Bill Text: IA SF359 | 2021-2022 | 89th General Assembly | Introduced
Bill Title: A bill for an act relating to the powers and duties of the department of agriculture and land stewardship, including by providing for administration, programs, and regulations, providing fees, providing penalties, and making penalties applicable.(Formerly SSB 1121; See SF 578.)
Spectrum: Committee Bill
Status: (Introduced - Dead) 2021-03-11 - Committee report approving bill, renumbered as SF 578. S.J. 596. [SF359 Detail]
Download: Iowa-2021-SF359-Introduced.html
Senate
File
359
-
Introduced
SENATE
FILE
359
BY
COMMITTEE
ON
AGRICULTURE
(SUCCESSOR
TO
SSB
1121)
A
BILL
FOR
An
Act
relating
to
the
powers
and
duties
of
the
department
of
1
agriculture
and
land
stewardship,
including
by
providing
for
2
administration,
programs,
and
regulations,
providing
fees,
3
providing
penalties,
and
making
penalties
applicable.
4
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
5
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DIVISION
I
1
DEPARTMENTAL
ORGANIZATION
2
Section
1.
Section
159.5,
subsection
7,
Code
2021,
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
DIVISION
II
12
ANIMALS
13
Sec.
2.
Section
162.2A,
subsection
3,
paragraph
d,
Code
14
2021,
is
amended
by
striking
the
paragraph.
15
DIVISION
III
16
COMMODITY
PRODUCTION
AND
SALE
17
PART
A
18
FARM-TO-SCHOOL
ACT
19
Sec.
3.
Section
190A.1,
Code
2021,
is
amended
by
striking
20
the
section
and
inserting
in
lieu
thereof
the
following:
21
190A.1
Short
title.
22
This
chapter
shall
be
known
and
may
be
cited
as
the
23
“Farm-to-School
Act”
.
24
Sec.
4.
NEW
SECTION
.
190A.2
Definitions.
25
As
used
in
this
subchapter,
unless
the
context
otherwise
26
requires:
27
1.
“Department”
means
the
department
of
agriculture
and
land
28
stewardship.
29
2.
“Food
animal”
means
an
animal
belonging
to
the
bovine,
30
caprine,
ovine,
or
porcine
species;
turkeys,
chickens,
or
other
31
types
of
poultry;
farm
deer
as
defined
in
section
170.1;
fish
32
or
other
aquatic
organisms
confined
in
private
waters
for
human
33
consumption;
or
bees.
34
3.
“Food
commodity”
means
any
of
the
following:
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a.
A
food
animal.
1
b.
An
item
regularly
generated
by
a
food
animal,
including
2
milk,
eggs,
or
honey,
that
has
been
collected,
and
that
is
to
3
be
processed
into
a
food
product.
4
c.
Sap
or
whole
produce,
including
vegetables
or
fruit,
5
that
has
been
harvested
and
that
is
to
be
processed
into
a
food
6
product.
7
4.
“Food
product”
means
a
perishable
or
nonperishable
8
product
derived
from
processing
a
food
commodity
to
be
fit
for
9
human
consumption,
including
but
not
limited
to
pasteurized
10
milk
or
dairy
products,
washed
shelled
eggs,
cut
and
washed
11
produce,
honey,
maple
syrup,
unshelled
or
shelled
nuts,
cuts
of
12
meat
or
poultry,
or
cuts
of
fish
or
shelled
aquatic
items.
13
5.
“Fund”
means
the
farm-to-school
fund
created
in
section
14
190A.5.
15
6.
“Process”
means
to
prepare
a
food
commodity
in
a
manner
16
that
allows
it
to
be
sold
to
consumers
as
a
food
product,
17
including
by
altering
the
form
or
identity
of
the
commodity;
18
trimming,
cutting,
cleaning,
drying,
filtering,
sorting,
or
19
shelling
the
commodity;
or
packaging
the
commodity.
20
7.
“Program”
means
the
farm-to-school
program
created
in
21
section
190A.6.
22
8.
“School”
means
a
public
school
or
nonpublic
school,
as
23
those
terms
are
defined
in
section
280.2,
or
that
portion
of
a
24
public
school
or
nonpublic
school
that
provides
facilities
for
25
teaching
any
grade
from
kindergarten
through
grade
twelve.
26
9.
“School
district”
means
a
school
district
as
described
27
in
chapter
274.
28
Sec.
5.
Section
190A.3,
subsection
1,
Code
2021,
is
amended
29
to
read
as
follows:
30
1.
The
farm-to-school
program
shall
seek
to
link
elementary
31
and
secondary
public
and
nonpublic
schools
in
this
state
32
with
Iowa
farms
to
provide
schools
with
fresh
and
minimally
33
processed
wholesome,
locally
produced
food
for
inclusion
in
34
school
meals
and
snacks,
encourage
children
to
develop
healthy
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eating
habits,
and
provide
Iowa
farmers
access
to
consumer
1
markets.
2
Sec.
6.
NEW
SECTION
.
190A.5
Farm-to-school
fund.
3
1.
A
farm-to-school
fund
is
created
in
the
state
treasury
4
under
the
management
and
control
of
the
department.
5
2.
The
fund
shall
include
moneys
appropriated
to
the
fund
6
by
the
general
assembly.
The
fund
may
include
other
moneys
7
available
to
and
obtained
or
accepted
by
the
department,
8
including
moneys
from
public
or
private
sources.
9
3.
Moneys
in
the
fund
are
appropriated
to
support
the
10
program
in
a
manner
determined
by
the
department,
including
for
11
reasonable
administrative
costs
incurred
by
the
department.
12
Moneys
expended
from
the
fund
shall
not
require
further
special
13
authorization
by
the
general
assembly.
14
4.
a.
Notwithstanding
section
12C.7,
interest
or
earnings
15
on
moneys
in
the
fund
shall
be
credited
to
the
fund.
16
b.
Notwithstanding
section
8.33,
moneys
credited
to
the
17
fund
that
remain
unencumbered
or
unobligated
at
the
end
of
a
18
fiscal
year
shall
not
revert
but
shall
remain
available
for
the
19
purposes
designated.
20
Sec.
7.
NEW
SECTION
.
190A.6
Farm-to-school
program.
21
1.
A
farm-to-school
program
is
created.
The
program
shall
22
be
controlled
and
administered
by
the
department.
23
2.
The
purpose
of
the
program
is
to
assist
schools
and
24
school
districts
in
purchasing
food
products
derived
from
food
25
commodities
produced
on
a
farm.
26
3.
The
department
shall
reimburse
a
school
or
school
27
district
for
expenditures
incurred
by
the
school
or
school
28
district
during
the
school
year
in
which
the
school
or
school
29
district
is
participating
in
the
program
to
purchase
food
30
products
derived
from
food
commodities
produced
on
a
farm.
31
4.
A
school
or
school
district
must
apply
each
year
to
the
32
department
to
participate
in
the
program
according
to
rules
33
adopted
by
the
department
pursuant
to
chapter
17A.
34
5.
To
be
eligible
to
participate
in
the
program,
a
school
or
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school
district
must
purchase
a
food
product
directly
from
a
1
farm
source
as
follows:
2
a.
The
farm
source
must
be
any
of
the
following:
3
(1)
A
farm
where
a
food
commodity
is
produced,
if
the
food
4
commodity
is
processed
into
a
food
product
on
the
farm
for
sale
5
to
a
consumer.
6
(2)
A
business
premises
that
is
directly
shipped
a
food
7
commodity
from
a
farm,
if
the
food
commodity
is
processed
into
8
a
food
product
on
the
business
premises
for
sale
to
a
consumer.
9
(3)
A
business
premises
that
is
directly
shipped
a
food
10
product
from
a
farm,
if
the
food
product
is
purchased
for
11
resale
to
a
consumer
or
is
distributed
to
a
consumer
on
behalf
12
of
a
farmer.
13
b.
The
farm
source
must
comply
with
all
applicable
laws
14
regulating
the
sale
of
food.
15
c.
The
farm
source
must
be
located
within
thirty
miles
of
16
the
school
or
the
school
district’s
border.
17
6.
The
department
shall
require
proof
of
purchase
prior
to
18
reimbursing
the
school
or
school
district
for
the
purchase
of
19
food
products.
20
7.
The
department
may
administer
the
program
in
cooperation
21
with
the
department
of
education
and
the
participating
school
22
or
school
district
in
which
a
participating
school
is
located.
23
8.
a.
The
department
shall
reimburse
a
participating
24
school
or
school
district
that
submits
a
claim
as
required
25
by
the
department.
The
department
shall
pay
the
claim
on
a
26
matching
basis
with
the
department
contributing
one
dollar
27
for
every
three
dollars
expended
by
the
school
or
school
28
district.
However,
a
school
or
school
district
shall
not
29
receive
more
than
one
thousand
dollars
during
any
year
in
which
30
it
participates
in
the
program.
31
b.
Notwithstanding
paragraph
“a”
,
if
the
department
32
determines
that
there
are
sufficient
moneys
in
the
fund
to
33
satisfy
all
claims
that
may
be
submitted
by
schools
and
school
34
districts,
the
department
shall
provide
for
the
distribution
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of
the
available
moneys
in
a
manner
determined
equitable
by
1
the
department,
which
may
include
a
prorated
distribution
to
2
participating
schools
and
school
districts.
3
PART
B
4
FERTILIZERS
AND
SOIL
CONDITIONERS
5
Sec.
8.
Section
200.3,
subsection
24,
Code
2021,
is
amended
6
by
striking
the
subsection.
7
Sec.
9.
Section
200.14,
Code
2021,
is
amended
to
read
as
8
follows:
9
200.14
Rules.
10
1.
a.
The
secretary
is
authorized,
after
public
hearing,
11
following
due
notice,
to
department
may
adopt
rules
setting
12
forth
pursuant
to
chapter
17A
providing
minimum
general
13
safety
standards
for
the
design,
construction,
location,
14
installation
,
and
operation
of
equipment
for
storage,
handling,
15
transportation
by
tank
truck
or
tank
trailer,
and
utilization
16
of
anhydrous
ammonia
fertilizers
and
soil
conditioners
.
17
a.
b.
The
rules
shall
be
such
as
are
reasonably
necessary
18
for
the
protection
and
safety
of
the
public
and
persons
using
19
anhydrous
ammonia
fertilizers
or
soil
conditioners
,
and
shall
20
be
in
substantial
conformity
with
the
generally
accepted
21
standards
of
safety.
22
b.
Rules
that
are
in
substantial
conformity
with
the
23
published
standards
of
the
agricultural
ammonia
institute
for
24
the
design,
installation
and
construction
of
containers
and
25
pertinent
equipment
for
the
storage
and
handling
of
anhydrous
26
ammonia,
shall
be
deemed
to
be
in
substantial
conformity
with
27
the
generally
accepted
standards
of
safety.
28
2.
c.
Anhydrous
ammonia
Fertilizer
and
soil
conditioner
29
equipment
shall
be
installed
and
maintained
in
a
safe
operating
30
condition
and
in
conformity
with
rules
adopted
by
the
secretary
31
department
.
32
3.
2.
The
secretary
shall
enforce
this
chapter
and,
after
33
due
publicity
and
due
public
hearing,
department
may
adopt
such
34
reasonable
rules
as
may
be
necessary
in
order
to
carry
into
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effect
the
purpose
,
and
intent
and
to
secure
the
efficient
1
administration
,
of
this
chapter
.
2
4.
3.
This
chapter
does
not
prohibit
the
use
of
storage
3
tanks
smaller
than
transporting
tanks
nor
the
transfer
of
all
4
kinds
of
fertilizer
including
anhydrous
ammonia
fertilizers
5
or
soil
conditioners
directly
from
transporting
tanks
to
6
implements
of
husbandry,
if
proper
safety
precautions
are
7
observed.
8
DIVISION
IV
9
WEIGHTS
AND
MEASURES
10
PART
A
11
GENERAL
12
Sec.
10.
Section
214.1,
Code
2021,
is
amended
by
adding
the
13
following
new
subsection:
14
NEW
SUBSECTION
.
6.
“Weighmaster”
means
a
person
who
keeps
15
and
regularly
uses
a
commercial
weighing
and
measuring
device
16
to
accurately
weigh
objects
for
others
as
part
of
the
person’s
17
business
operated
on
a
profit,
cooperative,
or
nonprofit
basis.
18
Sec.
11.
Section
214.3,
subsection
1,
Code
2021,
is
amended
19
to
read
as
follows:
20
1.
The
A
license
issued
by
the
department
for
the
inspection
21
of
a
commercial
weighing
and
measuring
device
shall
expire
on
22
December
31
of
each
year,
and
for
a
motor
fuel
pump
on
June
30
23
of
each
year.
The
amount
of
the
fee
due
for
each
license
shall
24
be
as
provided
in
subsection
3
,
except
that
the
fee
for
a
motor
25
fuel
pump
shall
be
four
dollars
and
fifty
cents
if
paid
within
26
one
month
from
the
date
the
license
is
due.
27
Sec.
12.
Section
214.3,
subsection
3,
paragraph
e,
28
subparagraph
(2),
Code
2021,
is
amended
to
read
as
follows:
29
(2)
Retail
motor
fuel
pump,
nine
four
dollars
and
fifty
30
cents
.
31
Sec.
13.
Section
214.4,
subsection
1,
unnumbered
paragraph
32
1,
Code
2021,
is
amended
to
read
as
follows:
33
If
the
department
does
not
receive
payment
of
the
license
34
fee
required
pursuant
to
section
214.3
within
one
month
from
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the
due
date,
the
department
shall
send
deliver
a
notice
to
1
the
owner
or
operator
of
the
device.
The
notice
shall
be
2
delivered
by
certified
mail.
The
notice
shall
state
all
of
the
3
following:
4
Sec.
14.
Section
214.6,
Code
2021,
is
amended
to
read
as
5
follows:
6
214.6
Oath
Duties
of
weighmasters
weighmaster
.
7
All
persons
keeping
a
commercial
weighing
and
measuring
8
device,
before
entering
upon
their
duties
as
weighmasters,
A
9
weighmaster
shall
be
sworn
before
some
person
having
authority
10
to
administer
oaths,
to
keep
their
ensure
that
a
commercial
11
weighing
and
measuring
device
is
correctly
balanced
,
to
make
12
true
weights,
and
to
shall
render
a
correct
account
to
the
13
person
having
weighing
done.
14
Sec.
15.
Section
214.11,
Code
2021,
is
amended
to
read
as
15
follows:
16
214.11
Inspections
——
recalibrations
——
penalty.
17
1.
The
department
shall
provide
for
annual
inspections
18
of
all
motor
fuel
pumps,
including
but
not
limited
to
motor
19
fuel
blender
pumps,
licensed
under
this
chapter
.
Inspections
20
shall
be
for
the
purpose
of
determining
the
accuracy
of
the
21
pumps’
measuring
mechanisms,
and
for
such
and
correctness
of
22
motor
fuel
pumps.
For
that
purpose
the
department’s
inspectors
23
may
enter
upon
the
premises
of
any
wholesale
dealer
or
retail
24
dealer
,
as
they
are
defined
in
section
214A.1
,
of
motor
fuel
25
or
fuel
oil
within
this
state
.
26
2.
Upon
completion
of
an
inspection,
the
inspector
shall
27
affix
the
department’s
seal
to
the
measuring
mechanism
of
the
28
motor
fuel
pump.
The
seal
shall
be
appropriately
marked,
29
dated,
and
recorded
by
the
inspector.
If
the
owner
of
an
30
inspected
and
sealed
motor
fuel
pump
is
registered
with
the
31
department
as
a
servicer
in
accordance
with
section
215.23
,
32
or
employs
a
person
so
registered
as
a
servicer,
the
owner
33
or
other
servicer
may
open
the
motor
fuel
pump,
break
the
34
department’s
seal,
recalibrate
the
measuring
mechanism
if
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necessary,
and
reseal
the
motor
fuel
pump
as
long
as
the
1
department
is
notified
of
the
recalibration
within
forty-eight
2
hours,
on
a
form
in
a
manner
provided
by
the
department.
3
2.
3.
A
person
violating
a
provision
of
this
section
is,
4
upon
conviction,
guilty
of
a
simple
misdemeanor.
5
PART
B
6
MOTOR
FUEL
7
Sec.
16.
Section
214A.2A,
subsection
1,
Code
2021,
is
8
amended
to
read
as
follows:
9
1.
Fuel
which
is
sold
or
is
kept,
offered,
or
exposed
for
10
sale
as
kerosene
shall
be
labeled
as
kerosene.
The
label
11
shall
include
the
word
“kerosene”
and
a
or
the
designation
as
12
either
“K1”
or
“K2”
“K1
kerosene”
,
and
shall
indicate
that
13
the
kerosene
is
in
compliance
with
the
standard
specification
14
adopted
by
A.S.T.M.
international
specification
D3699
(1982).
15
Sec.
17.
REPEAL.
Section
214A.15,
Code
2021,
is
repealed.
16
PART
C
17
INSPECTIONS
18
Sec.
18.
Section
215.4,
Code
2021,
is
amended
to
read
as
19
follows:
20
215.4
Tag
for
inaccurate
or
incorrect
device
——
reinspection
21
——
license
fee.
22
A
commercial
weighing
and
measuring
device
found
to
be
23
inaccurate
or
incorrect
upon
inspection
by
the
department
24
shall
be
rejected
or
tagged
“condemned
until
repaired”
and
25
the
“licensed
for
commercial
use”
inspection
sticker
shall
be
26
removed.
If
notice
is
received
by
the
department
that
the
27
device
has
been
repaired
and
upon
reinspection
the
device
is
28
found
to
be
accurate
or
correct,
the
a
license
fee
shall
not
29
may
be
charged
for
the
reinspection.
However,
a
second
license
30
fee
shall
be
charged
if
upon
reinspection
the
device
is
found
31
to
be
inaccurate.
The
device
shall
be
tagged
“condemned”
and
32
removed
from
service
if
a
third
reinspection
fails.
33
Sec.
19.
Section
215.7,
Code
2021,
is
amended
to
read
as
34
follows:
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215.7
Transactions
by
false
weights
or
measures.
1
1.
A
person
shall
be
deemed
to
have
violated
the
provisions
2
of
this
chapter
and
shall
be
punished
as
provided
in
chapter
3
189
,
if
the
person
does
any
of
the
following
apply
:
4
1.
a.
The
person
sells
Sells
,
trades,
delivers,
charges
5
for,
or
claims
to
have
delivered
to
a
purchaser
an
amount
6
of
any
commodity
which
is
less
in
weight
or
measure
than
7
that
which
is
asked
for,
agreed
upon,
claimed
to
have
been
8
delivered,
or
noted
on
the
delivery
ticket.
9
2.
b.
The
person
makes
Makes
a
settlement
for
or
enters
10
a
credit,
based
upon
any
false
weight
or
measurement,
for
any
11
commodity
purchased.
12
3.
c.
The
person
makes
Makes
a
settlement
for
or
enters
13
a
credit,
based
upon
any
false
weight
or
measurement,
for
any
14
labor
where
the
price
of
producing
or
mining
is
determined
by
15
weight
or
measure.
16
4.
d.
The
person
records
Records
a
false
weight
or
17
measurement
upon
the
weight
ticket
or
book.
18
2.
The
department
may
adopt
rules
pursuant
to
chapter
17A
19
that
allow
for
reasonable
variations
and
exceptions
for
small
20
packages.
21
3.
A
person
who
violates
this
section
is
guilty
of
a
simple
22
misdemeanor.
23
Sec.
20.
Section
215.23,
Code
2021,
is
amended
to
read
as
24
follows:
25
215.23
Servicer’s
license.
26
1.
A
servicer
shall
not
install,
service,
or
repair
a
27
commercial
weighing
and
measuring
device
until
the
servicer
28
has
demonstrated
that
the
servicer
has
available
adequate
29
testing
equipment,
and
that
the
servicer
possesses
a
working
30
knowledge
of
all
devices
the
servicer
intends
to
install
or
31
repair
and
of
all
appropriate
weights,
measures,
statutes,
and
32
rules,
as
evidenced
by
passing
a
qualifying
examination
to
33
be
conducted
by
the
department
and
obtaining
a
license.
The
34
secretary
of
agriculture
shall
establish
by
rule
pursuant
to
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chapter
17A
,
requirements
for
and
contents
of
the
examination.
1
The
department
may
adopt
rules
pursuant
to
chapter
17A
setting
2
forth
qualification
requirements
for
persons
applying
for
a
3
servicer’s
license,
including
an
examination.
4
2.
In
determining
these
a
servicer’s
qualifications,
the
5
secretary
shall
department
may
consider
the
specifications
6
of
the
United
States
national
institute
of
standards
and
7
technology,
handbook
44,
“Specifications,
Tolerances,
and
8
Technical
Requirements
for
Weighing
and
Measuring
Devices”,
9
or
the
current
successor
or
equivalent
specifications
adopted
10
by
the
United
States
national
institute
of
standards
and
11
technology.
12
3.
The
secretary
shall
department
may
require
an
annual
the
13
payment
of
a
license
fee
of
not
more
than
five
dollars
for
an
14
amount
established
by
rule
for
each
license
issued
under
this
15
section
.
16
4.
Each
A
license
shall
expire
one
year
two
years
from
its
17
date
of
issuance.
18
Sec.
21.
REPEAL.
Sections
215.3
and
215.8,
Code
2021,
are
19
repealed.
20
EXPLANATION
21
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
22
the
explanation’s
substance
by
the
members
of
the
general
assembly.
23
GENERAL.
This
bill
amends,
enacts,
or
repeals
a
number
24
of
provisions
administered
or
regulated
by
the
department
of
25
agriculture
and
land
stewardship
(DALS)
as
codified
in
Title
V
26
of
the
Code,
including
in
subtitle
1,
which
includes
a
number
27
of
general
provisions,
subtitle
2,
which
includes
provisions
28
regulating
animal
industry,
and
subtitle
4,
which
provides
for
29
agricultural
commodities
and
products
in
addition
to
related
30
activities.
31
SUBTITLE
1
——
ADMINISTRATION.
The
bill
eliminates
a
32
requirement
that
DALS
maintain
a
marketing
news
service
33
bureau,
but
retains
a
requirement
that
it
cooperate
with
the
34
agricultural
marketing
service
of
the
United
States
department
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of
agriculture
(Code
section
159.5).
1
SUBTITLE
2
——
COMMERCIAL
ESTABLISHMENTS.
The
bill
2
eliminates
a
requirement
that
an
application
form
for
the
3
issuance
or
renewal
of
an
authorization
to
operate
a
commercial
4
establishment
include
the
applicant’s
identification
number,
5
which
may
be
a
tax
identification
number.
6
SUBTITLE
4
——
FARM-TO-SCHOOL
PROGRAM.
The
bill
amends
7
provisions
creating
a
farm-to-school
program
administered
by
8
DALS
under
Code
chapter
190A.
The
program
assists
schools
9
and
school
districts
in
purchasing
food
products
derived
from
10
food
commodities
produced
on
a
farm
and
either
processed
on
11
the
farm
or
processed
at
a
business
premises
(referred
to
12
as
a
farm
source)
located
within
30
miles
of
the
school
or
13
school
district’s
borders.
A
food
product
is
a
perishable
or
14
nonperishable
product
derived
from
processing
a
food
commodity
15
including
pasteurized
milk
or
dairy
products,
washed
shelled
16
eggs,
cut
and
washed
produce,
honey,
maple
syrup,
unshelled
17
or
shelled
nuts,
cuts
of
meat
or
poultry,
or
cuts
of
fish
or
18
shelled
aquatic
items.
DALS
may
reimburse
a
school
or
school
19
district
for
expenditures
for
such
products
to
the
extent
20
moneys
are
available
to
support
the
program.
The
available
21
moneys
would
be
allocated
during
the
school
year
on
a
matching
22
basis,
subject
to
a
$1,000
cap.
The
bill
also
creates
a
23
farm-to-school
fund
to
support
the
program.
24
FERTILIZERS
AND
SOIL
CONDITIONERS.
The
bill
authorizes
DALS
25
to
adopt
rules
regulating
the
design,
construction,
location,
26
installation,
and
operation
of
equipment
associated
with
27
the
use
of
fertilizers
and
soil
conditioners
(Code
sections
28
200.3
and
200.14).
Current
law
allows
DALS
to
adopt
such
29
rules
regulating
anhydrous
ammonia
equipment.
The
bill
also
30
eliminates
a
requirement
that
such
rules
be
in
conformity
with
31
the
published
standards
of
the
agricultural
ammonia
institute.
32
A
person
violating
such
rules
is
guilty
of
a
simple
misdemeanor
33
(Code
section
200.18).
34
WEIGHTS
AND
MEASURES
(GENERAL).
The
bill
amends
a
number
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of
provisions
regulating
weights
and
measures,
including
the
1
inspection
of
associated
devices.
The
bill
reduces
the
fee
2
for
the
inspection
of
motor
fuel
pumps
from
$9
to
$4.50
(the
3
same
amount
due
under
current
law
if
the
inspection
fee
is
paid
4
early)
(Code
section
214.3).
The
bill
no
longer
requires
that
5
DALS
deliver
a
late
payment
notice
to
an
owner
or
operator
of
6
a
device
by
certified
mail
(Code
section
214.4).
The
bill
7
eliminates
a
requirement
that
a
weighmaster
(a
person
who
keeps
8
and
uses
a
device
as
part
of
a
business)
must
take
an
oath
(Code
9
sections
214.1
and
214.6).
10
WEIGHTS
AND
MEASURES
(MOTOR
FUEL).
The
bill
revises
11
requirements
for
the
labeling
of
kerosene
(Code
section
12
214A.2A).
The
bill
also
repeals
a
provision
prohibiting
a
13
person
from
placing
gasoline
into
a
receptacle,
unless
the
14
receptacle
states
a
warning
(Code
section
214A.15).
15
WEIGHTS
AND
MEASURES
(INSPECTIONS).
The
bill
provides
that
16
DALS
may
but
is
no
longer
required
to
charge
a
license
fee
for
17
a
device
that
has
been
taken
out
of
service
due
to
a
repair
18
and
reinspected
(Code
section
215.4).
The
bill
allows
DALS
19
to
make
an
exception
in
a
case
where
a
commercial
transaction
20
involves
a
small
package,
and
the
person
would
otherwise
be
21
guilty
of
a
simple
misdemeanor
because
the
person
stated
22
a
false
weight
or
measure
(Code
section
215.7).
The
bill
23
provides
for
the
regulation
of
a
servicer
(a
person
employed
24
to
install,
service,
or
repair
a
device),
by
eliminating
25
an
examination
requirement
and
allowing
DALS
to
require
26
qualification
standards
which
may
include
an
examination
27
(Code
sections
215.1
and
215.23).
The
bill
provides
for
a
28
two-year
rather
than
annual
servicer
license
and
allows
DALS
to
29
establish
the
license
fee.
The
annual
license
fee
is
currently
30
$5.
The
bill
eliminates
a
provision
that
allows
DALS
to
charge
31
a
complaining
party
an
inspection
fee,
if
the
complaint
was
32
unfounded
(Code
section
215.3).
The
bill
repeals
a
provision
33
that
authorizes
DALS
to
establish
reasonable
variances
in
the
34
weighing
and
measuring
of
small
packages
(Code
section
215.8).
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That
qualification
is
incorporated
in
the
amendments
to
the
1
provision
regulating
small
package
transactions
(Code
section
2
215.7).
3
CRIMINAL
PENALTIES.
A
simple
misdemeanor
is
punishable
by
4
confinement
for
no
more
than
30
days
or
a
fine
of
at
least
$105
5
but
not
more
than
$855
or
by
both.
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