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: Committee Bill
Status: (Passed) 2020-06-10 - Signed by Governor. S.J. 764. [SF2413 Detail]
Download: Iowa-2019-SF2413-Introduced.html
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: Committee Bill
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)
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da/ns
S.F.
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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
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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
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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,
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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
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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
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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
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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
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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.
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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
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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.
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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.
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(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.
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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
.
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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
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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
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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
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