Bill Text: IA HF2591 | 2019-2020 | 88th General Assembly | Introduced

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Bill Title: A bill for an act relating to the powers and duties of the department of agriculture and land stewardship, including by providing for administration, programs, and regulations, providing fees, providing penalties, and making penalties applicable. (Formerly HSB 684; See HF 2626.)

Spectrum: Committee Bill

Status: (Introduced - Dead) 2020-06-05 - Withdrawn. H.J. 664. [HF2591 Detail]

Download: Iowa-2019-HF2591-Introduced.html

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House File 2591 - Introduced
HOUSE FILE 2591
BY COMMITTEE ON AGRICULTURE
(SUCCESSOR TO HSB 684)
A BILL FOR
An Act relating to the powers and duties of the department of
agriculture and land stewardship, including by providing for
administration, programs, and regulations, providing fees,
providing penalties, and making penalties applicable.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
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DIVISION I
DEPARTMENTAL ORGANIZATION
Section 1. Section 159.5, subsection 7, Code 2020, is
amended to read as follows:
7. Establish and maintain a marketing news service bureau
in the department which shall, in cooperation with the
federal market news and grading division Cooperate with the
agricultural marketing service of the United States department
of agriculture , to collect and disseminate data and information
relative to the market prices and conditions of agricultural
products raised, produced, and handled in the state.
DIVISION II
ANIMALS
PART A
COMMERCIAL ESTABLISHMENTS
Sec. 2. Section 162.2A, subsection 3, paragraph d, Code
2020, is amended by striking the paragraph.
Sec. 3. Section 162.2A, Code 2020, is amended by adding the
following new subsection:
NEW SUBSECTION . 4A. A commercial establishment shall not
be issued or renewed a state license by the department, unless
a person applying for the state license presents the department
with a valid, government-issued photo identification, or other
form of similar identification approved by the department, as
proof of identity that the person may legally act on behalf
of the commercial establishment in making the application.
The application must be signed by the person under penalty of
perjury subject to the penalty provisions of section 162.13,
subsection 1. Upon completion of the initial inspection,
the issued or renewed state license shall include a unique
identification number that is a public record under chapter 22.
PART B
ANIMAL HEALTH
Sec. 4. NEW SECTION . 163.2A Part —— definitions.
As used in this part, unless the context otherwise requires:
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1. “Animal” means any livestock or agricultural animal as
defined in section 717A.1.
2. “Interested person” means the owner of an animal; a
person caring for the animal, if different from the owner of
the animal; or a person holding a perfected agricultural lien
or security interest in the animal under chapter 554.
Sec. 5. Section 163.3, Code 2020, is amended to read as
follows:
163.3 Veterinary and special assistants.
The secretary or the secretary’s designee may appoint one
or more veterinarians licensed pursuant to chapter 169 in each
county as assistant veterinarians. The secretary may also
appoint such one or more special assistants as may be necessary
in cases of emergency, including as provided in section 163.3A .
Sec. 6. Section 163.3A, subsection 1, Code 2020, is amended
to read as follows:
1. The department may provide veterinary emergency
preparedness and response services necessary to prevent or
control a serious threat to the public health, public safety,
or the state’s economy caused by the transmission of disease
among livestock as defined in section 717.1 or agricultural
animals as defined in section 717A.1 . The services may include
measures necessary to ensure that all such animals carrying
disease are properly identified, segregated, treated, or
destroyed as provided in this Code.
Sec. 7. Section 163.3C, subsection 1, Code 2020, is amended
by striking the subsection.
Sec. 8. Section 163.3C, subsection 2, unnumbered paragraph
1, Code 2020, is amended to read as follows:
The department shall develop and establish a foreign animal
disease preparedness and response strategy for use by the
department in order to prevent, control, or eradicate the
transmission of foreign animal diseases among populations
of livestock animals . The strategy may be part of the
department’s veterinary emergency preparedness and response
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services as provided in section 163.3A . The strategy shall
provide additional expertise and resources to increase
biosecurity efforts that assist in the prevention of a foreign
animal disease outbreak in this state. In developing and
establishing the strategy, the department shall consult with
interested persons including but not limited to the following:
Sec. 9. Section 163.3C, subsection 3, Code 2020, is amended
to read as follows:
3. The department shall implement the foreign animal
disease preparedness and response strategy if necessary to
prevent, control, or eradicate the transmission and incidence
of foreign animal diseases that may threaten or actually
threaten livestock animals in this state. In implementing
the strategy, the department may utilize emergency response
measures as otherwise required under section 163.3A . The
department may but is not required to consult with interested
persons when implementing the strategy.
Sec. 10. NEW SECTION . 163.3D Emergency measures ——
abandoned animals —— authorization and seizure.
1. a. The department may seize one or more abandoned
animals pursuant to an authorization providing emergency
measures to prevent or control the transmission of an
infectious or contagious disease among any population or
species of animals.
b. The authorization must be any of the following:
(1) A declaration or proclamation issued by the governor
pursuant to chapter 29C, including as provided in section
163.3A.
(2) An order issued by the secretary or the secretary’s
designee pursuant to a provision in this subtitle.
(3) Any other provision of law in this subtitle that
requires the department to control the transmission of an
infectious or contagious disease among a population or species
of animals in this state.
c. If there is a conflict between a measure authorized to
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be taken under paragraph “a” , that is less restrictive than the
standards or procedures provided in this section, the measures
authorized to be taken under paragraph “a” shall prevail.
2. The department may appoint veterinary assistants or
special assistants as provided in section 163.3 as required to
administer this section.
3. It is presumed that an abandoned animal belonging to a
species subject to emergency measures as provided in subsection
1 has been exposed to an infectious or contagious disease as
provided in the authorization.
4. As part of the seizure of an abandoned animal, the
department may take, impound, and retain custody of the animal,
including by maintaining the animal in a manner and at a
location determined by the department to be reasonable under
the emergency circumstances. The department may take action as
provided in this subtitle to ensure that all animals exposed to
an infectious or contagious disease are properly identified,
tested, segregated, treated, or destroyed as provided in this
subtitle.
5. a. The department may seize an animal if the department
has a reasonable suspicion the animal has been abandoned,
including by entering onto public or private property or into a
private motor vehicle, trailer, or semitrailer parked on public
or private property, as provided in this subsection.
b. The department may enter onto private property or into
a private motor vehicle, trailer, or semitrailer to seize an
abandoned animal if the department obtains a search warrant
issued by a court, or enters onto the premises in a manner
consistent with the laws of this state and the United States,
including Article I, section 8, of the Constitution of the
State of Iowa, or the fourth amendment to the Constitution of
the United States.
c. An abandoned animal shall only be seized by the
department pursuant to the following conditions:
(1) The department provides written notice of its
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abandonment determination to all reasonably identifiable
interested persons. The department shall make a good-faith
effort to provide the notice to interested persons by regular
mail, hand delivery, telephone, electronic mail, or other
reasonable means. The notice shall include all of the
following:
(a) The name and address of the department.
(b) A description of the animal subject to seizure.
(c) The delivery date of the notice.
(d) A statement informing the interested person that the
animal may be seized pursuant to this chapter within one day
following the delivery date of the notice. The statement
must specify a date, time, and location for delivery of the
interested person’s response designated by the department, as
provided in this subsection.
(e) A statement informing the interested person that in
order to avoid seizure of the animal, the person must respond
to the notice in writing, stating that the animal has not been
abandoned and identifying what measures are being taken to care
for and manage the animal.
(2) Notwithstanding subparagraph (1), if the department
determines that it is not feasible to provide direct notice
of its abandonment determination to an interested person,
the department shall deliver a constructive notice of the
determination to that person by any reasonable manner, which
may include posting the notice at or near the place where
the animal is located. The department shall also post the
constructive notice on the department’s internet site.
d. The department may seize the animal if the department
fails to receive a written response by the interested person by
the end of normal office hours of the next day the department
is available to receive the response after written notice of
the department’s abandonment determination is delivered.
e. Upon a determination by the department that exigent
circumstances exist, the department may enter onto private
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property without a warrant and may seize an abandoned animal,
in a manner consistent with the laws of this state and
the United States, including Article I, section 8, of the
Constitution of the State of Iowa, or the fourth amendment to
the Constitution of the United States.
6. If an animal is seized pursuant to this section, the
department shall post a notice in a conspicuous place at the
location where the animal was seized. The notice shall state
the animal has been seized by the department pursuant to this
section and at least briefly describe where and when the animal
was seized, the species and number of animals seized, and that
a dispositional proceeding is to be conducted pursuant to
section 163.3E.
Sec. 11. NEW SECTION . 163.3E Emergency measures ——
abandoned animals —— dispositional proceeding.
1. a. The department shall file a petition with the
district court for the disposition of an animal seized pursuant
to section 163.3D as soon as practicable.
b. The court shall notify the department and all interested
persons of the dispositional proceeding in a manner determined
reasonable by the court. The court shall hear the matter
within twenty-four hours from the time the department’s
petition is filed. The court may grant a continuance by a
motion of the department or upon petition by an interested
person. However, the interested person shall post a bond or
other security with the department in an amount determined by
the court, which shall not be more than the amount sufficient
to provide for the maintenance of the animal for the duration
of the continuance.
2. Upon a determination by the department that exigent
circumstances exist, the dispositional proceeding may be
conducted by an administrative law judge in the same manner
as an emergency adjudicative proceeding pursuant to section
17A.18A. The administrative law judge shall notify the
department and all interested persons of the dispositional
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proceeding in a manner determined reasonable by the
administrative law judge given the circumstances in the case.
The procedures provided in this section may be supplemented
or modified by a declaration or proclamation issued by the
governor or an order issued by the secretary or the secretary’s
designee pursuant to section 163.3D.
3. a. A court or administrative law judge shall issue an
order for the disposition of the animal after making any of the
following determinations:
(1) That no interested person holds a legal interest in
the seized animal. In that case, the animal shall be deemed
abandoned and the order shall extinguish all prior legal
interests in the animal. The order shall grant an undivided
ownership interest in the animal free from any security
interest or other agricultural lien or encumbrance to the
department.
(2) That an interested person holds a legal interest in
the seized animal, and the department has reasonable suspicion
to believe that the animal has been exposed to an infectious
or contagious disease. In that case, the order shall provide
for the disposition of the animal in the same manner as if the
department had identified the animal as having been exposed to
the infectious or contagious disease under the authorization
provided in section 163.3D.
(3) That a person holds a legal interest in the seized
animal, and there is no reasonable suspicion that the seized
animal has been exposed to an infectious or contagious disease.
In that case, the order shall direct the department to transfer
custody of the animal to the interested person. In the event
the animal is returned to the interested person, the department
shall not be subject to any claim for damages caused by the
seizure if the department’s actions were taken pursuant to
the department’s emergency efforts to establish and maintain
quarantine in response to a disease outbreak, as set forth in
section 669.14, subsection 3.
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b. A reasonable suspicion asserted by the department may
be based on any credible evidence that shows the animal’s
possible exposure to an infectious or contagious disease or the
animal was abandoned. This paragraph “b” does not require the
department to conduct a test of an animal to determine whether
an animal has been exposed.
c. If two or more interested parties may be transferred
custody of an animal by the department pursuant to paragraph
“a” , subparagraph (3), the court or administrative law judge
shall order the department to transfer the animal to the owner
or otherwise to the interested person best able to care for the
animal without prejudicing the rights of any other interested
person. However, in any cause of action brought by an
interested person contesting the order to transfer under this
subsection, the department shall not be included as a party.
4. a. In a dispositional proceeding conducted by a court or
administrative law judge under this section, or in a separate
cause of action brought by the department against an interested
person, the court or administrative law judge may award the
department all of the following:
(1) An amount necessary to reimburse the department for
expenses incurred in seizing and maintaining an abandoned
animal as well as any costs for the disposition of the
abandoned animal.
(2) Expenses related to the investigation and adjudication
of the case.
b. In a dispositional proceeding conducted by a court under
this section, or in a separate cause of action brought by the
department against an interested person, the court may award
the department court costs and reasonable attorney fees.
c. An award ordered under this subsection shall be paid
by an interested party who is transferred a seized animal by
the court or administrative law judge, or the owner of the
seized animal as determined by the court or administrative law
judge. The amount awarded the department shall be subtracted
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from the proceeds, if any, received by the department from the
disposition of the animal. Any amount awarded by a court shall
be taxed as part of the costs of the cause of action.
d. If more than one interested person holds a legal interest
in the animal, the court or administrative law judge shall
calculate the respective contributions of the interested
persons based upon the percentage of legal interest in the
seized animal held by each interested person. The amount paid
to the department shall be sufficient to allow the department
to repay the livestock remediation fund as provided in section
459.501 and fully reimburse the department for all costs, fees,
and expenses incurred by the department under this section.
Sec. 12. NEW SECTION . 163.3F Interference with official
acts.
1. A person shall not interfere with an official act of the
department taken in the performance of a duty to prevent or
control the transmission of an infectious or contagious disease
among a population or species of animals, if the official act
is authorized as part of any of the following:
a. A veterinary emergency preparedness and response service
pursuant to section 163.3A.
b. A foreign animal disease preparedness and response
strategy pursuant to section 163.3C.
c. An emergency measure pursuant to section 163.3D or
163.3E.
2. Under this section, an official act of the department
may be performed by a departmental employee, or a veterinary or
special assistant appointed pursuant to section 163.3.
Sec. 13. Section 163.61, subsection 3, Code 2020, is amended
by adding the following new paragraph:
NEW PARAGRAPH . c. A person who interferes with an official
act as provided in section 163.3F shall be subject to a civil
penalty of at least one hundred dollars but not more than ten
thousand dollars. In the case of a continuing violation,
each day of the continuing violation is a separate violation.
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However, a person shall not be subject to a civil penalty
totaling more than two hundred fifty thousand dollars arising
out of the same violation.
Sec. 14. Section 459.501, subsection 3, paragraph a, Code
2020, is amended by adding the following new subparagraph:
NEW SUBPARAGRAPH . (3) (a) To allocate moneys to the
department of agriculture and land stewardship for the payment
of expenses incurred by the department of agriculture and land
stewardship associated with all of the following:
(i) Providing for seizure of animals pursuant to sections
169.3D and 169.3E.
(ii) Court costs, reasonable attorney fees, and expenses
related to the investigation and prosecution of the case
arising from the seizure of animals.
(b) The department of natural resources shall allocate
any amount of unencumbered and unobligated moneys demanded in
writing by the department of agriculture and land stewardship
as provided in this subparagraph. The department of natural
resources shall complete the allocation upon receiving the
demand.
(c) The department of agriculture and land stewardship
shall repay the fund any amount received from an interested
person pursuant to an order by a court in a dispositional
proceeding conducted pursuant to section 163.3E.
Sec. 15. REPEAL. Section 166D.3, Code 2020, is repealed.
Sec. 16. CODE EDITOR DIRECTIVE.
1. The Code editor is directed to make the following
transfer:
Section 163.3 to section 163.3G.
2. The Code editor shall correct internal references in the
Code and in any enacted legislation as necessary due to the
enactment of this section.
Sec. 17. CODE EDITOR DIRECTIVE. The Code editor shall
divide chapter 163, subchapter I, into parts, including
sections 163.1 and 163.2 as part A, sections 163.2A through
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163.5, including sections amended or enacted as provided in
this Act, as part B, and sections 163.6 through 163.25 as part
C.
DIVISION III
COMMODITY PRODUCTION AND SALE
PART A
LOCAL FARM PRODUCE PROGRAM
Sec. 18. NEW SECTION . 190A.11 Definitions.
As used in this subchapter, unless the context otherwise
requires:
1. “Department” means the department of agriculture and land
stewardship.
2. “Farm source” means a farmer who produces and sells fresh
farm produce grown on the farmer’s land or a distributor of
fresh farm produce who purchases fresh farm produce directly
from such farmer or sells fresh farm produce on behalf of such
farmer.
3. “Fresh farm produce” means vegetables, fruits, or nuts
intended for inclusion as part of a school diet, including
school meals and snacks as described in section 190A.3, if the
vegetables, fruits, or nuts are not processed except for being
trimmed, cleaned, dried, sorted, or packaged.
4. “Fund” means the local farm produce fund created in
section 190A.12.
5. “Program” means the local farm produce program created
in section 190A.13.
6. “School” means a public school or nonpublic school, as
those terms are defined in section 280.2, or that portion of a
public school or nonpublic school that provides facilities for
teaching any grade from kindergarten through grade twelve.
7. “School district” means a school district as described
in chapter 274.
Sec. 19. NEW SECTION . 190A.12 Local farm produce fund.
1. A local farm produce fund is created in the state
treasury under the management and control of the department.
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2. The fund shall include moneys appropriated to the fund
by the general assembly. The fund may include other moneys
available to and obtained or accepted by the department,
including moneys from public or private sources.
3. Moneys in the fund are appropriated to support the
program in a manner determined by the department, including for
reasonable administrative costs incurred by the department.
Moneys expended from the fund shall not require further special
authorization by the general assembly.
4. a. Notwithstanding section 12C.7, interest or earnings
on moneys in the fund shall be credited to the fund.
b. Notwithstanding section 8.33, moneys credited to the
fund that remain unencumbered or unobligated at the end of a
fiscal year shall not revert but shall remain available for the
purposes designated.
Sec. 20. NEW SECTION . 190A.13 Local farm produce program.
1. A local farm produce program is created. The program
shall be controlled and administered by the department.
2. The purpose of the program is to assist schools and
school districts in purchasing fresh farm produce.
3. The department shall reimburse a school or school
district for expenditures incurred by the school or school
district during the school year in which the school or school
district is participating in the program for purchases of fresh
farm produce.
4. A school or school district must apply each year to the
department to participate in the program according to rules
adopted by the department pursuant to chapter 17A.
5. To be eligible to participate in the program, a school or
school district must purchase the fresh farm produce directly
from a farm source as follows:
a. Except as provided in paragraph “b” , the farm source must
be located in this state.
b. If the school district shares a border with another
state, or the school is part of a school district that shares
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a border with another state, the farm source may be located
in the other state. However, the food source must be located
within thirty miles from the school district’s border with that
state and the department must approve the purchase.
6. The department shall require proof of purchase prior to
reimbursing the school or school district for the purchase of
fresh farm produce.
7. The department may administer the program in cooperation
with the department of education and the participating school
district or school district in which a participating school is
located.
8. a. The department shall reimburse a participating
school or school district that submits a claim as required
by the department. The department shall pay the claim on a
matching basis with the department contributing one dollar
for every three dollars expended by the school or school
district. However, a school or school district shall not
receive more than one thousand dollars during any year in which
it participates in the program.
b. Notwithstanding paragraph “a” , if the department
determines that there are sufficient moneys in the fund to
satisfy all claims that may be submitted by schools and school
districts, the department shall provide for the distribution
of the available moneys in a manner determined equitable by
the department, which may include a prorated distribution to
participating schools and school districts.
PART B
FERTILIZERS AND SOIL CONDITIONERS
Sec. 21. Section 200.3, subsection 24, Code 2020, is amended
by striking the subsection.
Sec. 22. Section 200.14, Code 2020, is amended to read as
follows:
200.14 Rules.
1. a. The secretary is authorized, after public hearing,
following due notice, to department may adopt rules setting
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forth pursuant to chapter 17A providing minimum general
safety standards for the design, construction, location,
installation , and operation of equipment for storage, handling,
transportation by tank truck or tank trailer, and utilization
of anhydrous ammonia fertilizers and soil conditioners .
a. b. The rules shall be such as are reasonably necessary
for the protection and safety of the public and persons using
anhydrous ammonia fertilizers or soil conditioners , and shall
be in substantial conformity with the generally accepted
standards of safety.
b. Rules that are in substantial conformity with the
published standards of the agricultural ammonia institute for
the design, installation and construction of containers and
pertinent equipment for the storage and handling of anhydrous
ammonia, shall be deemed to be in substantial conformity with
the generally accepted standards of safety.
2. c. Anhydrous ammonia Fertilizer and soil conditioner
equipment shall be installed and maintained in a safe operating
condition and in conformity with rules adopted by the secretary
department .
3. 2. The secretary shall enforce this chapter and, after
due publicity and due public hearing, department may adopt such
reasonable rules as may be necessary in order to carry into
effect the purpose , and intent and to secure the efficient
administration , of this chapter .
4. 3. This chapter does not prohibit the use of storage
tanks smaller than transporting tanks nor the transfer of all
kinds of fertilizer including anhydrous ammonia fertilizers
or soil conditioners directly from transporting tanks to
implements of husbandry, if proper safety precautions are
observed.
DIVISION IV
WEIGHTS AND MEASURES
PART A
GENERAL
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Sec. 23. Section 214.1, Code 2020, is amended by adding the
following new subsection:
NEW SUBSECTION . 7. “Weighmaster” means a person who keeps
and regularly uses a commercial weighing and measuring device
to accurately weigh objects for others as part of the person’s
business operated on a profit, cooperative, or nonprofit basis.
Sec. 24. Section 214.3, subsection 1, Code 2020, is amended
to read as follows:
1. The A license issued by the department for the inspection
of a commercial weighing and measuring device shall expire on
December 31 of each year, and for a motor fuel pump on June 30
of each year. The amount of the fee due for each license shall
be as provided in subsection 3 , except that the fee for a motor
fuel pump shall be four dollars and fifty cents if paid within
one month from the date the license is due.
Sec. 25. Section 214.3, subsection 3, paragraph e,
subparagraph (2), Code 2020, is amended to read as follows:
(2) Retail motor fuel pump, nine four dollars and fifty
cents .
Sec. 26. Section 214.4, subsection 1, unnumbered paragraph
1, Code 2020, is amended to read as follows:
If the department does not receive payment of the license
fee required pursuant to section 214.3 within one month from
the due date, the department shall send deliver a notice to
the owner or operator of the device. The notice shall be
delivered by certified mail. The notice shall state all of the
following:
Sec. 27. Section 214.6, Code 2020, is amended to read as
follows:
214.6 Oath Duties of weighmasters weighmaster .
All persons keeping a commercial weighing and measuring
device, before entering upon their duties as weighmasters, A
weighmaster shall be sworn before some person having authority
to administer oaths, to keep their ensure that a commercial
weighing and measuring device is correctly balanced , to make
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true weights, and to shall render a correct account to the
person having weighing done.
Sec. 28. Section 214.11, Code 2020, is amended to read as
follows:
214.11 Inspections —— recalibrations —— penalty.
1. The department shall provide for annual inspections
of all motor fuel pumps, including but not limited to motor
fuel blender pumps, licensed under this chapter . Inspections
shall be for the purpose of determining the accuracy of the
pumps’ measuring mechanisms, and for such and correctness of
motor fuel pumps. For that purpose the department’s inspectors
may enter upon the premises of any wholesale dealer or retail
dealer , as they are defined in section 214A.1 , of motor fuel
or fuel oil within this state .
2. Upon completion of an inspection, the inspector shall
affix the department’s seal to the measuring mechanism of the
motor fuel pump. The seal shall be appropriately marked,
dated, and recorded by the inspector. If the owner of an
inspected and sealed motor fuel pump is registered with the
department as a servicer in accordance with section 215.23 ,
or employs a person so registered as a servicer, the owner
or other servicer may open the motor fuel pump, break the
department’s seal, recalibrate the measuring mechanism if
necessary, and reseal the motor fuel pump as long as the
department is notified of the recalibration within forty-eight
hours, on a form in a manner provided by the department.
2. 3. A person violating a provision of this section is,
upon conviction, guilty of a simple misdemeanor.
PART B
MOTOR FUEL
Sec. 29. Section 214A.2A, subsection 1, Code 2020, is
amended to read as follows:
1. Fuel which is sold or is kept, offered, or exposed for
sale as kerosene shall be labeled as kerosene. The label
shall include the word “kerosene” and a or the designation as
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either “K1” or “K2” “K1 kerosene” , and shall indicate that
the kerosene is in compliance with the standard specification
adopted by A.S.T.M. international specification D3699 (1982).
Sec. 30. REPEAL. Sections 214A.3 and 214A.15, Code 2020,
are repealed.
PART C
INSPECTIONS
Sec. 31. Section 215.4, Code 2020, is amended to read as
follows:
215.4 Tag for inaccurate or incorrect device —— reinspection
—— license fee.
A commercial weighing and measuring device found to be
inaccurate or incorrect upon inspection by the department
shall be rejected or tagged “condemned until repaired” and
the “licensed for commercial use” inspection sticker shall be
removed. If notice is received by the department that the
device has been repaired and upon reinspection the device is
found to be accurate or correct, the a license fee shall not
may be charged for the reinspection. However, a second license
fee shall be charged if upon reinspection the device is found
to be inaccurate. The device shall be tagged “condemned” and
removed from service if a third reinspection fails.
Sec. 32. Section 215.7, Code 2020, is amended to read as
follows:
215.7 Transactions by false weights or measures.
1. A person shall be deemed to have violated the provisions
of this chapter and shall be punished as provided in chapter
189 , if the person does any of the following apply :
1. a. The person sells Sells , trades, delivers, charges
for, or claims to have delivered to a purchaser an amount
of any commodity which is less in weight or measure than
that which is asked for, agreed upon, claimed to have been
delivered, or noted on the delivery ticket.
2. b. The person makes Makes a settlement for or enters
a credit, based upon any false weight or measurement, for any
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commodity purchased.
3. c. The person makes Makes a settlement for or enters
a credit, based upon any false weight or measurement, for any
labor where the price of producing or mining is determined by
weight or measure.
4. d. The person records Records a false weight or
measurement upon the weight ticket or book.
2. The department may adopt rules pursuant to chapter 17A
that allow for reasonable variations and exceptions for small
packages.
3. A person who violates this section is guilty of a simple
misdemeanor.
Sec. 33. Section 215.23, Code 2020, is amended to read as
follows:
215.23 Servicer’s license.
1. A servicer shall not install, service, or repair a
commercial weighing and measuring device until the servicer
has demonstrated that the servicer has available adequate
testing equipment, and that the servicer possesses a working
knowledge of all devices the servicer intends to install or
repair and of all appropriate weights, measures, statutes, and
rules, as evidenced by passing a qualifying examination to
be conducted by the department and obtaining a license. The
secretary of agriculture shall establish by rule pursuant to
chapter 17A , requirements for and contents of the examination.
The department may adopt rules pursuant to chapter 17A setting
forth qualification requirements for persons applying for a
servicer’s license, including an examination.
2. In determining these a servicer’s qualifications, the
secretary shall department may consider the specifications
of the United States national institute of standards and
technology, handbook 44, “Specifications, Tolerances, and
Technical Requirements for Weighing and Measuring Devices”,
or the current successor or equivalent specifications adopted
by the United States national institute of standards and
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technology.
3. The secretary shall department may require an annual the
payment of license fee of not more than five dollars for an
amount established by rule for each license issued under this
section .
4. Each A license shall expire one year two years from its
date of issuance.
Sec. 34. REPEAL. Sections 215.3 and 215.8, Code 2020, are
repealed.
EXPLANATION
The inclusion of this explanation does not constitute agreement with
the explanation’s substance by the members of the general assembly.
GENERAL. This bill amends, enacts, or repeals a number
of provisions administered or regulated by the department of
agriculture and land stewardship (DALS) as codified in Title V
of the Code, including in subtitle 1, which includes a number
of general provisions, subtitle 2, which includes provisions
regulating animal industry, and subtitle 4, which provides for
agricultural commodities and products in addition to related
activities.
SUBTITLE 1 —— ADMINISTRATION. The bill eliminates a
requirement that DALS maintain a marketing news service
bureau, but retains a requirement that it cooperate with the
agricultural marketing service of the United States department
of agriculture (Code section 159.5).
SUBTITLE 2 —— COMMERCIAL ESTABLISHMENTS. The bill
eliminates a requirement that an application form for the
issuance or renewal of an authorization to operate a commercial
establishment include the applicant’s identification number,
which may be a tax identification number. It also requires a
person applying for a state license to present DALS with a form
of identification (Code section 162.2A).
CONTROL OF CONTAGIOUS AND INFECTIOUS DISEASES. The bill
provides that DALS may seize one or more abandoned animals
pursuant to an authorization providing emergency measures
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to prevent or control the transmission of an infectious
or contagious disease (disease) among livestock or other
agricultural animals (animals) that have been abandoned.
The authorization may be made pursuant to a declaration or
proclamation issued by the governor, an order issued by the
secretary of agriculture, or another provision of law. As
part of a seizure, DALS may seize and maintain the animal upon
providing notice of the abandonment to identifiable interested
persons (an owner or secured creditor). The disposition
of the seized animal must be made by a court, unless DALS
determines that exigent circumstances exist. In that case, the
dispositional proceeding may be conducted by an administrative
law judge. The court or administrative law judge may award
DALS expenses and costs. DALS may use moneys available in the
livestock remediation fund (Code section 459.501) to pay for
expenses related to the seizure. Moneys in the fund may also
be used to pay for court costs, reasonable attorney fees, and
expenses related to the investigation and prosecution of the
case arising from the seizure.
The bill prohibits a person from interfering with an
official act of DALS taken in the performance of a duty to
prevent or control the transmission of a disease, if the action
is related to a veterinary emergency preparedness and response
service (Code section 163.3A), a foreign animal disease
preparedness and response strategy (Code section 163.3C), or an
emergency measure as provided in the bill (Code section 163.3D
or 163.3E). A person who violates the provision is subject to
a civil penalty of at least $100 but not more than $10,000,
with each day of the offense constituting a separate violation,
so long as the total amount does not exceed $250,000 (Code
section 163.61).
STATE PSEUDORABIES ADVISORY COMMITTEE. The bill eliminates
the state pseudorabies advisory committee. The committee was
established in 1989 during the outbreak of the disease to
provide education to persons interested in pork production, to
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advise the department, and to maintain communication with other
states and organizations (Code section 166D.3).
SUBTITLE 4 —— LOCAL FARM PRODUCE PROGRAM. The bill creates
a local farm produce program to assist schools and school
districts purchasing fresh farm produce directly from farmers
or distributors of fresh farm produce (Code chapter 190A).
DALS may reimburse a school or school district for expenditures
on such products to the extent moneys are available to support
the program. The available moneys would be allocated during
the school year on a matching basis, subject to a $1,000 cap.
The bill also creates a local farm produce fund to support the
program.
FERTILIZERS AND SOIL CONDITIONERS. The bill authorizes DALS
to adopt rules regulating the design, construction, location,
installation, and operation of equipment associated with
the use of fertilizers and soil conditioners (Code sections
200.3 and 200.14). Current law allows DALS to adopt such
rules regulating anhydrous ammonia equipment. The bill also
eliminates a requirement that such rules be in conformity with
the published standards of the agricultural ammonia institute.
A person violating such rules is guilty of a simple misdemeanor
(Code section 200.18).
WEIGHTS AND MEASURES (GENERAL). The bill amends a number
of provisions regulating weights and measures, including the
inspection of associated devices. The bill reduces the fee
for the inspection of motor fuel pumps from $9 to $4.50 (the
same amount due under current law if the inspection fee is paid
early) (Code section 214.3). The bill no longer requires that
DALS deliver a late payment notice to an owner or operator of
a device by certified mail (Code section 214.4). The bill
eliminates a requirement that a weighmaster (a person who keeps
and uses a device as part of a business) must take an oath (Code
sections 214.1 and 214.6).
WEIGHTS AND MEASURES (MOTOR FUEL). The bill revises
requirements for the labeling of kerosene (Code section
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214A.2A). The bill repeals a provision providing for the
advertising of motor fuel (Code section 214A.3). The bill also
repeals a provision prohibiting a person from placing gasoline
into a receptacle, unless the receptacle states a warning (Code
section 214A.15).
WEIGHTS AND MEASURES (INSPECTIONS). The bill provides that
DALS may but is no longer required to charge a license fee for
a device that has been taken out of service due to a repair
and reinspected (Code section 215.4). The bill allows DALS
to make an exception in a case where a commercial transaction
involves a small package, and the person would otherwise be
guilty of a simple misdemeanor because the person stated
a false weight or measure (Code section 215.7). The bill
provides for the regulation of a servicer (a person employed
to install, service, or repair a device), by eliminating
an examination requirement and allowing DALS to require
qualification standards which may include an examination
(Code sections 215.1 and 215.23). The bill provides for a
two-year rather than annual servicer license and allows DALS to
establish the license fee. The annual license fee is currently
$5. The bill eliminates a provision that allows DALS to charge
a complaining party an inspection fee, if the complaint was
unfounded (Code section 215.3). The bill repeals a provision
that authorizes DALS to establish reasonable variances in the
weighing and measuring of small packages (Code section 215.8).
That qualification is incorporated in the amendments to the
provision regulating small package transactions (Code section
215.7).
CRIMINAL PENALTIES. A simple misdemeanor is punishable by
confinement for no more than 30 days or a fine of at least $65
but not more than $625 or by both.
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