,
at
least
nine
ten
19
percent
by
volume
must
be
fuel
grade
ethanol.
In
addition,
the
20
following
applies:
21
(a)
(b)
For
the
period
beginning
on
September
16
and
22
ending
on
May
31
of
each
year,
the
state
grants
a
waiver
of
23
one
pound
per
square
inch
from
the
A.S.T.M.
ASTM
international
24
D4814
specification
for
Reid
vapor
pressure
requirement
,
or
25
a
successor
ASTM
international
specification,
established
by
26
rule
.
27
(b)
For
the
period
beginning
on
June
1
and
ending
on
28
September
15
of
each
year
the
United
States
environmental
29
protection
agency
must
grant
a
one
pound
per
square
inch
waiver
30
for
ethanol
blended
conventional
gasoline
with
at
least
nine
31
but
not
more
than
ten
percent
by
volume
of
ethanol
pursuant
to
32
40
C.F.R.
§80.27
.
33
(4)
For
standard
ethanol
blended
gasoline,
it
must
be
34
ethanol
blended
gasoline
classified
as
any
of
the
following:
35
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(a)
From
E-9
E-10
up
to
but
not
higher
than
E-15,
if
the
1
ethanol
blended
gasoline
meets
the
departmental
standards
for
2
that
classification
as
otherwise
provided
in
this
paragraph
3
“b”
.
4
(b)
Higher
than
E-15
but
not
E-85
gasoline
,
if
the
5
classification
is
authorized
by
the
department
pursuant
to
6
approval
for
the
use
of
that
classification
of
ethanol
blended
7
gasoline
in
this
state
by
the
United
States
environmental
8
protection
agency,
by
granting
a
waiver
or
the
adoption
of
9
regulations.
10
(5)
E-85
gasoline
must
be
an
agriculturally
derived
ethyl
11
alcohol
that
meets
A.S.T.M.
departmental
standards
based
in
12
part
or
in
whole
on
ASTM
international
specification
D5798,
13
described
as
a
fuel
blend
for
use
in
ground
vehicles
with
14
automotive
spark-ignition
engines,
or
a
successor
A.S.T.M.
ASTM
15
international
specification,
as
established
by
rules
adopted
16
by
the
department
rule
.
17
c.
If
the
motor
fuel
is
advertised
for
sale
or
sold
as
18
biobutanol
blended
gasoline,
the
motor
fuel
must
comply
19
with
meet
departmental
standards
which
shall
meet
all
of
the
20
following
requirements
as
follows
:
21
(1)
Biobutanol
must
be
an
agriculturally
derived
isobutyl
22
or
n-butyl
alcohol
that
meets
A.S.T.M.
ASTM
international
23
specification
D7862
for
butanol
for
blending
with
gasoline
for
24
use
as
automotive
spark-ignition
engine
fuel,
or
a
successor
25
A.S.T.M.
ASTM
international
specification,
as
established
by
26
rules
adopted
by
the
department
rule
.
27
(2)
Gasoline
blended
with
biobutanol
must
meet
requirements
28
established
by
rules
adopted
departmental
standards
based
29
in
part
or
in
whole
based
on
A.S.T.M.
ASTM
international
30
specification
D4814
,
or
a
successor
ASTM
international
31
specification,
established
by
rule
.
32
4.
a.
For
motor
fuel
advertised
for
sale
or
sold
as
diesel
33
fuel
by
a
dealer,
the
motor
fuel
must
meet
requirements
for
34
that
type
of
motor
fuel
and
its
additives
established
by
the
35
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5280HV
(2)
89
da/ns
8/
18
H.F.
2439
United
States
environmental
protection
agency
including
as
1
provided
under
42
U.S.C.
§7545.
2
b.
If
the
motor
fuel
is
advertised
for
sale
or
sold
as
3
biodiesel
or
biodiesel
blended
fuel,
the
motor
fuel
must
comply
4
with
meet
departmental
standards
which
shall
comply
with
based
5
in
part
or
in
whole
on
specifications
adopted
by
A.S.T.M.
ASTM
6
international
for
biodiesel
or
biodiesel
blended
fuel,
to
7
every
extent
applicable
,
as
determined
by
rules
adopted
by
the
8
department.
the
department,
subject
to
the
following:
9
(1)
Biodiesel
must
conform
to
A.S.T.M.
meet
departmental
10
standards
based
in
whole
or
in
part
on
ASTM
international
11
specification
D6751
,
or
a
successor
A.S.T.M.
ASTM
international
12
specification
,
as
established
by
rules
adopted
by
the
13
department
rule
.
The
specification
shall
apply
to
biodiesel
14
before
it
leaves
its
place
of
manufacture.
15
(2)
At
least
one
five
percent
of
biodiesel
blended
fuel
by
16
volume
must
be
biodiesel.
17
(3)
The
biodiesel
may
be
blended
with
diesel
fuel
whose
18
sulfur,
aromatic,
lubricity,
and
cetane
levels
do
not
comply
19
with
A.S.T.M.
ASTM
international
specification
D975
grades
20
1-D
or
2-D,
low
sulfur
1-D
or
2-D,
or
ultra-low
sulfur
grades
21
1-D
or
2-D,
provided
that
the
finished
biodiesel
blended
fuel
22
meets
A.S.T.M.
international
specification
D975
or
a
successor
23
A.S.T.M.
international
specification
as
established
by
rules
24
adopted
by
the
department
departmental
standards
as
required
in
25
subparagraph
(1)
.
26
(4)
Biodiesel
blended
fuel
classified
as
B-6
or
higher
27
but
not
higher
than
B-20
must
conform
to
A.S.T.M.
meet
28
departmental
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
31
by
the
department
rule
.
32
5.
Motor
fuel
shall
be
classified
as
follows:
33
a.
(1)
Ethanol
shall
be
classified
as
E-100.
34
(2)
Ethanol
blended
gasoline
formulated
with
a
percentage
35
-9-
LSB
5280HV
(2)
89
da/ns
9/
18
H.F.
2439
of
between
sixty-eight
and
eighty-three
percent
by
volume
of
1
ethanol
shall
be
classified
as
E-85.
2
(3)
Ethanol
blended
gasoline
,
other
than
ethanol
blended
3
gasoline
classified
as
E-85,
shall
be
designated
classified
as
4
E-xx
where
“xx”
is
the
volume
percent
of
ethanol
in
the
ethanol
5
blended
gasoline.
6
b.
(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
9
biobutanol
in
the
biobutanol
blended
gasoline.
10
c.
(1)
Biodiesel
shall
be
classified
as
B-100.
11
(2)
Biodiesel
blended
fuel
shall
be
designated
classified
12
as
B-xx
where
“xx”
is
the
volume
percent
of
biodiesel.
13
6.
Motor
fuel
shall
not
contain
more
than
trace
amounts
of
14
MTBE,
as
provided
in
section
214A.18
.
15
Sec.
15.
Section
214A.2A,
subsection
1,
Code
2022,
is
16
amended
to
read
as
follows:
17
1.
Fuel
which
is
sold
or
is
kept,
offered,
or
exposed
for
18
sale
as
kerosene
shall
be
labeled
as
kerosene.
The
label
shall
19
include
the
word
“kerosene”
or
the
designation
“K1
kerosene”,
20
and
shall
indicate
that
the
kerosene
is
in
compliance
with
the
21
standard
specification
adopted
by
A.S.T.M.
ASTM
international
22
specification
D3699
(1982)
,
or
a
successor
ASTM
international
23
specification,
established
by
rules
adopted
by
the
department
.
24
Sec.
16.
Section
214A.2B,
Code
2022,
is
amended
to
read
as
25
follows:
26
214A.2B
Laboratory
for
motor
fuel
and
biofuels.
27
A
laboratory
for
motor
fuel
and
biofuels
is
established
at
28
a
community
college
which
is
engaged
in
biofuels
testing
on
29
July
1,
2007,
and
which
testing
includes
but
is
not
limited
to
30
B-20
biodiesel
fuel
testing
for
motor
trucks
and
the
ability
of
31
biofuels
to
meet
A.S.T.M.
ASTM
international
standards.
The
32
laboratory
shall
conduct
testing
of
motor
fuel
sold
in
this
33
state
and
biofuel
which
is
blended
in
motor
fuel
in
this
state
34
to
ensure
that
the
motor
fuel
or
biofuels
meet
the
requirements
35
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18
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2439
in
section
214A.2
.
1
Sec.
17.
Section
214A.3,
Code
2022,
is
amended
to
read
as
2
follows:
3
214A.3
Advertising.
4
1.
For
all
motor
fuel,
a
A
person
shall
not
knowingly
do
any
5
of
the
following:
6
a.
1.
Advertise
the
for
sale
of
any
motor
fuel
which
that
7
does
not
meet
the
standards
provided
in
section
214A.2
.
8
b.
2.
Falsely
advertise
for
sale
the
quality
,
type,
or
kind
9
of
any
motor
fuel
or
a
component
of
motor
fuel.
10
c.
3.
Add
a
coloring
matter
to
the
motor
fuel
which
11
misleads
a
person
who
is
purchasing
the
motor
fuel
about
the
12
quality
of
the
motor
fuel.
13
4.
Falsely
advertise
for
sale
the
classification
of
a
motor
14
fuel
as
provided
in
section
214A.2.
15
2.
For
a
renewable
fuel,
all
of
the
following
apply:
16
a.
A
person
shall
not
knowingly
falsely
advertise
that
a
17
motor
fuel
is
a
renewable
fuel
or
is
not
a
renewable
fuel.
18
b.
(1)
Ethanol
blended
gasoline
sold
by
a
dealer
shall
19
be
designated
according
to
its
classification
as
provided
in
20
section
214A.2
.
However,
a
person
advertising
E-9
or
E-10
21
gasoline
may
only
designate
it
as
ethanol
blended
gasoline.
A
22
person
advertising
ethanol
blended
gasoline
formulated
with
a
23
percentage
of
between
seventy
and
eighty-five
percent
by
volume
24
of
ethanol
shall
designate
it
as
E-85.
A
person
shall
not
25
knowingly
falsely
advertise
ethanol
blended
gasoline
by
using
26
an
inaccurate
designation
in
violation
of
this
subparagraph.
27
(2)
A
person
shall
not
knowingly
falsely
advertise
28
biobutanol
blended
gasoline
by
using
an
inaccurate
designation
29
as
provided
in
section
214A.2
.
30
(3)
A
person
shall
not
knowingly
falsely
advertise
31
biodiesel
fuel
by
using
an
inaccurate
designation
as
provided
32
in
section
214A.2
.
33
Sec.
18.
Section
214A.5,
subsection
2,
Code
2022,
is
amended
34
to
read
as
follows:
35
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11/
18
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2439
2.
A
wholesale
dealer
selling
ethanol
blended
gasoline,
1
biobutanol
blended
gasoline,
or
biodiesel
blended
fuel
to
2
a
purchaser
shall
provide
the
purchaser
with
a
statement
3
indicating
its
designation
classification
as
provided
in
4
section
214A.2
.
The
statement
may
be
on
the
sales
slip
5
provided
in
this
section
or
a
similar
document,
including
but
6
not
limited
to
a
bill
of
lading
or
invoice.
7
Sec.
19.
Section
214A.16,
Code
2022,
is
amended
to
read
as
8
follows:
9
214A.16
Notice
of
renewable
fuel
——
decal.
10
1.
a.
If
ethanol
blended
gasoline
is
sold
from
a
motor
11
fuel
pump,
the
motor
fuel
pump
shall
have
affixed
a
decal
12
identifying
the
ethanol
blended
gasoline.
13
b.
If
the
motor
fuel
pump
dispenses
ethanol
blended
gasoline
14
classified
as
E-11
to
E-15
for
use
in
gasoline-powered
vehicles
15
not
required
to
be
flexible
fuel
vehicles,
the
motor
fuel
pump
16
shall
have
affixed
a
decal
as
prescribed
by
the
United
States
17
environmental
protection
agency.
18
c.
1.
a.
If
the
motor
fuel
pump
dispenses
ethanol
blended
19
gasoline
classified
as
higher
than
standard
ethanol
blended
20
gasoline
pursuant
to
section
214A.2
is
advertised
for
sale
or
21
sold
at
a
retail
motor
fuel
site
,
the
motor
fuel
dispenser
22
dispensing
the
ethanol
blended
gasoline
shall
be
affixed
with
a
23
decal
s
hall
contain
language
stating
that
the
classification
24
of
the
ethanol
blended
gasoline
is
for
use
in
flexible
fuel
25
vehicles.
26
d.
b.
If
biobutanol
blended
gasoline
is
advertised
for
sale
27
or
sold
from
at
a
retail
motor
fuel
site,
the
motor
fuel
pump,
28
the
motor
fuel
pump
dispenser
dispensing
the
biobutanol
blended
29
gasoline
shall
have
be
affixed
with
a
decal
identifying
the
30
classification
of
biobutanol
blended
gasoline.
31
e.
If
biodiesel
fuel
is
sold
from
a
motor
fuel
pump,
the
32
motor
fuel
pump
shall
have
affixed
a
decal
identifying
the
33
biodiesel
fuel
as
provided
in
16
C.F.R.
pt.
306
.
34
2.
The
design
and
location
of
the
decal
shall
be
prescribed
35
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5280HV
(2)
89
da/ns
12/
18
H.F.
2439
by
rules
adopted
by
the
department.
A
decal
identifying
a
1
renewable
fuel
shall
be
consistent
with
standards
adopted
2
pursuant
to
section
159A.6
.
The
department
may
approve
an
3
application
to
place
a
decal
in
a
special
location
on
a
pump
4
dispenser
or
container
or
use
a
decal
with
special
lettering
5
or
colors,
if
the
decal
appears
clear
and
conspicuous
to
the
6
consumer.
The
application
shall
be
made
in
writing
pursuant
to
7
procedures
adopted
by
the
department.
8
Sec.
20.
Section
452A.12,
subsection
2,
Code
2022,
is
9
amended
to
read
as
follows:
10
2.
A
person
while
transporting
motor
fuel
or
undyed
special
11
fuel
from
a
refinery
or
marine
or
pipeline
terminal
in
this
12
state
or
from
a
point
outside
this
state
over
the
highways
13
of
this
state
in
service
other
than
that
under
subsection
14
1
shall
carry
in
the
vehicle
a
loading
invoice
showing
the
15
name
and
address
of
the
seller
or
consignor,
the
date
and
16
place
of
loading,
and
the
kind
and
quantity
of
motor
fuel
or
17
special
fuel
loaded,
together
with
invoices
showing
the
kind
18
and
quantity
of
each
delivery
and
the
name
and
address
of
each
19
purchaser
or
consignee.
An
invoice
carried
pursuant
to
this
20
subsection
for
ethanol
blended
gasoline
or
biodiesel
blended
21
fuel
shall
state
its
designation
classification
as
provided
in
22
section
214A.2
.
23
Sec.
21.
Section
455G.31,
subsection
1,
paragraph
b,
Code
24
2022,
is
amended
to
read
as
follows:
25
b.
Ethanol
blended
gasoline
shall
be
designated
classified
26
in
the
same
manner
as
provided
in
section
214A.2
.
27
EXPLANATION
28
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
29
the
explanation’s
substance
by
the
members
of
the
general
assembly.
30
GENERAL.
This
bill
provides
for
programs
and
regulations
31
administered
and
enforced
by
the
department
of
agriculture
and
32
land
stewardship
(DALS).
33
CHOOSE
IOWA
PROMOTIONAL
PROGRAM.
The
bill
requires
DALS
34
to
establish
and
administer
a
choose
Iowa
promotional
program
35
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5280HV
(2)
89
da/ns
13/
18
H.F.
2439
(program)
in
order
to
provide
consumers
a
choice
in
purchasing
1
a
food
item
originating
as
an
agricultural
commodity
produced
2
on
an
Iowa
farm
(amended
Code
section
159.20).
This
includes
3
either
(1)
an
agricultural
commodity
produced
on
an
Iowa
farm
4
or
(2)
a
product
processed
in
this
state,
if
the
product
is
5
an
agricultural
commodity
that
has
been
prepared
in
Iowa,
or
6
any
of
the
product’s
ingredients
are
agricultural
commodities
7
produced
on
an
Iowa
farm
(new
Code
section
159.29).
DALS
is
8
provided
discretion
to
further
define
what
constitutes
an
Iowa
9
farm
and
describe
how
an
agricultural
commodity
originates
on
10
an
Iowa
farm.
11
CHOOSE
IOWA
LOGO.
As
part
of
the
program,
DALS
may
establish
12
a
choose
Iowa
logo
(logo)
to
identify
a
food
item
originating
13
as
an
agricultural
commodity
produced
on
an
Iowa
farm.
DALS
14
may
register
the
logo
as
a
mark
with
the
secretary
of
state.
15
DALS
may
also
register
the
logo
as
a
trademark
with
the
United
16
States
patent
and
trademark
office
or
as
a
copyright
with
the
17
United
States
copyright
office.
The
use
of
the
logo
does
not
18
create
an
express
or
implied
warranty;
involve
state
or
federal
19
labeling
requirements;
or
indicate
the
grade,
specification,
20
standard,
or
value
of
a
food
item
(new
Code
section
159.30).
21
CHOOSE
IOWA
PROMOTIONAL
PROGRAM
——
LICENSING
AGREEMENTS
AND
22
FEES.
DALS
may
enter
into
a
licensing
agreement
(agreement)
23
with
a
person
who
applies
to
use
the
logo.
An
agreement
cannot
24
be
for
more
than
five
years.
DALS
must
evaluate
and
approve
or
25
disapprove
applications
based
on
criteria
established
by
rule.
26
DALS
may
also
establish
application
and
license
fees
by
rule.
27
CHOOSE
IOWA
FUND.
A
choose
Iowa
fund
(fund)
is
established
28
in
the
state
treasury
under
DALS’
management
and
control.
The
29
fund
includes
moneys
that
DALS
collects
in
fees
or
otherwise
30
receives,
including
by
appropriation
or
gift.
DALS
must
use
31
the
moneys
exclusively
to
carry
out
the
provisions
of
the
bill.
32
PESTICIDE
REGULATION.
The
bill
amends
Code
chapter
206,
33
“the
Pesticide
Act
of
Iowa”
(Code
section
206.1)
which
in
part
34
regulates
commercial
and
private
applicators.
Before
selling
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or
offering
for
sale
any
pesticide
for
use
in
this
state,
a
1
person
must
register
each
brand
and
grade
of
that
pesticide
2
with
DALS.
Registration
fees
are
based
on
a
percentage
3
of
gross
sales
of
that
brand
or
grade
in
this
state
with
a
4
minimum
fee
of
$250
and
a
maximum
fee
of
$3,000
(Code
section
5
206.12(3)).
The
bill
replaces
that
method
of
calculating
the
6
registration
fee
with
a
flat
fee
of
$300.
Generally,
a
person
7
in
business
as
a
commercial
applicator
(applying
pesticides
to
8
another
person’s
land)
must
be
certified
and
licensed
(Code
9
sections
206.5
and
206.6).
A
private
applicator
(e.g.,
a
10
farmer)
applying
a
restricted
use
pesticide
must
be
certified
11
(Code
section
206.5).
During
the
last
regular
session,
the
12
general
assembly
enacted
SF
482
(2021
Acts,
chapter
28)
which
13
in
part
provides
that
a
private
applicator
is
subject
to
the
14
same
civil
penalty
as
a
commercial
applicator
for
violating
a
15
provision
of
the
Code
chapter
(amended
Code
section
206.19).
16
The
Act
provided
that
the
amount
for
each
violation
committed
17
by
a
commercial
applicator
or
private
applicator
cannot
exceed
18
$500
for
each
violation.
The
bill
amends
the
provision
by
19
changing
the
term
from
“violation”
back
to
“offense”.
20
MOTOR
FUEL
REGULATION
——
BACKGROUND.
DALS
regulates
persons
21
advertising
for
sale
or
selling
motor
fuel
on
a
wholesale
22
or
retail
basis
(Code
chapter
214A)
as
well
as
motor
fuel
23
infrastructure
used
to
store
and
dispense
motor
fuel
at
a
24
retail
motor
fuel
site
owned
or
operated
by
a
retail
dealer
25
and,
in
particular,
metered
motor
fuel
pumps
located
at
a
26
retail
motor
fuel
site
(Code
chapter
214).
Three
types
of
27
motor
fuel
are
regulated
by
DALS,
including
gasoline
and
diesel
28
fuel
(Code
section
214A.2),
and
kerosene
(Code
sections
214A.2
29
and
214A.2A)
as
well
as
their
respective
components.
A
biofuel
30
is
a
component
used
to
formulate
a
motor
fuel
and
is
closely
31
associated
with
formulations
of
both
gasoline
and
diesel
fuel.
32
A
renewable
fuel
is
a
term
which
refers
to
either
a
biofuel
33
or
a
motor
fuel
blended
with
a
biofuel.
A
biofuel
includes
34
ethanol
which
is
grain
alcohol
(e.g.,
derived
from
corn)
used
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to
produce
ethanol
blended
gasoline,
biobutanol
which
is
1
isobutyl
or
n-butyl
alcohol
(derived
from
the
same
feedstocks
2
as
ethanol
but
includes
corn
stover)
used
to
produce
biobutanol
3
blended
gasoline,
and
biodiesel
which
is
often
a
vegetable
oil
4
(e.g.,
derived
from
soybeans)
used
to
produce
biodiesel
blended
5
fuel.
DALS
establishes
standards
for
these
motor
fuels
and
6
their
components
based
on
two
outside
sources
of
authority:
7
(1)
specifications
recommended
by
ASTM
international,
a
8
private
globally
recognized
organization,
and
(2)
requirements
9
adopted
by
the
United
States
environmental
protection
agency
10
(EPA).
The
EPA
and
the
United
States
federal
trade
commission
11
(FTC)
also
regulate
the
labeling
of
motor
fuel
dispensers
by
12
requiring
information
about
the
motor
fuel
to
be
dispensed,
13
such
as
the
octane
level
of
gasoline
and
the
percentage
content
14
of
any
biofuel
component
(42
U.S.C.
§7545
and
40
C.F.R.
pt.
15
1090,
15
U.S.C.
§2801
et
seq.,
42
U.S.C.
§17021,
16
C.F.R.
16
pt.
306,
and
40
C.F.R.
§80.1501(a)).
DALS’
regulation
of
a
17
renewable
fuel
depends
upon
its
classification
expressed
as
an
18
abbreviation
identifying
the
renewable
fuel
according
to
type
19
followed
by
a
number
representing
the
biofuel
percentage
by
20
volume
usually
measured
by
gallon.
The
designation
“xx”
is
21
used
as
a
stand-in
designation
for
the
actual
percentage
of
a
22
biofuel
percentage
threshold
(amended
Code
section
214A.2(5))
23
depending
upon
the
Code
provision
(e.g.,
the
E-15
plus
gasoline
24
promotion
tax
credit
in
Code
section
422.11Y).
One
special
25
exception
is
E-85
gasoline
which
is
based
on
a
percentage
range
26
of
between
70
and
85
percent
by
volume
of
ethanol.
27
MOTOR
FUEL
REGULATION
——
REVISION
OF
TERMS.
The
bill
revises
28
certain
terms,
including
by
changing
“A.S.T.M.
international”
29
to
“ASTM
international”
and
defining
“biodiesel”
by
referring
30
to
its
production
method
(amended
Code
section
214A.1).
31
The
bill
provides
for
the
consistent
use
of
certain
terms,
32
including
“specifications”
which
refers
to
recommendations
33
adopted
by
ASTM
international,
“requirements”
which
refers
to
34
EPA
regulations,
and
“standards”
which
refers
to
departmental
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rules
(amended
Code
section
214A.2).
The
bill
also
provides
1
for
the
consistent
use
of
the
term
“standard”
which
is
2
occasionally
referred
to
as
“designation”
(amended
Code
3
sections
214A.2A,
214A.3,
214A.5,
452A.12,
and
455G.31).
The
4
bill
provides
that
a
label
is
to
be
placed
on
a
“motor
fuel
5
dispenser”
rather
than
a
“motor
fuel
pump”
(amended
Code
6
section
214A.16).
7
MOTOR
FUEL
REGULATION
——
DEPARTMENTAL
STANDARDS.
The
8
bill
provides
that
the
minimum
octane
rating
for
premium
9
grade
gasoline
is
changed
from
90
to
91
(amended
Code
10
section
214A.2(2)).
For
all
three
types
of
motor
fuel,
11
departmental
standards
may
be
based
in
part
or
in
whole
on
12
ASTM
international
specifications,
and
may
include
successor
13
specifications.
The
bill
eliminates
a
requirement
recognizing
14
that
EPA
must
grant
a
seasonal
waiver
from
its
requirements
15
before
a
retail
dealer
may
advertise
for
sale
or
sell
ethanol
16
blended
gasoline
(amended
Code
section
214A.2(3)).
The
17
threshold
for
ethanol
blended
gasoline
is
increased
from
E-9
to
18
E-10
(amended
Code
section
214A.2(3))
and
from
B-1
to
B-5
for
19
biodiesel
blended
motor
fuel
(amended
Code
section
214A.2(4)).
20
MOTOR
FUEL
REGULATION
——
CLASSIFICATIONS.
The
bill
21
adds
subclassifications
for
biofuels
including
for
ethanol
22
classified
as
E-100,
biobutanol
classified
as
Bu-100,
and
23
biodiesel
classified
as
B-100.
The
bill
also
recognizes
E-85
24
according
to
its
revised
percentage
range,
which
is
68
to
83
25
percent.
26
MOTOR
FUEL
REGULATION
——
ADVERTISING.
The
bill
revises
27
a
provision
which
prohibits
a
person
from
knowingly
falsely
28
advertising
for
sale
motor
fuel
(amended
Code
section
214A.3).
29
The
bill
replaces
a
provision
that
prohibits
a
person
from
30
falsely
advertising
that
a
motor
fuel
is
or
is
not
a
renewable
31
fuel
with
a
provision
that
prohibits
a
person
from
falsely
32
advertising
the
classification
of
a
renewable
fuel.
The
bill
33
also
eliminates
a
requirement
that
a
motor
fuel
pump
(motor
34
fuel
dispenser)
be
affixed
with
a
label
that
identifies
the
35
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dispensed
gasoline
as
ethanol
blended
gasoline
(e.g.,
E-10),
1
that
identifies
ethanol
blended
gasoline
classified
from
E-11
2
to
E-15,
or
that
identifies
dispensed
diesel
fuel
as
biodiesel
3
blended
fuel.
The
bill
retains
a
state
requirement
that
a
4
motor
fuel
dispenser
identify
gasoline
classified
as
higher
5
than
E-15
(e.g.,
E-85)
or
any
classification
of
biobutanol
6
blended
gasoline.
The
bill
does
not
affect
federal
labeling
7
requirements.
8
APPLICABLE
PENALTIES.
A
person
who
violates
a
provision
9
of
Code
chapter
214A
is
guilty
of
a
serious
misdemeanor.
A
10
serious
misdemeanor
is
punishable
by
confinement
for
no
more
11
than
one
year
and
a
fine
of
at
least
$430
but
not
more
than
12
$2,560.
However,
the
state
may
initiative
a
substitute
civil
13
enforcement
action
as
an
administrative
action
by
DALS
or
as
14
a
judicial
proceeding
by
the
attorney
general
upon
referral
15
by
DALS.
The
civil
penalty
must
be
for
at
least
$100
but
16
not
more
than
$1,000
for
each
violation
and
each
day
of
a
17
continuing
violation
constitutes
a
separate
offense
(Code
18
section
214A.11).
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