Bill Text: IA SF2413 | 2019-2020 | 88th General Assembly | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: A bill for an act relating to agriculture and food, including the powers and duties of the department of agriculture and land stewardship, providing penalties, making penalties applicable, and including effective date provisions. (Formerly SF 2387, SSB 3172.) Effective date: 06/10/2020.

Spectrum: Partisan Bill (? 1-0)

Status: (Passed) 2020-06-10 - Signed by Governor. S.J. 764. [SF2413 Detail]

Download: Iowa-2019-SF2413-Introduced.html
Senate File 2413 - Introduced SENATE FILE 2413 BY COMMITTEE ON WAYS AND MEANS (SUCCESSOR TO SF 2387) (SUCCESSOR TO SSB 3172) A BILL FOR An Act relating to agriculture and the powers and duties of the 1 department of agriculture and land stewardship, including 2 by providing for administration, programs, and regulations, 3 providing fees, providing penalties, making penalties 4 applicable, and including effective date provisions. 5 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 6 TLSB 6357SZ (3) 88 da/ns
S.F. 2413 DIVISION I 1 DEPARTMENTAL ORGANIZATION 2 Section 1. Section 159.5, subsection 7, Code 2020, is 3 amended to read as follows: 4 7. Establish and maintain a marketing news service bureau 5 in the department which shall, in cooperation with the 6 federal market news and grading division Cooperate with the 7 agricultural marketing service of the United States department 8 of agriculture , to collect and disseminate data and information 9 relative to the market prices and conditions of agricultural 10 products raised, produced, and handled in the state. 11 Sec. 2. EFFECTIVE DATE. This division of this Act, being 12 deemed of immediate importance, takes effect upon enactment. 13 DIVISION II 14 ANIMALS 15 PART A 16 COMMERCIAL ESTABLISHMENTS 17 Sec. 3. Section 162.2A, subsection 3, paragraph d, Code 18 2020, is amended by striking the paragraph. 19 PART B 20 ANIMAL HEALTH 21 Sec. 4. NEW SECTION . 163.2A Part —— definitions. 22 As used in this part, unless the context otherwise requires: 23 1. “Animal” means any livestock or agricultural animal as 24 defined in section 717A.1. 25 2. “Interested person” means the owner of an animal; a 26 person caring for the animal, if different from the owner of 27 the animal; or a person holding a perfected agricultural lien 28 or security interest in the animal under chapter 554. 29 Sec. 5. Section 163.3, Code 2020, is amended to read as 30 follows: 31 163.3 Veterinary and special assistants. 32 The secretary or the secretary’s designee may appoint one 33 or more veterinarians licensed pursuant to chapter 169 in each 34 county as assistant veterinarians. The secretary may also 35 -1- LSB 6357SZ (3) 88 da/ns 1/ 22
S.F. 2413 appoint such one or more special assistants as may be necessary 1 in cases of emergency, including as provided in section 163.3A . 2 Sec. 6. Section 163.3A, subsection 1, Code 2020, is amended 3 to read as follows: 4 1. The department may provide veterinary emergency 5 preparedness and response services necessary to prevent or 6 control a serious threat to the public health, public safety, 7 or the state’s economy caused by the transmission of disease 8 among livestock as defined in section 717.1 or agricultural 9 animals as defined in section 717A.1 . The services may include 10 measures necessary to ensure that all such animals carrying 11 disease are properly identified, segregated, treated, or 12 destroyed as provided in this Code. 13 Sec. 7. Section 163.3C, subsection 1, Code 2020, is amended 14 by striking the subsection. 15 Sec. 8. Section 163.3C, subsection 2, unnumbered paragraph 16 1, Code 2020, is amended to read as follows: 17 The department shall develop and establish a foreign animal 18 disease preparedness and response strategy for use by the 19 department in order to prevent, control, or eradicate the 20 transmission of foreign animal diseases among populations 21 of livestock animals . The strategy may be part of the 22 department’s veterinary emergency preparedness and response 23 services as provided in section 163.3A . The strategy shall 24 provide additional expertise and resources to increase 25 biosecurity efforts that assist in the prevention of a foreign 26 animal disease outbreak in this state. In developing and 27 establishing the strategy, the department shall consult with 28 interested persons including but not limited to the following: 29 Sec. 9. Section 163.3C, subsection 3, Code 2020, is amended 30 to read as follows: 31 3. The department shall implement the foreign animal 32 disease preparedness and response strategy if necessary to 33 prevent, control, or eradicate the transmission and incidence 34 of foreign animal diseases that may threaten or actually 35 -2- LSB 6357SZ (3) 88 da/ns 2/ 22
S.F. 2413 threaten livestock animals in this state. In implementing 1 the strategy, the department may utilize emergency response 2 measures as otherwise required under section 163.3A . The 3 department may but is not required to consult with interested 4 persons when implementing the strategy. 5 Sec. 10. NEW SECTION . 163.3D Emergency measures —— 6 abandoned animals —— authorization and seizure. 7 1. a. The department may seize one or more abandoned 8 animals pursuant to an authorization providing emergency 9 measures to prevent or control the transmission of an 10 infectious or contagious disease among any population or 11 species of animals. 12 b. The authorization must be any of the following: 13 (1) A declaration or proclamation issued by the governor 14 pursuant to chapter 29C, including as provided in section 15 163.3A. 16 (2) An order issued by the secretary or the secretary’s 17 designee pursuant to a provision in this subtitle. 18 (3) Any other provision of law in this subtitle that 19 requires the department to control the transmission of an 20 infectious or contagious disease among a population or species 21 of animals in this state. 22 c. If there is a conflict between a measure authorized to 23 be taken under paragraph “a” , that is less restrictive than the 24 standards or procedures provided in this section, the measures 25 authorized to be taken under paragraph “a” shall prevail. 26 2. The department may appoint veterinary assistants or 27 special assistants as provided in section 163.3 as required to 28 administer this section. 29 3. It is presumed that an abandoned animal belonging to a 30 species subject to emergency measures as provided in subsection 31 1 has been exposed to an infectious or contagious disease as 32 provided in the authorization. 33 4. As part of the seizure of an abandoned animal, the 34 department may take, impound, and retain custody of the animal, 35 -3- LSB 6357SZ (3) 88 da/ns 3/ 22
S.F. 2413 including by maintaining the animal in a manner and at a 1 location determined by the department to be reasonable under 2 the emergency circumstances. The department may take action as 3 provided in this subtitle to ensure that all animals exposed to 4 an infectious or contagious disease are properly identified, 5 tested, segregated, treated, or destroyed as provided in this 6 subtitle. 7 5. a. The department may seize an animal if the department 8 has a reasonable suspicion the animal has been abandoned, 9 including by entering onto public or private property or into a 10 private motor vehicle, trailer, or semitrailer parked on public 11 or private property, as provided in this subsection. 12 b. The department may enter onto private property or into 13 a private motor vehicle, trailer, or semitrailer to seize an 14 abandoned animal if the department obtains a search warrant 15 issued by a court, or enters onto the premises in a manner 16 consistent with the laws of this state and the United States, 17 including Article I, section 8, of the Constitution of the 18 State of Iowa, or the fourth amendment to the Constitution of 19 the United States. 20 c. An abandoned animal shall only be seized by the 21 department pursuant to the following conditions: 22 (1) The department provides written notice of its 23 abandonment determination to all reasonably identifiable 24 interested persons. The department shall make a good-faith 25 effort to provide the notice to interested persons by regular 26 mail, hand delivery, telephone, electronic mail, or other 27 reasonable means. The notice shall include all of the 28 following: 29 (a) The name and address of the department. 30 (b) A description of the animal subject to seizure. 31 (c) The delivery date of the notice. 32 (d) A statement informing the interested person that the 33 animal may be seized pursuant to this chapter within one day 34 following the delivery date of the notice. The statement 35 -4- LSB 6357SZ (3) 88 da/ns 4/ 22
S.F. 2413 must specify a date, time, and location for delivery of the 1 interested person’s response designated by the department, as 2 provided in this subsection. 3 (e) A statement informing the interested person that in 4 order to avoid seizure of the animal, the person must respond 5 to the notice in writing, stating that the animal has not been 6 abandoned and identifying what measures are being taken to care 7 for and manage the animal. 8 (2) Notwithstanding subparagraph (1), if the department 9 determines that it is not feasible to provide direct notice 10 of its abandonment determination to an interested person, 11 the department shall deliver a constructive notice of the 12 determination to that person by any reasonable manner, which 13 may include posting the notice at or near the place where 14 the animal is located. The department shall also post the 15 constructive notice on the department’s internet site. 16 d. The department may seize the animal if the department 17 fails to receive a written response by the interested person by 18 the end of normal office hours of the next day the department 19 is available to receive the response after written notice of 20 the department’s abandonment determination is delivered. 21 e. Upon a determination by the department that exigent 22 circumstances exist, the department may enter onto private 23 property without a warrant and may seize an abandoned animal, 24 in a manner consistent with the laws of this state and 25 the United States, including Article I, section 8, of the 26 Constitution of the State of Iowa, or the fourth amendment to 27 the Constitution of the United States. 28 6. If an animal is seized pursuant to this section, the 29 department shall post a notice in a conspicuous place at the 30 location where the animal was seized. The notice shall state 31 the animal has been seized by the department pursuant to this 32 section and at least briefly describe where and when the animal 33 was seized, the species and number of animals seized, and that 34 a dispositional proceeding is to be conducted pursuant to 35 -5- LSB 6357SZ (3) 88 da/ns 5/ 22
S.F. 2413 section 163.3E. 1 Sec. 11. NEW SECTION . 163.3E Emergency measures —— 2 abandoned animals —— dispositional proceeding. 3 1. a. The department shall file a petition with the 4 district court for the disposition of an animal seized pursuant 5 to section 163.3D as soon as practicable. 6 b. The court shall notify the department and all interested 7 persons of the dispositional proceeding in a manner determined 8 reasonable by the court. The court shall hear the matter 9 within twenty-four hours from the time the department’s 10 petition is filed. The court may grant a continuance by a 11 motion of the department or upon petition by an interested 12 person. However, the interested person shall post a bond or 13 other security with the department in an amount determined by 14 the court, which shall not be more than the amount sufficient 15 to provide for the maintenance of the animal for the duration 16 of the continuance. 17 2. Upon a determination by the department that exigent 18 circumstances exist, the dispositional proceeding may be 19 conducted by an administrative law judge in the same manner 20 as an emergency adjudicative proceeding pursuant to section 21 17A.18A. The administrative law judge shall notify the 22 department and all interested persons of the dispositional 23 proceeding in a manner determined reasonable by the 24 administrative law judge given the circumstances in the case. 25 The procedures provided in this section may be supplemented 26 or modified by a declaration or proclamation issued by the 27 governor or an order issued by the secretary or the secretary’s 28 designee pursuant to section 163.3D. 29 3. a. A court or administrative law judge shall issue an 30 order for the disposition of the animal after making any of the 31 following determinations: 32 (1) That no interested person holds a legal interest in 33 the seized animal. In that case, the animal shall be deemed 34 abandoned and the order shall extinguish all prior legal 35 -6- LSB 6357SZ (3) 88 da/ns 6/ 22
S.F. 2413 interests in the animal. The order shall grant an undivided 1 ownership interest in the animal free from any security 2 interest or other agricultural lien or encumbrance to the 3 department. 4 (2) That an interested person holds a legal interest in 5 the seized animal, and the department has reasonable suspicion 6 to believe that the animal has been exposed to an infectious 7 or contagious disease. In that case, the order shall provide 8 for the disposition of the animal in the same manner as if the 9 department had identified the animal as having been exposed to 10 the infectious or contagious disease under the authorization 11 provided in section 163.3D. 12 (3) That a person holds a legal interest in the seized 13 animal, and there is no reasonable suspicion that the seized 14 animal has been exposed to an infectious or contagious disease. 15 In that case, the order shall direct the department to transfer 16 custody of the animal to the interested person. In the event 17 the animal is returned to the interested person, the department 18 shall not be subject to any claim for damages caused by the 19 seizure if the department’s actions were taken pursuant to 20 the department’s emergency efforts to establish and maintain 21 quarantine in response to a disease outbreak, as set forth in 22 section 669.14, subsection 3. 23 b. A reasonable suspicion asserted by the department may 24 be based on any credible evidence that shows the animal’s 25 possible exposure to an infectious or contagious disease or the 26 animal was abandoned. This paragraph “b” does not require the 27 department to conduct a test of an animal to determine whether 28 an animal has been exposed. 29 c. If two or more interested parties may be transferred 30 custody of an animal by the department pursuant to paragraph 31 “a” , subparagraph (3), the court or administrative law judge 32 shall order the department to transfer the animal to the owner 33 or otherwise to the interested person best able to care for the 34 animal without prejudicing the rights of any other interested 35 -7- LSB 6357SZ (3) 88 da/ns 7/ 22
S.F. 2413 person. However, in any cause of action brought by an 1 interested person contesting the order to transfer under this 2 subsection, the department shall not be included as a party. 3 4. a. In a dispositional proceeding conducted by a court or 4 administrative law judge under this section, or in a separate 5 cause of action brought by the department against an interested 6 person, the court or administrative law judge may award the 7 department all of the following: 8 (1) An amount necessary to reimburse the department for 9 expenses incurred in seizing and maintaining an abandoned 10 animal as well as any costs for the disposition of the 11 abandoned animal. 12 (2) Expenses related to the investigation and adjudication 13 of the case. 14 b. In a dispositional proceeding conducted by a court under 15 this section, or in a separate cause of action brought by the 16 department against an interested person, the court may award 17 the department court costs and reasonable attorney fees. 18 c. An award ordered under this subsection shall be paid 19 by an interested party who is transferred a seized animal by 20 the court or administrative law judge, or the owner of the 21 seized animal as determined by the court or administrative law 22 judge. The amount awarded the department shall be subtracted 23 from the proceeds, if any, received by the department from the 24 disposition of the animal. Any amount awarded by a court shall 25 be taxed as part of the costs of the cause of action. 26 d. If more than one interested person holds a legal interest 27 in the animal, the court or administrative law judge shall 28 calculate the respective contributions of the interested 29 persons based upon the percentage of legal interest in the 30 seized animal held by each interested person. The amount paid 31 to the department shall be sufficient to allow the department 32 to repay the livestock remediation fund as provided in section 33 459.501 and fully reimburse the department for all costs, fees, 34 and expenses incurred by the department under this section. 35 -8- LSB 6357SZ (3) 88 da/ns 8/ 22
S.F. 2413 Sec. 12. NEW SECTION . 163.3F Interference with official 1 acts. 2 1. A person shall not interfere with an official act of the 3 department taken in the performance of a duty to prevent or 4 control the transmission of an infectious or contagious disease 5 among a population or species of animals, if the official act 6 is authorized as part of any of the following: 7 a. A veterinary emergency preparedness and response service 8 pursuant to section 163.3A. 9 b. A foreign animal disease preparedness and response 10 strategy pursuant to section 163.3C. 11 c. An emergency measure pursuant to section 163.3D or 12 163.3E. 13 2. Under this section, an official act of the department 14 may be performed by a departmental employee, or a veterinary or 15 special assistant appointed pursuant to section 163.3. 16 Sec. 13. NEW SECTION . 163.33 Feral swine. 17 1. “Feral swine” means any swine running at large. 18 2. A person shall not knowingly release swine to become 19 feral swine. 20 3. Upon discovery of feral swine on public or private 21 property, the department may destroy or order the destruction 22 of the feral swine. However, the department shall not destroy 23 the feral swine or order the feral swine’s destruction, unless 24 the department concludes, after conducting a reasonable inquiry 25 in the area where the feral swine is located, that the feral 26 swine’s ownership cannot be determined. The department may 27 call upon a peace officer or appropriate state or federal 28 agency, including but not limited to the department of natural 29 resources or the department of public safety, to enforce this 30 section as set forth in section 159.16. 31 4. A person may destroy feral swine if the feral swine is 32 on the person’s property or is damaging the person’s personal 33 property. The person shall immediately notify the department 34 of the destruction of the feral swine and allow for possible 35 -9- LSB 6357SZ (3) 88 da/ns 9/ 22
S.F. 2413 testing of the feral swine by the department. 1 5. This section shall not be construed to limit the powers 2 of the department otherwise granted by law. 3 Sec. 14. Section 163.61, subsection 3, Code 2020, is amended 4 by adding the following new paragraph: 5 NEW PARAGRAPH . c. A person who interferes with an official 6 act as provided in section 163.3F shall be subject to a civil 7 penalty of at least one hundred dollars but not more than ten 8 thousand dollars. In the case of a continuing violation, 9 each day of the continuing violation is a separate violation. 10 However, a person shall not be subject to a civil penalty 11 totaling more than two hundred fifty thousand dollars arising 12 out of the same violation. 13 Sec. 15. Section 459.501, subsection 3, paragraph a, Code 14 2020, is amended by adding the following new subparagraph: 15 NEW SUBPARAGRAPH . (3) (a) To allocate moneys to the 16 department of agriculture and land stewardship for the payment 17 of expenses incurred by the department of agriculture and land 18 stewardship associated with all of the following: 19 (i) Providing for seizure of animals pursuant to sections 20 169.3D and 169.3E. 21 (ii) Court costs, reasonable attorney fees, and expenses 22 related to the investigation and prosecution of the case 23 arising from the seizure of animals. 24 (b) The department of natural resources shall allocate 25 any amount of unencumbered and unobligated moneys demanded in 26 writing by the department of agriculture and land stewardship 27 as provided in this subparagraph. The department of natural 28 resources shall complete the allocation upon receiving the 29 demand. 30 (c) The department of agriculture and land stewardship 31 shall repay the fund any amount received from an interested 32 person pursuant to an order by a court in a dispositional 33 proceeding conducted pursuant to section 163.3E. 34 Sec. 16. REPEAL. Section 166D.3, Code 2020, is repealed. 35 -10- LSB 6357SZ (3) 88 da/ns 10/ 22
S.F. 2413 Sec. 17. CODE EDITOR DIRECTIVE. 1 1. The Code editor is directed to make the following 2 transfer: 3 Section 163.3 to section 163.3G. 4 2. The Code editor shall correct internal references in the 5 Code and in any enacted legislation as necessary due to the 6 enactment of this section. 7 Sec. 18. CODE EDITOR DIRECTIVE. The Code editor shall 8 divide chapter 163, subchapter I, into parts, including 9 sections 163.1 and 163.2 as part A, sections 163.2A through 10 163.5, including sections amended or enacted as provided in 11 this part of this division of this Act, as part B, and sections 12 163.6 through 163.25 as part C. 13 PART C 14 FOOD ANIMALS 15 Sec. 19. NEW SECTION . 716.7A Food operation trespass. 16 1. As used in this section, unless the context otherwise 17 requires: 18 a. “Apiary” and “bee” mean the same as defined in section 19 160.1A. 20 b. “Food animal” means an animal belonging to the bovine, 21 caprine, ovine, or porcine species; farm deer as defined in 22 section 170.1; turkeys, chickens, or other poultry; fish or 23 other aquatic organisms confined in private waters for human 24 consumption; or bees. 25 c. “Food establishment” , “food processing plant” , and 26 “farmers market” mean the same as defined in section 137F.1. 27 d. “Food operation” means any of the following: 28 (1) A location where a food animal is produced, maintained, 29 or otherwise housed or kept, or processed in any manner. 30 (2) A location other than as described in subparagraph (1) 31 where a food animal is kept, including an apiary, livestock 32 market, vehicle or trailer attached to a vehicle, fair, 33 exhibition, or a business operated by a person licensed to 34 practice veterinary medicine pursuant to chapter 169. 35 -11- LSB 6357SZ (3) 88 da/ns 11/ 22
S.F. 2413 (3) A location where a meat food product, poultry product, 1 milk or milk product, eggs or an egg product, aquatic product, 2 or honey is prepared for human consumption, including a food 3 processing plant, a slaughtering establishment operating under 4 the provisions of 21 U.S.C. §451 et seq. or 21 U.S.C. §601 5 et seq.; or a slaughtering establishment subject to state 6 inspection as provided in chapter 189A. 7 (4) A food establishment or farmers market that sells or 8 offers for sale a meat food product, poultry product, milk 9 or milk product, eggs or an egg product, aquatic product, or 10 honey. 11 e. “Meat food product” , “poultry product” , and “prepared” 12 mean the same as defined in section 189A.2. 13 2. A person commits food operation trespass by entering 14 or remaining on the property of a food operation without the 15 consent of a person who has real or apparent authority to allow 16 the person to enter or remain on the property. 17 3. Subsection 2 does not apply to any of the following: 18 a. A person entering a right-of-way, if the person has not 19 been notified or requested by posted signage or other means to 20 abstain from entering onto the right-of-way or to vacate the 21 right-of-way. 22 b. A person having lawful authority to enter onto the 23 property of the food operation, including but not limited to a 24 federal, state, or local government official. 25 c. A person who is given express permission by the owner of 26 the food operation to enter onto or remain on the property of 27 the food operation. 28 d. A person employed by a food operation while acting in the 29 course of employment. 30 Sec. 20. Section 716.8, Code 2020, is amended by adding the 31 following new subsection: 32 NEW SUBSECTION . 8. a. For a first offense, a person who 33 commits food operation trespass is guilty of an aggravated 34 misdemeanor. 35 -12- LSB 6357SZ (3) 88 da/ns 12/ 22
S.F. 2413 b. For a second or subsequent offense, a person who commits 1 food operation trespass is guilty of a class “D” felony. 2 PART D 3 EFFECTIVE DATE 4 Sec. 21. EFFECTIVE DATE. This division of this Act, being 5 deemed of immediate importance, takes effect upon enactment. 6 DIVISION III 7 FERTILIZERS AND SOIL CONDITIONERS 8 Sec. 22. Section 200.3, subsection 24, Code 2020, is amended 9 by striking the subsection. 10 Sec. 23. Section 200.14, Code 2020, is amended to read as 11 follows: 12 200.14 Rules. 13 1. a. The secretary is authorized, after public hearing, 14 following due notice, to department may adopt rules setting 15 forth pursuant to chapter 17A providing minimum general 16 safety standards for the design, construction, location, 17 installation , and operation of equipment for storage, handling, 18 transportation by tank truck or tank trailer, and utilization 19 of anhydrous ammonia fertilizers and soil conditioners . 20 a. b. The rules shall be such as are reasonably necessary 21 for the protection and safety of the public and persons using 22 anhydrous ammonia fertilizers or soil conditioners , and shall 23 be in substantial conformity with the generally accepted 24 standards of safety. 25 b. Rules that are in substantial conformity with the 26 published standards of the agricultural ammonia institute for 27 the design, installation and construction of containers and 28 pertinent equipment for the storage and handling of anhydrous 29 ammonia, shall be deemed to be in substantial conformity with 30 the generally accepted standards of safety. 31 2. c. Anhydrous ammonia Fertilizer and soil conditioner 32 equipment shall be installed and maintained in a safe operating 33 condition and in conformity with rules adopted by the secretary 34 department . 35 -13- LSB 6357SZ (3) 88 da/ns 13/ 22
S.F. 2413 3. 2. The secretary shall enforce this chapter and, after 1 due publicity and due public hearing, department may adopt such 2 reasonable rules as may be necessary in order to carry into 3 effect the purpose , and intent and to secure the efficient 4 administration , of this chapter . 5 4. 3. This chapter does not prohibit the use of storage 6 tanks smaller than transporting tanks nor the transfer of all 7 kinds of fertilizer including anhydrous ammonia fertilizers 8 or soil conditioners directly from transporting tanks to 9 implements of husbandry, if proper safety precautions are 10 observed. 11 Sec. 24. EFFECTIVE DATE. This division of this Act, being 12 deemed of immediate importance, takes effect upon enactment. 13 DIVISION IV 14 WEIGHTS AND MEASURES 15 PART A 16 GENERAL 17 Sec. 25. Section 214.1, Code 2020, is amended by adding the 18 following new subsection: 19 NEW SUBSECTION . 7. “Weighmaster” means a person who keeps 20 and regularly uses a commercial weighing and measuring device 21 to accurately weigh objects for others as part of the person’s 22 business operated on a profit, cooperative, or nonprofit basis. 23 Sec. 26. Section 214.3, subsection 1, Code 2020, is amended 24 to read as follows: 25 1. The A license issued by the department for the inspection 26 of a commercial weighing and measuring device shall expire on 27 December 31 of each year, and for a motor fuel pump on June 30 28 of each year. The amount of the fee due for each license shall 29 be as provided in subsection 3 , except that the fee for a motor 30 fuel pump shall be four dollars and fifty cents if paid within 31 one month from the date the license is due. 32 Sec. 27. Section 214.3, subsection 3, paragraph e, 33 subparagraph (2), Code 2020, is amended to read as follows: 34 (2) Retail motor fuel pump, nine four dollars and fifty 35 -14- LSB 6357SZ (3) 88 da/ns 14/ 22
S.F. 2413 cents . 1 Sec. 28. Section 214.4, subsection 1, unnumbered paragraph 2 1, Code 2020, is amended to read as follows: 3 If the department does not receive payment of the license 4 fee required pursuant to section 214.3 within one month from 5 the due date, the department shall send deliver a notice to 6 the owner or operator of the device. The notice shall be 7 delivered by certified mail. The notice shall state all of the 8 following: 9 Sec. 29. Section 214.6, Code 2020, is amended to read as 10 follows: 11 214.6 Oath Duties of weighmasters weighmaster . 12 All persons keeping a commercial weighing and measuring 13 device, before entering upon their duties as weighmasters, A 14 weighmaster shall be sworn before some person having authority 15 to administer oaths, to keep their ensure that a commercial 16 weighing and measuring device is correctly balanced , to make 17 true weights, and to shall render a correct account to the 18 person having weighing done. 19 Sec. 30. Section 214.11, Code 2020, is amended to read as 20 follows: 21 214.11 Inspections —— recalibrations —— penalty. 22 1. The department shall provide for annual inspections 23 of all motor fuel pumps, including but not limited to motor 24 fuel blender pumps, licensed under this chapter . Inspections 25 shall be for the purpose of determining the accuracy of the 26 pumps’ measuring mechanisms, and for such and correctness of 27 motor fuel pumps. For that purpose the department’s inspectors 28 may enter upon the premises of any wholesale dealer or retail 29 dealer , as they are defined in section 214A.1 , of motor fuel 30 or fuel oil within this state . 31 2. Upon completion of an inspection, the inspector shall 32 affix the department’s seal to the measuring mechanism of the 33 motor fuel pump. The seal shall be appropriately marked, 34 dated, and recorded by the inspector. If the owner of an 35 -15- LSB 6357SZ (3) 88 da/ns 15/ 22
S.F. 2413 inspected and sealed motor fuel pump is registered with the 1 department as a servicer in accordance with section 215.23 , 2 or employs a person so registered as a servicer, the owner 3 or other servicer may open the motor fuel pump, break the 4 department’s seal, recalibrate the measuring mechanism if 5 necessary, and reseal the motor fuel pump as long as the 6 department is notified of the recalibration within forty-eight 7 hours, on a form in a manner provided by the department. 8 2. 3. A person violating a provision of this section is, 9 upon conviction, guilty of a simple misdemeanor. 10 PART B 11 MOTOR FUEL 12 Sec. 31. Section 214A.2A, subsection 1, Code 2020, is 13 amended to read as follows: 14 1. Fuel which is sold or is kept, offered, or exposed for 15 sale as kerosene shall be labeled as kerosene. The label 16 shall include the word “kerosene” and a or the designation as 17 either “K1” or “K2” “K1 kerosene” , and shall indicate that 18 the kerosene is in compliance with the standard specification 19 adopted by A.S.T.M. international specification D3699 (1982). 20 Sec. 32. REPEAL. Section 214A.15, Code 2020, is repealed. 21 PART C 22 INSPECTIONS 23 Sec. 33. Section 215.4, Code 2020, is amended to read as 24 follows: 25 215.4 Tag for inaccurate or incorrect device —— reinspection 26 —— license fee. 27 A commercial weighing and measuring device found to be 28 inaccurate or incorrect upon inspection by the department 29 shall be rejected or tagged “condemned until repaired” and 30 the “licensed for commercial use” inspection sticker shall be 31 removed. If notice is received by the department that the 32 device has been repaired and upon reinspection the device is 33 found to be accurate or correct, the a license fee shall not 34 may be charged for the reinspection. However, a second license 35 -16- LSB 6357SZ (3) 88 da/ns 16/ 22
S.F. 2413 fee shall be charged if upon reinspection the device is found 1 to be inaccurate. The device shall be tagged “condemned” and 2 removed from service if a third reinspection fails. 3 Sec. 34. Section 215.7, Code 2020, is amended to read as 4 follows: 5 215.7 Transactions by false weights or measures. 6 1. A person shall be deemed to have violated the provisions 7 of this chapter and shall be punished as provided in chapter 8 189 , if the person does any of the following apply : 9 1. a. The person sells Sells , trades, delivers, charges 10 for, or claims to have delivered to a purchaser an amount 11 of any commodity which is less in weight or measure than 12 that which is asked for, agreed upon, claimed to have been 13 delivered, or noted on the delivery ticket. 14 2. b. The person makes Makes a settlement for or enters 15 a credit, based upon any false weight or measurement, for any 16 commodity purchased. 17 3. c. The person makes Makes a settlement for or enters 18 a credit, based upon any false weight or measurement, for any 19 labor where the price of producing or mining is determined by 20 weight or measure. 21 4. d. The person records Records a false weight or 22 measurement upon the weight ticket or book. 23 2. The department may adopt rules pursuant to chapter 17A 24 that allow for reasonable variations and exceptions for small 25 packages. 26 3. A person who violates this section is guilty of a simple 27 misdemeanor. 28 Sec. 35. Section 215.23, Code 2020, is amended to read as 29 follows: 30 215.23 Servicer’s license. 31 1. A servicer shall not install, service, or repair a 32 commercial weighing and measuring device until the servicer 33 has demonstrated that the servicer has available adequate 34 testing equipment, and that the servicer possesses a working 35 -17- LSB 6357SZ (3) 88 da/ns 17/ 22
S.F. 2413 knowledge of all devices the servicer intends to install or 1 repair and of all appropriate weights, measures, statutes, and 2 rules, as evidenced by passing a qualifying examination to 3 be conducted by the department and obtaining a license. The 4 secretary of agriculture shall establish by rule pursuant to 5 chapter 17A , requirements for and contents of the examination. 6 The department may adopt rules pursuant to chapter 17A setting 7 forth qualification requirements for persons applying for a 8 servicer’s license, including an examination. 9 2. In determining these a servicer’s qualifications, the 10 secretary shall department may consider the specifications 11 of the United States national institute of standards and 12 technology, handbook 44, “Specifications, Tolerances, and 13 Technical Requirements for Weighing and Measuring Devices”, 14 or the current successor or equivalent specifications adopted 15 by the United States national institute of standards and 16 technology. 17 3. The secretary shall department may require an annual the 18 payment of license fee of not more than five dollars for an 19 amount established by rule for each license issued under this 20 section . 21 4. Each A license shall expire one year two years from its 22 date of issuance. 23 Sec. 36. REPEAL. Sections 215.3 and 215.8, Code 2020, are 24 repealed. 25 PART D 26 EFFECTIVE DATE 27 Sec. 37. EFFECTIVE DATE. This division of this Act, being 28 deemed of immediate importance, takes effect upon enactment. 29 EXPLANATION 30 The inclusion of this explanation does not constitute agreement with 31 the explanation’s substance by the members of the general assembly. 32 GENERAL. This bill amends, enacts, or repeals a number 33 of provisions relating to agriculture, including programs or 34 regulations administered by the department of agriculture 35 -18- LSB 6357SZ (3) 88 da/ns 18/ 22
S.F. 2413 and land stewardship (DALS) as codified in Title V of the 1 Code, including in subtitle 1, which includes a number of 2 general provisions, subtitle 2, which includes provisions 3 regulating animal industry, and subtitle 4, which provides for 4 agricultural commodities and products in addition to related 5 activities. 6 DALS —— ADMINISTRATION. The bill eliminates a requirement 7 that DALS maintain a marketing news service bureau, but retains 8 a requirement that it cooperate with the agricultural marketing 9 service of the United States department of agriculture (Code 10 section 159.5). 11 DALS —— COMMERCIAL ESTABLISHMENTS. The bill eliminates 12 a requirement that an application form for the issuance 13 or renewal of an authorization to operate a commercial 14 establishment include the applicant’s identification number, 15 which may be a tax identification number (Code section 162.2A). 16 DALS —— CONTROL OF CONTAGIOUS AND INFECTIOUS DISEASES. The 17 bill provides that DALS may seize one or more abandoned animals 18 pursuant to an authorization providing emergency measures 19 to prevent or control the transmission of an infectious 20 or contagious disease (disease) among livestock or other 21 agricultural animals (animals) that have been abandoned. 22 The authorization may be made pursuant to a declaration or 23 proclamation issued by the governor, an order issued by the 24 secretary of agriculture, or another provision of law. As 25 part of a seizure, DALS may seize and maintain the animal upon 26 providing notice of the abandonment to identifiable interested 27 persons (an owner or secured creditor). The disposition 28 of the seized animal must be made by a court, unless DALS 29 determines that exigent circumstances exist. In that case, the 30 dispositional proceeding may be conducted by an administrative 31 law judge. The court or administrative law judge may award 32 DALS expenses and costs. DALS may use moneys available in the 33 livestock remediation fund (Code section 459.501) to pay for 34 expenses related to the seizure. Moneys in the fund may also 35 -19- LSB 6357SZ (3) 88 da/ns 19/ 22
S.F. 2413 be used to pay for court costs, reasonable attorney fees, and 1 expenses related to the investigation and prosecution of the 2 case arising from the seizure. 3 The bill prohibits a person from interfering with an 4 official act of DALS taken in the performance of a duty to 5 prevent or control the transmission of a disease, if the action 6 is related to a veterinary emergency preparedness and response 7 service (Code section 163.3A), a foreign animal disease 8 preparedness and response strategy (Code section 163.3C), or an 9 emergency measure as provided in the bill (Code section 163.3D 10 or 163.3E). A person who violates the provision is subject to 11 a civil penalty of at least $100 but not more than $10,000, 12 with each day of the offense constituting a separate violation, 13 so long as the total amount does not exceed $250,000 (Code 14 section 163.61). 15 DALS —— REGULATION OF FERAL SWINE. The bill authorizes 16 DALS to destroy or order the destruction of feral swine 17 after conducting a reasonable inquiry into the feral swine’s 18 ownership. A person may destroy feral swine on the person’s 19 property or damaging the person’s personal property, and must 20 immediately notify DALS and allow DALS to conduct a test for 21 disease. 22 STATE PSEUDORABIES ADVISORY COMMITTEE. The bill eliminates 23 the state pseudorabies advisory committee. The committee was 24 established in 1989 during the outbreak of the disease to 25 provide education to persons interested in pork production, to 26 advise the department, and to maintain communication with other 27 states and organizations (Code section 166D.3). 28 FOOD OPERATION TRESPASS. The bill creates the criminal 29 offense of food operation trespass. A person commits the 30 offense by entering or remaining on the property of a food 31 operation without the consent of a person who has real or 32 apparent authority over the property. A food operation is a 33 location where a food animal is produced or kept, a location 34 where a meat or poultry product, milk or milk product, eggs or 35 -20- LSB 6357SZ (3) 88 da/ns 20/ 22
S.F. 2413 an egg product, aquatic product, or honey is prepared (e.g., 1 processed and packaged) for human consumption, or a food 2 establishment or a farmers market that sells or offers for sale 3 a meat or poultry product, milk or milk product, eggs or egg 4 product, aquatic product, or honey. A food animal includes 5 an animal belonging to the bovine, caprine, ovine, or porcine 6 species; farm deer; turkeys, chickens, or other poultry; fish 7 or other aquatic animals; or honey bees. A person who commits 8 food operation trespass commits an aggravated misdemeanor 9 for the first offense and a class “D” felony for a second or 10 subsequent offense. 11 DALS —— FERTILIZERS AND SOIL CONDITIONERS. The bill 12 authorizes DALS to adopt rules regulating the design, 13 construction, location, installation, and operation of 14 equipment associated with the use of fertilizers and soil 15 conditioners (Code sections 200.3 and 200.14). Current law 16 allows DALS to adopt such rules regulating anhydrous ammonia 17 equipment. The bill also eliminates a requirement that such 18 rules be in conformity with the published standards of the 19 agricultural ammonia institute. A person violating such rules 20 is guilty of a simple misdemeanor (Code section 200.18). 21 DALS —— WEIGHTS AND MEASURES (GENERAL). The bill amends a 22 number of provisions regulating weights and measures, including 23 the inspection of associated devices. The bill reduces the 24 fee for the inspection of motor fuel pumps from $9 to $4.50 25 (the same amount due under current law if the inspection fee is 26 paid early) (Code section 214.3). The bill no longer requires 27 that DALS deliver a late payment notice to an owner or operator 28 of a device by certified mail (Code section 214.4). The bill 29 eliminates a requirement that a weighmaster (a person who keeps 30 and uses a device as part of a business) must take an oath (Code 31 sections 214.1 and 214.6). 32 DALS —— WEIGHTS AND MEASURES (MOTOR FUEL). The bill revises 33 requirements for the labeling of kerosene (Code section 34 214A.2A). The bill also repeals a provision prohibiting a 35 -21- LSB 6357SZ (3) 88 da/ns 21/ 22
S.F. 2413 person from placing gasoline into a receptacle, unless the 1 receptacle states a warning (Code section 214A.15). 2 DALS —— WEIGHTS AND MEASURES (INSPECTIONS). The bill 3 provides that DALS may but is no longer required to charge a 4 license fee for a device that has been taken out of service 5 due to a repair and reinspected (Code section 215.4). The 6 bill allows DALS to make an exception in a case where a 7 commercial transaction involves a small package, and the 8 person would otherwise be guilty of a simple misdemeanor 9 because the person stated a false weight or measure (Code 10 section 215.7). The bill provides for the regulation of a 11 servicer (a person employed to install, service, or repair 12 a device), by eliminating an examination requirement and 13 allowing DALS to require qualification standards which may 14 include an examination (Code sections 215.1 and 215.23). The 15 bill provides for a two-year rather than annual servicer 16 license and allows DALS to establish the license fee. The 17 annual license fee is currently $5. The bill eliminates a 18 provision that allows DALS to charge a complaining party an 19 inspection fee, if the complaint was unfounded (Code section 20 215.3). The bill repeals a provision that authorizes DALS to 21 establish reasonable variances in the weighing and measuring 22 of small packages (Code section 215.8). That qualification 23 is incorporated in the amendments to the provision regulating 24 small package transactions (Code section 215.7). 25 CRIMINAL PENALTIES. A simple misdemeanor is punishable by 26 confinement for no more than 30 days or a fine of at least $65 27 but not more than $625 or by both. An aggravated misdemeanor 28 is punishable by confinement for no more than two years and a 29 fine of at least $625 but not more than $6,250. A class “D” 30 felony is punishable by confinement for no more than five years 31 and a fine of at least $750 but not more than $7,500. 32 -22- LSB 6357SZ (3) 88 da/ns 22/ 22
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