Bill Text: IA HF2641 | 2023-2024 | 90th General Assembly | Enrolled
Bill Title: A bill for an act relating to agriculture, by providing for the administration of programs and regulations, making appropriations, providing penalties, and including effective date provisions. (Formerly HF 2510, HSB 560.) Effective date: Enactment, 05/17/2024, 07/01/2024, 12/31/2024.
Spectrum: Committee Bill
Status: (Passed) 2024-05-17 - Signed by Governor. H.J. 939. [HF2641 Detail]
Download: Iowa-2023-HF2641-Enrolled.html
House
File
2641
-
Enrolled
House
File
2641
AN
ACT
RELATING
TO
AGRICULTURE,
BY
PROVIDING
FOR
THE
ADMINISTRATION
OF
PROGRAMS
AND
REGULATIONS,
MAKING
APPROPRIATIONS,
PROVIDING
PENALTIES,
AND
INCLUDING
EFFECTIVE
DATE
PROVISIONS.
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
DIVISION
I
IOWA-FOALED
HORSES
Section
1.
Section
99D.22,
subsection
2,
paragraph
b,
subparagraph
(3),
Code
2024,
is
amended
to
read
as
follows:
(3)
(a)
Continuous
For
a
thoroughbred
foal,
continuous
residency
from
December
31
15
until
the
foal
is
inspected
if
the
mare
was
bred
by
other
than
an
Iowa
registered
stallion
and
is
not
bred
back
to
an
Iowa
registered
stallion.
(b)
For
a
standardbred
foal
or
quarter
horse
foal,
continuous
residency
from
January
31
until
the
foal
is
inspected
if
the
mare
was
bred
by
other
than
an
Iowa
registered
stallion
and
is
not
bred
back
to
an
Iowa
registered
stallion.
DIVISION
II
AGRICULTURAL
MARKETING
Sec.
2.
Section
159.20,
subsection
2,
Code
2024,
is
amended
to
read
as
follows:
2.
The
department
shall
establish
and
administer
a
choose
Iowa
promotional
program
as
provided
in
part
2
of
this
subchapter
,
in
order
to
provide
consumers
a
choice
in
programs
that
advance
the
purchasing
food
items
of
agricultural
commodities
produced
on
Iowa
farms
and
Iowa
products
that
House
File
2641,
p.
2
originate
as
an
agricultural
commodity
commodities
produced
on
Iowa
farms
under
this
title,
including
chapter
187
.
Sec.
3.
Section
159.20,
subsection
3,
unnumbered
paragraph
1,
Code
2024,
is
amended
to
read
as
follows:
As
used
in
this
subchapter
section
:
Sec.
4.
Section
159.28,
Code
2024,
is
amended
to
read
as
follows:
159.28
Choose
Iowa
promotional
program.
1.
The
department
shall
establish
and
administer
a
choose
Iowa
promotional
program
to
advertise
for
retail
sale
on
a
retail
basis
a
food
item
that
originates
as
an
agricultural
commodity
produced
on
an
Iowa
farm,
and
an
Iowa
product
that
may
include
any
of
the
following:
a.
An
agricultural
commodity
produced
on
an
Iowa
farm
,
except
that
it
may
be
prepared
for
sale
by
washing
or
packaging
in
this
state.
b.
A
product,
if
it
is
An
agricultural
commodity
processed
in
this
state
and
any
of
its
ingredients
,
if
its
components
originate
as
an
agricultural
commodity
produced
on
an
Iowa
farm.
2.
a.
The
department
may
adopt
rules
further
defining
an
Iowa
farm
,
Iowa
agricultural
commodity,
and
Iowa
product;
and
describing
how
an
Iowa
agricultural
commodity
originates
on
an
Iowa
farm.
b.
The
department
may
adopt
rules
providing
for
the
acceptable
use
of
ingredients
originating
a
component
that
originates
from
an
agricultural
commodities
commodity
not
produced
on
an
Iowa
farms
farm
.
In
adopting
the
rules,
the
department
may
consider
whether
the
ingredient
component
is
an
incidental
additive
or
other
component
that
the
department
determines
is
or
insignificant
part
of
an
Iowa
product
.
Sec.
5.
Section
159.29,
subsections
1
and
5,
Code
2024,
are
amended
to
read
as
follows:
1.
As
part
of
the
choose
Iowa
promotional
program,
the
department
may
establish
a
choose
Iowa
logo
to
identify
a
food
item
originating
as
an
agricultural
commodity
produced
on
an
Iowa
farm
an
Iowa
product
.
5.
The
use
of
a
choose
Iowa
logo
does
not
do
any
of
the
following:
House
File
2641,
p.
3
a.
Provide
an
express
or
implied
guarantee
or
warranty
concerning
the
safety,
fitness,
merchantability,
or
use
of
a
food
item
product
.
b.
Supersede,
revise,
or
replace
a
state
or
federal
labeling
requirement,
including
but
not
limited
to
a
provision
in
the
federal
Fair
Packaging
and
Labeling
Act,
15
U.S.C.
§1451
et
seq.
c.
Indicate
the
grade,
specification,
standard,
or
value
of
any
food
item
agricultural
commodity,
component,
or
product
.
Sec.
6.
Section
159.31,
subsections
1,
2,
and
3,
Code
2024,
are
amended
to
read
as
follows:
1.
A
choose
Iowa
fund
is
established
created
in
the
state
treasury
under
the
management
and
control
of
the
department.
2.
The
fund
shall
include
moneys
collected
as
fees
by
the
department
as
provided
in
section
159.30
187.303
,
moneys
appropriated
by
the
general
assembly,
and
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
the
department
and
shall
be
used
exclusively
to
carry
out
the
provisions
of
this
part
administer
the
programs
created
in
this
subchapter
as
determined
and
directed
by
the
department,
and
shall
not
require
further
special
authorization
by
the
general
assembly.
Sec.
7.
Section
159.31A,
Code
2024,
is
amended
to
read
as
follows:
159.31A
Dairy
innovation
fund
and
revitalization
program.
1.
As
used
in
this
section
unless
the
context
otherwise
requires:
a.
“Financial
assistance”
means
assistance
provided
only
from
the
moneys
and
assets
legally
available
to
the
department
pursuant
to
this
section
and
includes
assistance
in
the
form
of
grants,
low-interest
loans,
and
forgivable
loans.
b.
“Fund”
means
the
dairy
innovation
fund.
c.
“Located
in”
means
the
place
or
places
at
which
a
business’s
operations
are
located
and
where
at
least
ninety-eight
percent
of
the
business’s
employees
work,
or
where
employees
that
are
paid
at
least
ninety-eight
percent
of
the
business’s
payroll
work.
d.
“Program”
means
the
dairy
innovation
program.
House
File
2641,
p.
4
2.
a.
The
fund
is
created
in
the
state
treasury
under
the
control
of
the
department
and
consists
of
any
moneys
appropriated
to
the
fund
by
the
general
assembly
and
any
other
moneys
available
to
or
obtained
or
accepted
by
the
department
for
placement
in
the
fund.
Moneys
in
the
fund
are
appropriated
to
the
department
to
award
financial
assistance
as
provided
under
the
program.
The
department
shall
use
any
moneys
specifically
appropriated
for
purposes
of
this
section
only
for
the
purposes
of
the
program.
b.
Notwithstanding
section
8.33
,
moneys
in
the
fund
that
remain
unencumbered
or
unobligated
at
the
close
of
the
fiscal
year
shall
not
revert
but
shall
remain
available
for
expenditure
for
the
purposes
designated
until
the
close
of
the
succeeding
fiscal
year.
1.
A
dairy
innovation
and
revitalization
program
is
created
within
the
department.
The
purpose
of
the
program
is
to
promote
the
development,
modernization,
and
expansion
of
this
state’s
dairy
industry.
3.
2.
The
In
administering
the
program,
the
department
shall
establish
and
administer
the
program
for
the
purpose
of
awarding
award
financial
assistance
to
eligible
businesses
engaged
in
to
support
projects
that
do
one
or
more
of
the
following:
a.
Expand
or
refurbish
existing
milk
plants
or
establish
a
new
milk
plant,
operating
pursuant
to
a
permit
issued
pursuant
to
section
192.111
or
194.3A
.
b.
Expand
or
refurbish
existing
mobile
dairy
processing
units,
or
establish
new
mobile
dairy
processing
units.
c.
Rent
buildings,
refrigeration
facilities,
or
freezer
facilities,
or
equipment
necessary
to
expand
dairy
processing
capacity,
including
mobile
dairy
or
refrigeration
units
used
exclusively
for
dairy
processing.
d.
Incorporate
methods
and
technologies
that
reduce
farm
labor
associated
with
milk
production
and
storage,
including
but
not
limited
to
the
use
of
robotics
and
processes
or
systems
that
operate
using
computerized
equipment
or
machinery.
4.
3.
The
department
shall
establish
eligibility
criteria
for
the
program
by
rule
.
The
eligibility
criteria
must
include
all
of
the
following:
House
File
2641,
p.
5
a.
The
business
must
be
located
in
this
state.
b.
The
business
must
not
have
been
subject
to
any
regulatory
enforcement
action
related
to
federal,
state,
or
local
environmental,
worker
safety,
food
processing,
or
food
safety
laws,
rules,
or
regulations
within
the
last
five
years.
c.
The
business
must
only
employ
individuals
legally
authorized
to
work
in
this
state.
d.
The
business
must
not
currently
be
in
bankruptcy.
e.
The
business
must
employ
less
than
fifty
individuals.
5.
4.
A
An
eligible
business
seeking
financial
assistance
under
this
section
shall
make
application
to
the
department
in
the
manner
and
on
forms
prescribed
by
the
department
by
rule
.
6.
5.
Applications
for
financial
assistance
under
this
section
shall
be
accepted
during
one
or
more
annual
application
periods
to
be
determined
established
by
the
department
by
rule
.
Upon
reviewing
and
scoring
all
applications
that
are
received
during
an
application
period,
and
subject
to
funding
the
availability
of
moneys
,
the
department
may
award
financial
assistance
to
eligible
businesses.
A
financial
assistance
award
shall
not
exceed
the
amount
of
eligible
project
costs
included
in
the
eligible
business’s
application.
Priority
shall
be
given
to
eligible
businesses
whose
proposed
project
or
projects
under
subsection
3
will
2
are
most
likely
to
do
any
one
or
more
of
the
following:
a.
Create
new
jobs.
b.
Create
or
expand
opportunities
for
local
small-scale
milk
producers
to
market
pasteurized
milk
and
milk
products
under
private
labels.
c.
Provide
greater
flexibility
or
convenience
for
local
small-scale
farmers
to
have
milk
processed.
d.
Reduce
labor
associated
with
the
on-farm
production
and
storage
of
milk.
7.
6.
A
An
eligible
business
that
is
awarded
financial
assistance
under
this
section
may
apply
for
financial
assistance
under
other
programs
administered
by
the
authority
department
.
8.
The
department
shall
adopt
rules
pursuant
to
chapter
17A
to
administer
this
section
.
Sec.
8.
NEW
SECTION
.
187.101
Short
title.
House
File
2641,
p.
6
This
chapter
shall
be
known
and
may
be
cited
as
the
“Choose
Iowa
Act”
.
Sec.
9.
NEW
SECTION
.
187.102
Definitions.
As
used
in
this
chapter,
unless
the
context
otherwise
requires:
1.
“Agricultural
commodity”
means
an
animal
or
plant,
or
raw
material
originating
from
an
animal
or
plant.
2.
“Component”
means
an
agricultural
commodity
that
is
combined
to
form
a
product
during
processing.
3.
“Department”
means
the
department
of
agriculture
and
land
stewardship.
4.
“Farm”
means
land
and
associated
structures
used
to
produce
an
agricultural
commodity.
5.
a.
“Financial
assistance”
means
support
provided
by
the
department
to
an
eligible
business
under
this
chapter
from
moneys
or
other
assets
legally
available
to
the
department.
b.
“Financial
assistance”
includes
any
form
of
grant,
low-interest
loan,
or
forgivable
loan.
6.
“Food
item”
means
an
agricultural
commodity,
or
an
item
processed
from
an
agricultural
commodity,
that
is
fit
for
human
consumption.
7.
“Fund”
means
the
choose
Iowa
fund
created
in
section
187.201.
8.
“Horticulture
item”
means
any
of
the
following:
a.
A
nursery,
floral,
or
greenhouse
plant.
b.
A
product
processed
from
a
nursery,
floral,
or
greenhouse
plant,
including
a
seed,
rooting,
cutting,
tissue
culture,
seedling,
or
other
propagation
material.
9.
“Located
in”
means
the
place
or
places
at
which
a
business’s
operations
are
located
and
where
at
least
ninety-eight
percent
of
the
business’s
employees
work,
or
where
employees
that
are
paid
at
least
ninety-eight
percent
of
the
business’s
payroll
work.
10.
“Natural
fiber
item”
means
fiber
originating
from
an
agricultural
commodity
for
use
in
processing,
including
manufacturing
into
a
textile,
apparel,
or
other
similar
product.
11.
“Process”
means
to
prepare
a
product
that
includes
an
agricultural
commodity
alone
or
as
a
component.
House
File
2641,
p.
7
12.
a.
“Product”
means
an
agricultural
commodity
that
in
its
raw
or
processed
state
is
moveable
at
the
time
of
its
retail
sale.
b.
“Product”
includes
but
is
not
limited
to
a
food
item,
horticulture
item,
or
natural
fiber
item.
Sec.
10.
NEW
SECTION
.
187.103
Administration.
The
department
shall
adopt
all
rules
under
chapter
17A
as
it
determines
necessary
or
desirable
to
administer
this
chapter.
Sec.
11.
NEW
SECTION
.
187.321
Value-added
agricultural
grant
program.
A
value-added
agricultural
grant
program
is
created
within
the
department.
The
purpose
of
the
program
is
to
identify,
evaluate,
and
support
projects
and
services
that
add
value
to
agricultural
commodities
produced
on
Iowa
farms,
including
by
supporting
new
technologies
and
marketing
strategies.
Sec.
12.
REPEAL.
Sections
159.26
and
159.27,
Code
2024,
are
repealed.
Sec.
13.
TRANSFER
OF
MONEYS.
1.
Not
later
than
June
30,
2024,
the
balance
of
the
dairy
innovation
fund
created
in
section
159.31A
shall
be
transferred
to
the
choose
Iowa
fund
created
in
section
159.31.
2.
Not
later
than
June
30,
2024,
any
moneys
appropriated
to
the
department
of
agriculture
and
land
stewardship
that
the
department
has
not
expended
as
required
to
support
a
value
added
agriculture
grant
program
shall
be
transferred
to
the
choose
Iowa
fund,
including
moneys
appropriated
in
2022
Iowa
Acts,
chapter
1147,
section
12,
and
2023
Iowa
Acts,
chapter
109,
section
4,
subsection
9.
Sec.
14.
CODE
EDITOR
DIRECTIVE.
1.
The
Code
editor
is
directed
to
make
the
following
transfers:
a.
Section
159.28
to
187.301.
b.
Section
159.29
to
187.302.
c.
Section
159.30
to
187.303.
d.
Section
159.31
to
187.201.
e.
Section
159.31A
to
187.311.
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.
House
File
2641,
p.
8
Sec.
15.
DIRECTIONS
TO
CODE
EDITOR
——
SUBCHAPTERS
AND
PARTS.
The
Code
editor
is
directed
to
divide
the
provisions
of
chapter
187,
as
amended,
enacted,
or
transferred
in
this
division
of
this
Act,
into
subchapters
and
parts
as
follows:
1.
Subchapter
I,
including
sections
187.101
through
187.103.
2.
Subchapter
II,
including
section
187.201.
3.
Subchapter
III,
as
follows:
a.
Part
1,
including
sections
187.301
through
187.303.
b.
Part
2,
including
section
187.311.
c.
Part
3,
including
section
187.321.
Sec.
16.
EFFECTIVE
DATE.
1.
Except
as
provided
in
subsection
2,
this
division
of
this
Act
takes
effect
July
1,
2024.
2.
The
following
section
of
this
division
of
this
Act,
being
deemed
of
immediate
importance,
takes
effect
upon
enactment:
The
section
that
provides
for
the
transfer
of
moneys
to
the
choose
Iowa
fund.
DIVISION
III
COMMERCIAL
ESTABLISHMENTS
Sec.
17.
Section
162.2,
subsection
8,
Code
2024,
is
amended
to
read
as
follows:
8.
“Commercial
breeder”
means
a
person,
engaged
in
the
business
of
breeding
dogs
or
cats,
who
sells,
exchanges,
or
leases
dogs
or
cats
in
return
for
consideration,
or
who
offers
to
do
so,
whether
or
not
the
animals
are
raised,
trained,
groomed,
or
boarded
by
the
person.
A
person
who
owns
or
harbors
three
or
fewer
breeding
males
or
females
is
not
a
commercial
breeder.
However,
a
person
who
breeds
any
number
of
breeding
male
or
female
greyhounds
for
the
purposes
of
using
them
for
pari-mutuel
wagering
at
a
racetrack
as
provided
in
chapter
99D
shall
be
considered
a
commercial
breeder
irrespective
of
whether
the
person
sells,
leases,
or
exchanges
the
greyhounds
for
consideration
or
offers
to
do
so.
Sec.
18.
Section
162.2B,
subsection
1,
paragraph
b,
Code
2024,
is
amended
to
read
as
follows:
b.
For
the
issuance
or
renewal
of
a
state
license
or
permit,
one
hundred
seventy-five
dollars.
However,
a
commercial
breeder
who
owns,
keeps,
breeds,
or
transports
a
greyhound
dog
House
File
2641,
p.
9
for
pari-mutuel
wagering
at
a
racetrack
as
provided
in
chapter
99D
shall
pay
a
different
fee
for
the
issuance
or
renewal
of
a
state
license
as
provided
in
rules
adopted
by
the
department.
Sec.
19.
Section
162.10A,
subsection
2,
Code
2024,
is
amended
to
read
as
follows:
2.
a.
Except
as
provided
in
paragraph
“b”
or
“c”
,
a
commercial
establishment
shall
comply
with
rules
that
the
department
adopts
to
implement
subsection
1
.
A
commercial
establishment
shall
be
regulated
under
this
paragraph
“a”
unless
the
person
is
a
state
licensee
as
provided
in
paragraph
“b”
or
a
permittee
as
provided
in
paragraph
“c”
“b”
.
b.
A
state
licensee
who
is
a
commercial
breeder
owning,
breeding,
transporting,
or
keeping
a
greyhound
dog
for
pari-mutuel
wagering
at
a
racetrack
as
provided
in
chapter
99D
may
be
required
to
comply
with
different
rules
adopted
by
the
department.
c.
b.
A
permittee
is
not
required
to
comply
with
rules
that
the
department
adopts
to
implement
a
standard
of
care
as
provided
in
subsection
1
for
state
licensees
and
registrants.
The
department
may
adopt
rules
regulating
a
standard
of
care
for
a
permittee,
so
long
as
the
rules
are
not
more
restrictive
than
required
for
a
permittee
under
the
Animal
Welfare
Act.
However,
the
department
may
adopt
prescriptive
rules
relating
to
the
standard
of
care.
Regardless
of
whether
the
department
adopts
such
rules,
a
permittee
meets
the
standard
of
care
required
in
subsection
1
if
it
voluntarily
complies
with
rules
applicable
to
state
licensees
or
registrants.
A
finding
by
the
United
States
department
of
agriculture
that
a
permittee
complies
with
the
Animal
Welfare
Act
is
not
conclusive
when
determining
that
the
permittee
provides
a
standard
of
care
required
in
subsection
1
.
Sec.
20.
Section
717B.3,
subsection
2,
paragraph
a,
subparagraph
(2),
subparagraph
divisions
(a)
and
(b),
Code
2024,
are
amended
to
read
as
follows:
(a)
A
state
licensee
or
registrant
operating
pursuant
to
section
162.10A,
subsection
2
,
paragraph
“a”
or
“b”
.
(b)
A
permittee
operating
pursuant
to
section
162.10A,
subsection
2
,
paragraph
“c”
“b”
.
DIVISION
IV
House
File
2641,
p.
10
GRADE
“A”
MILK
Sec.
21.
Section
192.101A,
Code
2024,
is
amended
by
adding
the
following
new
subsections:
NEW
SUBSECTION
.
1A.
“Department”
means
the
department
of
agriculture
and
land
stewardship.
NEW
SUBSECTION
.
5.
“Secretary”
means
the
secretary
of
agriculture.
Sec.
22.
Section
192.109,
Code
2024,
is
amended
to
read
as
follows:
192.109
Certification
of
grade
“A”
label.
The
department
of
agriculture
and
land
stewardship
shall
annually
biennially
conduct
a
survey
and
based
on
that
survey
certify
all
milk
labeled
grade
“A”
pasteurized
and
grade
“A”
raw
milk
for
pasteurization
,
and,
in
.
In
the
event
that
a
survey
shows
the
requirements
for
production,
processing,
and
distribution
for
such
grade
are
not
being
complied
with,
the
that
fact
thereof
shall
be
certified
by
the
department
to
the
secretary
of
agriculture
who
shall
proceed
with
the
provisions
of
section
192.107
for
suspending
the
permit
of
the
violator
or
who,
if
the
secretary
did
not
issue
such
permit,
shall
withdraw
the
grade
“A”
declared
on
the
label.
Sec.
23.
Section
192.111,
subsection
1,
paragraph
a,
subparagraph
(5),
Code
2024,
is
amended
to
read
as
follows:
(5)
A
milk
grader
which
must
obtain
a
milk
grader
permit
and
pay
a
license
permit
fee
not
greater
than
twenty
dollars.
Sec.
24.
Section
192.116,
Code
2024,
is
amended
to
read
as
follows:
192.116
Bacteriologists.
The
department
of
agriculture
and
land
stewardship
may
employ
dairy
specialists
or
bacteriologists
who
shall
devote
their
full
time
to
the
improvement
of
sanitation
in
the
production,
processing
,
and
marketing
of
dairy
products.
Said
The
dairy
specialists
and
bacteriologists
shall
have
qualifications
as
to
education
and
experience
and
such
other
requirements
as
the
secretary
may
require.
Sec.
25.
Section
192.118,
subsection
1,
Code
2024,
is
amended
to
read
as
follows:
1.
To
ensure
uniformity
in
the
tests
and
reporting,
an
employee
certified
by
the
United
States
public
health
service
House
File
2641,
p.
11
of
the
bacteriological
laboratory
of
the
department
shall
annually
certify,
in
accordance
with
rules
adopted
by
the
department
incorporating
or
incorporating
by
reference
the
federal
publication
entitled
“Evaluation
of
Milk
Laboratories”,
all
laboratories
doing
work
in
the
sanitary
quality
of
milk
and
dairy
products
for
public
report.
The
approval
by
the
department
shall
be
based
on
the
evaluation
of
these
laboratories
as
to
personnel
training,
laboratory
methods
used,
and
reporting.
The
results
on
tests
made
by
approved
laboratories
shall
be
reported
to
the
department
on
request,
on
forms
prescribed
by
the
secretary
of
agriculture
,
and
such
reports
may
be
used
by
the
department.
DIVISION
V
FERTILIZERS
AND
SOIL
CONDITIONERS
Sec.
26.
Section
200.3,
subsection
29,
Code
2024,
is
amended
to
read
as
follows:
29.
The
term
“unmanipulated
manures”
means
any
substances
composed
primarily
of
excreta,
plant
remains,
or
mixtures
of
such
substances
which
have
not
been
processed
in
any
manner
other
than
dewatering
.
Sec.
27.
EFFECTIVE
DATE.
This
division
of
this
Act,
being
deemed
of
immediate
importance,
takes
effect
upon
enactment.
DIVISION
VI
HEMP
PART
A
HEMP
REGULATIONS
Sec.
28.
Section
204.2,
subsections
1,
4,
5,
10,
12,
14,
15,
and
16,
Code
2024,
are
amended
by
striking
the
subsections.
Sec.
29.
Section
204.2,
subsection
6,
Code
2024,
is
amended
by
striking
the
subsection
and
inserting
in
lieu
thereof
the
following:
6.
“Department
of
health
and
human
services”
or
“department”
means
the
principal
central
department
established
in
section
7E.5,
subsection
1,
paragraph
“i”
.
Sec.
30.
Section
204.2,
subsection
9,
Code
2024,
is
amended
by
striking
the
subsection
and
inserting
in
lieu
thereof
the
following:
9.
“Hemp”
means
the
same
as
defined
in
section
204A.2.
Sec.
31.
Section
204.7,
subsections
1,
2,
3,
4,
5,
6,
and
7,
House
File
2641,
p.
12
Code
2024,
are
amended
by
striking
the
subsections.
Sec.
32.
Section
204.8,
Code
2024,
is
amended
by
striking
the
section
and
inserting
in
lieu
thereof
the
following:
204.8
Hemp
——
testing
requirements
and
certificate
of
analysis.
For
purposes
of
this
chapter,
requirements
for
testing
hemp
and
the
issuance
of
a
certificate
of
analysis
for
hemp
are
governed
by
chapter
204A.
Sec.
33.
Section
204.12,
subsection
2,
Code
2024,
is
amended
by
striking
the
subsection.
Sec.
34.
Section
204.14,
subsections
2
and
3,
Code
2024,
are
amended
to
read
as
follows:
2.
a.
Except
as
provided
in
paragraph
“b”
,
the
The
person
is
required
to
hold
a
certificate
of
analysis
to
possess,
handle,
use,
manufacture,
market,
transport,
deliver,
or
distribute
hemp
that
has
been
harvested
under
this
chapter
.
b.
The
person
is
required
to
hold
a
temporary
harvest
and
transportation
permit
to
possess,
harvest,
or
move
hemp.
3.
The
person
knowingly
or
intentionally
does
any
of
the
following:
a.
Falsifies
the
temporary
harvest
and
transportation
permit
or
a
certificate
of
analysis.
b.
Acquires
the
temporary
harvest
and
transportation
permit
or
a
certificate
of
analysis
that
the
person
knows
has
been
falsified.
Sec.
35.
Section
204.15,
Code
2024,
is
amended
by
striking
the
section
and
inserting
in
lieu
thereof
the
following:
204.15
Negligent
violation
program.
A
USDA
licensee
who
is
participating
in
or
has
successfully
completed
the
program
for
negligent
violations
as
provided
in
7
C.F.R.
§990.29
shall
not
be
subject
to
a
criminal
offense
under
chapter
124
or
453B
for
committing
an
act
that
otherwise
would
constitute
the
offense.
Sec.
36.
Section
204.17,
subsection
1,
Code
2024,
is
amended
by
striking
the
subsection.
Sec.
37.
Section
204.17,
subsection
6,
Code
2024,
is
amended
by
striking
the
subsection
and
inserting
in
lieu
thereof
the
following:
6.
Nothing
in
this
chapter
shall
be
construed
or
applied
House
File
2641,
p.
13
to
affect
a
statute
or
rule
which
applies
to
an
article
under
this
chapter,
if
it
would
apply
in
the
same
manner
as
to
other
articles
subject
to
the
same
general
regulation
in
other
chapters.
Sec.
38.
NEW
SECTION
.
204A.2
Definitions.
As
used
in
this
chapter,
unless
the
context
otherwise
requires:
1.
“Acceptable
hemp
THC
level”
means
the
same
as
defined
in
7
C.F.R.
§990.1.
2.
“Cannabis”
means
the
same
as
defined
in
7
C.F.R.
§990.1.
3.
“Controlled
substance”
means
the
same
as
defined
in
section
124.101.
4.
“Delta-9
tetrahydrocannabinol”
or
“THC”
means
the
same
as
defined
in
7
C.F.R.
§990.1.
5.
“Department”
means
the
department
of
agriculture
and
land
stewardship.
6.
“Federal
hemp
law”
means
7
U.S.C.
§1639o,
1639q,
and
1639r,
together
with
the
domestic
hemp
production
program
as
provided
in
7
C.F.R.
pt.
990.
7.
“Hemp”
means
the
same
as
defined
in
7
C.F.R.
§990.1.
8.
“Local
law
enforcement
agency”
means
an
office
of
county
sheriff
or
a
municipal
police
department.
9.
“Lot”
means
the
same
as
defined
in
7
C.F.R.
§990.1.
10.
“Total
THC”
means
the
same
as
defined
in
7
C.F.R.
§990.1.
11.
“USDA
licensee”
means
the
same
as
defined
in
7
C.F.R.
§990.1.
Sec.
39.
NEW
SECTION
.
204A.3
Administration
——
rules.
The
department
may
adopt
rules
that
it
deems
necessary
to
administer
and
enforce
this
chapter.
The
rules
shall
comply
with
the
federal
hemp
law,
or
requirements
of
the
United
States
department
of
agriculture
acting
under
the
federal
hemp
law.
Sec.
40.
NEW
SECTION
.
204A.4
Criminal
offenses.
A
criminal
offense
involving
hemp
includes
but
is
not
limited
to
production,
use,
harvest,
transportation,
delivery,
distribution,
or
sale
of
cannabis
as
a
controlled
substance
except
as
otherwise
provided
in
this
chapter
and
chapter
204.
Sec.
41.
NEW
SECTION
.
204A.5
Hemp
production.
1.
Except
to
the
extent
otherwise
provided
in
the
federal
House
File
2641,
p.
14
hemp
law,
or
by
the
United
States
department
of
agriculture
acting
under
the
federal
hemp
law,
this
chapter
does
not
affect
the
powers
and
duties
of
the
state,
including
the
department
of
public
safety
or
a
local
law
enforcement
agency,
to
investigate
or
prosecute
a
person
for
a
violation
of
a
criminal
offense,
including
an
act
in
violation
of
chapter
124
or
453B.
2.
a.
Except
to
the
extent
otherwise
provided
in
the
federal
hemp
law,
or
by
the
United
States
department
of
agriculture
acting
under
the
federal
hemp
law,
the
department
of
public
safety
may
require
a
USDA
licensee
to
submit
to
the
department
of
public
safety
any
of
the
following:
(1)
A
notice
that
the
United
States
department
of
agriculture’s
lot
includes
cannabis
that
exceeds
the
acceptable
hemp
THC
level
and
a
description
of
the
noncompliant
plant’s
disposal
as
required
in
7
C.F.R.
§990.27.
(2)
A
corrective
action
plan
filed
with
the
United
States
department
of
agriculture
to
cure
the
negligent
violation
as
required
in
7
C.F.R.
§990.27.
(3)
A
notice
of
the
United
States
department
of
agriculture’s
license
suspension
under
7
C.F.R.
§990.30
or
United
States
department
of
agriculture’s
license
revocation
under
7
C.F.R.
§990.31.
(4)
A
report
or
record
required
to
be
submitted
to
the
United
States
department
of
agriculture
as
part
of
participation
in
the
domestic
hemp
program
as
provided
in
7
C.F.R.
§990.32.
b.
Any
data
or
business
information
designated
as
confidential
by
the
United
States
department
of
agriculture
under
this
subsection
and
received
by
a
government
body
as
defined
in
section
22.1
shall
be
a
confidential
record
under
chapter
22
and
subject
to
any
restrictions
imposed
by
the
United
States
department
of
agriculture.
Sec.
42.
NEW
SECTION
.
204A.6
Hemp
transportation.
Except
to
the
extent
otherwise
provided
in
the
federal
hemp
law,
including
7
C.F.R.
§990.25,
or
by
the
United
States
department
of
agriculture
acting
under
the
federal
hemp
law,
a
person
transporting
hemp
seed
or
harvested
hemp
in
this
state,
on
an
intrastate
or
interstate
basis,
is
subject
to
all
of
the
following
public
safety
requirements:
House
File
2641,
p.
15
1.
If
the
person
is
licensed
under
7
C.F.R.
ch.
990,
subpt.
B
or
C,
the
person
must
carry
a
copy
of
that
license.
2.
The
person
must
carry
a
certificate
of
analysis.
3.
The
person
must
carry
a
bill
of
lading
under
all
of
the
following
circumstances:
a.
The
person
is
in
possession
of
the
hemp
in
transit
to
transfer
ownership.
b.
The
person
is
delivering
cannabis
seed
for
planting
and
the
seed
is
not
of
the
licensee’s
own
production.
c.
A
person
brings
hemp
produced
in
another
state
into
or
through
this
state.
Sec.
43.
NEW
SECTION
.
204A.9
Statutory
construction.
1.
Nothing
in
this
chapter
shall
be
construed
or
applied
to
be
less
stringent
than
required
under
the
federal
hemp
law.
2.
Nothing
in
this
chapter
shall
be
construed
or
applied
to
be
in
conflict
with
applicable
federal
law
and
related
regulations.
3.
Nothing
in
this
chapter
shall
be
construed
or
applied
to
infringe
upon
the
ability
of
the
department
of
public
safety
or
a
local
law
enforcement
agency
to
obtain
a
search
warrant
issued
by
a
court,
or
enter
onto
any
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.
4.
Nothing
in
this
chapter
shall
be
construed
or
applied
to
affect
a
statute
or
rule
which
applies
to
an
article
under
this
chapter,
if
it
would
apply
in
the
same
manner
as
to
other
articles
subject
to
the
same
general
regulation
in
other
chapters.
Sec.
44.
REPEAL.
Sections
204.3,
204.4,
204.5,
204.6,
204.9,
204.10,
204.11,
204.13,
and
204.16,
Code
2024,
are
repealed.
Sec.
45.
CODE
EDITOR
DIRECTIVE.
1.
The
Code
editor
is
directed
to
make
the
following
transfers:
a.
Section
204.1
to
section
204A.1.
b.
Section
204.14
to
section
204A.7.
c.
Section
204.15
to
section
204A.8.
House
File
2641,
p.
16
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.
PART
B
CORRESPONDING
CHANGES
Sec.
46.
Section
124.201A,
subsection
4,
Code
2024,
is
amended
to
read
as
follows:
4.
Any
cannabis-derived
investigational
product
or
cannabis-derived
product
approved
as
a
prescription
drug
medication
by
the
United
States
food
and
drug
administration
shall
not
be
considered
marijuana
or
cannabimimetic
agents,
both
as
defined
in
section
124.204
,
tetrahydrocannabinols
as
used
in
section
124.204,
subsection
4
,
paragraph
“u”
,
unnumbered
paragraph
1,
or
hemp
as
defined
in
section
204.2
204A.2
.
Sec.
47.
Section
124.204,
subsection
7,
paragraph
a,
Code
2024,
is
amended
to
read
as
follows:
a.
Hemp
as
defined
in
section
204.2
204A.2,
including
hemp
that
is
or
was
produced
in
this
state,
or
was
produced
in
another
state
,
in
accordance
with
the
provisions
of
chapter
204
the
federal
hemp
law
as
defined
in
chapter
204A,
with
a
maximum
delta-9
tetrahydrocannabinol
concentration
that
does
not
exceed
three-tenths
of
one
percent
on
a
dry
weight
basis.
Sec.
48.
Section
124.401,
subsection
6,
paragraph
a,
Code
2024,
is
amended
by
striking
the
paragraph
and
inserting
in
lieu
thereof
the
following:
a.
Hemp
that
is
hemp
seed,
including
hemp
seed
delivered
for
planting
at
a
lot
by
a
USDA
licensee
or
hemp
that
is
or
was
produced
at
a
lot
by
a
USDA
licensee,
in
accordance
with
the
provisions
of
the
federal
hemp
law,
as
those
terms
are
defined
in
chapter
204A.
Sec.
49.
Section
124.401G,
Code
2024,
is
amended
by
striking
the
section
and
inserting
in
lieu
thereof
the
following:
124.401G
Iowa
hemp
Act
—
negligent
violation
program.
Notwithstanding
any
provision
of
this
chapter
to
the
contrary,
a
person
shall
not
be
guilty
of
an
offense
under
this
chapter,
including
under
section
124.401
or
124.410,
for
producing,
possessing,
using,
harvesting,
handling,
manufacturing,
marketing,
transporting,
delivering,
or
House
File
2641,
p.
17
distributing
the
plant
cannabis,
to
the
extent
that
the
person
is
a
USDA
licensee
acting
in
accordance
with
the
federal
hemp
law,
as
those
terms
are
defined
in
chapter
204A.
Sec.
50.
Section
124.506,
subsection
5,
Code
2024,
is
amended
by
striking
the
subsection.
Sec.
51.
Section
317.1D,
Code
2024,
is
amended
to
read
as
follows:
317.1D
Exemption
——
Iowa
hemp
Act.
This
chapter
does
not
apply
to
a
plant
or
any
part
of
the
plant
qualifying
as
hemp,
if
the
hemp
is
produced
on
a
crop
site
regulated
under
chapter
204
on
the
USDA
licensee’s
lot
in
accordance
with
the
federal
hemp
law,
as
those
terms
are
defined
in
chapter
204A
.
Sec.
52.
Section
453B.17,
subsection
1,
Code
2024,
is
amended
by
striking
the
subsection
and
inserting
in
lieu
thereof
the
following:
1.
Hemp
as
defined
in
section
204A.2,
including
hemp
seed
delivered
for
planting
at
a
lot
by
a
USDA
licensee
or
hemp
that
is
or
was
produced
at
a
lot
by
a
USDA
licensee,
in
accordance
with
the
provisions
of
the
federal
hemp
law,
as
those
terms
are
defined
in
chapter
204A.
Sec.
53.
Section
453B.18,
Code
2024,
is
amended
by
striking
the
section
and
inserting
in
lieu
thereof
the
following:
453B.18
Exemption
——
Iowa
hemp
Act
——
negligent
violation
program.
Notwithstanding
any
provision
of
this
chapter
to
the
contrary,
a
person
shall
not
be
guilty
of
an
offense
under
this
chapter
for
producing
or
possessing
the
plant
cannabis,
to
the
extent
that
the
person
is
a
USDA
licensee
acting
in
accordance
with
the
federal
hemp
law,
as
those
terms
are
defined
in
chapter
204A.
Sec.
54.
Section
716.14,
subsection
1,
paragraph
b,
Code
2024,
is
amended
to
read
as
follows:
b.
“Agricultural
crop”
means
a
plant
produced
for
food,
animal
feed,
fiber,
oil,
or
fuel
if
the
plant
is
classified
as
a
forage
or
cereal
plant,
including
but
not
limited
to
alfalfa,
barley,
buckwheat,
corn,
flax,
forage,
hemp
as
defined
in
section
204.2
204A.2
,
millet,
oats,
popcorn,
rye,
sorghum,
soybeans,
sunflowers,
wheat,
and
grasses
used
for
forage
or
House
File
2641,
p.
18
silage.
A
plant
which
is
a
noxious
weed
pursuant
to
section
317.1A
shall
not
be
considered
an
agricultural
crop
unless
the
plant
is
produced
as
a
research
crop.
PART
C
EFFECTIVE
DATE
Sec.
55.
EFFECTIVE
DATE.
This
division
of
this
Act
takes
effect
December
31,
2024.
______________________________
PAT
GRASSLEY
Speaker
of
the
House
______________________________
AMY
SINCLAIR
President
of
the
Senate
I
hereby
certify
that
this
bill
originated
in
the
House
and
is
known
as
House
File
2641,
Ninetieth
General
Assembly.
______________________________
MEGHAN
NELSON
Chief
Clerk
of
the
House
Approved
_______________,
2024
______________________________
KIM
REYNOLDS
Governor