| 1 | 1 | | House File 799 - Introduced HOUSE FILE 799 BY COMMITTEE ON AGRICULTURE (SUCCESSOR TO HSB 143) A BILL FOR An Act providing for programs and regulations related to 1 agriculture, including crop production, animal health, 2 agricultural processing, and agricultural marketing, 3 providing for powers and duties of the department of 4 agriculture and land stewardship, providing fees, and 5 providing penalties. 6 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 7 TLSB 1411HV (1) 91 da/ns |
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| 3 | 3 | | H.F. 799 DIVISION I 1 CROP PRODUCTION 2 PART A 3 APPLICATION OF NUTRIENTS 4 Section 1. Section 6A.21, subsection 1, paragraph b, Code 5 2025, is amended to read as follows: 6 b. (1) Agricultural land means real property owned by 7 a person in tracts of ten acres or more and not laid off into 8 lots of less than ten acres or divided by streets and alleys 9 into parcels of less than ten acres, and that has been used for 10 the production of agricultural commodities during three out 11 of the past five years. Such use of property includes , but 12 is not limited to , the raising, harvesting, handling, drying, 13 or storage of crops used for feed, food, seed, or fiber; the 14 care or feeding of livestock; the handling or transportation 15 of crops or livestock; the storage, treatment, or disposal of 16 livestock manure; and the application of fertilizers, soil 17 conditioners beneficial substances , pesticides, and herbicides 18 on crops. Agricultural land 19 (2) Agricultural land includes land on which is located 20 farm residences or outbuildings used for agricultural purposes 21 and land on which is located facilities, structures, or 22 equipment for agricultural purposes. Agricultural land 23 (3) Agricultural land includes land taken out of 24 agricultural production for purposes of environmental 25 protection or preservation. 26 Sec. 2. Section 190C.22, subsection 3, paragraph b, Code 27 2025, is amended to read as follows: 28 b. A sworn statement by the state chemist bureau chief 29 of the Iowa laboratory bureau or the state chemists bureau 30 chiefs deputy stating the results of an analysis of a sample 31 taken from a lot of agricultural products shall constitute 32 prima facie evidence of the correctness of the analysis of that 33 lot in a contested case proceeding or court proceeding. 34 Sec. 3. Section 200.3, Code 2025, is amended to read as 35 -1- LSB 1411HV (1) 91 da/ns 1/ 47 |
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| 5 | 5 | | H.F. 799 follows: 1 200.3 Definitions of words and terms . 2 When As used in this chapter , unless the context otherwise 3 requires : 4 1. Ammonium nitrate means a compound that is chiefly 5 composed of ammonium salt of nitric acid which contains not 6 less than thirty-three percent nitrogen, one-half of which is 7 in the ammonium form and one-half in the nitrate form. 8 2. The term anhydrous ammonia Anhydrous ammonia means 9 the compound formed by the combination of two gaseous elements, 10 nitrogen and hydrogen, in the proportion of one part nitrogen 11 to three parts hydrogen by volume. 12 3. Anhydrous ammonia plant means a facility used for 13 the manufacture or distribution of the compound formed by the 14 combination of two gaseous elements, nitrogen and hydrogen, in 15 the proportion of one part nitrogen to three parts hydrogen by 16 volume. 17 4. Beneficial substance means any substance or compound, 18 other than primary, secondary, and microplant nutrients, that 19 can be demonstrated by scientific research to be beneficial to 20 one or more species of plants, soils, or media, including any 21 of the following: 22 a. A plant amendment. 23 b. A plant biostimulant. 24 c. A plant inoculant. 25 d. A soil-amending ingredient. 26 e. A soil-amending ingredient form. 27 f. A soil amendment. 28 g. A soil inoculant. 29 5. The term brand Brand means a term, design, or 30 trademark used in connection with one or several grades 31 of commercial fertilizer , product name, or other specific 32 designation under which a individual beneficial substance or 33 commercial fertilizer is offered for sale . 34 5. The term bulk fertilizer shall mean commercial 35 -2- LSB 1411HV (1) 91 da/ns 2/ 47 |
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| 7 | 7 | | H.F. 799 fertilizer delivered to the purchaser in the solid, liquid, or 1 gaseous state, in a nonpackaged form to which a label cannot 2 be attached. 3 6. Bulk means in a nonpackaged form to which a label 4 cannot be attached. 5 7. The term commercial fertilizer Commercial 6 fertilizer includes fertilizer and fertilizer materials and 7 fertilizer-pesticide mixtures. 8 7. 8. Department means the department of agriculture and 9 land stewardship. 10 9. Distribute means to import, consign, manufacture, 11 produce, compound, mix, blend, or offer for sale, sell, barter, 12 or otherwise supply a commercial fertilizer or beneficial 13 substance in this state. 14 8. 10. The term distributor Distributor means 15 any person who imports, consigns, manufactures, produces, 16 compounds, mixes, or blends commercial fertilizer , or who 17 offers for sale, sells, barters, or otherwise distributes , a 18 commercial fertilizer or beneficial substance in this state. 19 9. 11. a. Established date of operation means the date on 20 which an anhydrous ammonia plant commenced operating. 21 b. If the physical facilities of the plant are subsequently 22 expanded, the established date of operation for each expansion 23 is deemed to be a separate and independent established date of 24 operation established as of the date of commencement of the 25 expanded operations. 26 c. The commencement of expanded operations does not divest 27 the plant of a previously established date of operation. 28 10. 12. Established date of ownership means the date 29 of the recording of an appropriate instrument of title 30 establishing the ownership of real estate. 31 11. 13. The term fertilizer Fertilizer means any 32 substance containing one or more recognized plant nutrient 33 which is nutrients used for its plant nutrient content 34 and which is designed for use and claimed to have value 35 -3- LSB 1411HV (1) 91 da/ns 3/ 47 |
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| 9 | 9 | | H.F. 799 in promoting plant growth except unmanipulated animal and 1 vegetable manures or calcium and magnesium carbonate materials 2 used primarily for correcting soil acidity. 3 12. 14. The term fertilizer material Fertilizer material 4 means any substance used as a fertilizer or for compounding 5 a fertilizer containing one or more of the recognized plant 6 nutrients which are used for promoting plant growth or altering 7 plant composition. 8 13. 15. The term grade Grade means the percentages 9 of total nitrogen, available phosphorus or P 2 O 5 or both, and 10 soluble potassium or K 2 O or both stated in whole numbers in same 11 terms, order , and percentages as in the guaranteed analysis 12 guaranteed analysis . 13 14. Guaranteed analysis: 14 16. a. (1) The term guaranteed analysis shall mean 15 Guaranteed analysis means the minimum percentage of plant 16 nutrients claimed and reported as Total Nitrogen (N), Available 17 Phosphorus (P) or P 2 O 5 or both, Soluble Potassium (K) or K 2 O or 18 both and in the following form: 19 Total Nitrogen (N) ... percent 20 Available Phosphorus (P) or P 2 O 5 or both ... percent 21 Soluble Potassium (K) or K 2 O or both ... percent 22 (2) Registration and guarantee of water soluble phosphorus 23 (P) or (P 2 O 5 ) shall be permitted. 24 b. The term guaranteed analysis Guaranteed analysis , 25 in the form specified in paragraph a , includes all of the 26 following : 27 (1) (a) For unacidulated mineral phosphatic materials and 28 basic slag, both total and available phosphorus or P 2 O 5 or both 29 and the degree of fineness. 30 (b) For bone tankage and other organic phosphatic 31 materials, total phosphorus or P 2 O 5 or both. 32 (2) When any additional plant nutrient elements contained 33 in a beneficial substance as identified in subsection 10 34 of this section , are claimed in writing, they shall be 35 -4- LSB 1411HV (1) 91 da/ns 4/ 47 |
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| 11 | 11 | | H.F. 799 identified in the guarantee, expressed as the element, and 1 shall be subject to inspection and analysis in accordance with 2 the methods and regulations that may be prescribed by the 3 association of official agricultural chemists. 4 17. Label means the display of all written, printed, 5 or graphic matter upon the immediate container or statement 6 accompanying a commercial fertilizer or beneficial substance. 7 18. Labeling means the advertising or promotion of any 8 commercial fertilizer or beneficial substance including but 9 not limited to any written, printed, graphic, or electronic 10 communication used in promoting the sale of a commercial 11 fertilizer or beneficial substance. 12 15. 19. Licensee means a person licensed under section 13 200.4 . 14 16. 20. Nuisance means public or private nuisance as 15 defined by statute or by the common law. 16 17. 21. Nuisance action or proceeding means an action, 17 claim or proceeding brought at law, in equity, or as an 18 administrative proceeding, which is based on nuisance. 19 18. 22. The term official sample Official sample means 20 any sample of commercial fertilizer taken by the secretary or 21 the secretarys agent. 22 19. Organic agricultural product means the same as defined 23 in section 190C.1 . 24 20. 23. Owner means the person holding record title to 25 real estate, and includes both legal and equitable interest 26 under recorded real estate contracts. 27 21. 24. The term percent or percentage Percent or 28 percentage means the percentage by weight. 29 22. 25. The term person Person includes an individual, 30 or a type of partnership, limited liability company, 31 corporation, or association, firm, and corporation formed or 32 organized to do business in this state or authorized to do or 33 transact business in this state . 34 23. 26. The term pesticide as used in this chapter 35 -5- LSB 1411HV (1) 91 da/ns 5/ 47 |
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| 13 | 13 | | H.F. 799 means Pesticide includes insecticides, miticides, nemacides, 1 fungicides, herbicides , and any other substance used in pest 2 control. 3 27. Plant amendment means any substance applied to 4 a plant seed which is intended to improve growth, yield, 5 product quality, reproduction, flavor, or other favorable 6 characteristics of a plant except a fertilizer, soil amendment, 7 agricultural liming material, animal manure, vegetable manure, 8 pesticide, plant regulator, or other material which may be 9 exempted by regulation. 10 28. Plant biostimulant means a substance, microorganism, 11 or mixture thereof, that, when applied to a seed, plant, the 12 rhizosphere, soil, or other growth media, acts to support 13 a plants natural nutrition processes independently of 14 the biostimulants nutrient content and improves nutrient 15 availability, uptake, or use efficiency, tolerance to abiotic 16 stress, and consequent growth, development, quality, or yield. 17 29. Plant inoculant means a product consisting of 18 microorganisms to be applied to the plant or soil for the 19 purpose of enhancing the availability or uptake of plant 20 nutrients through the root system. 21 24. 30. Secretary means the secretary of agriculture. 22 25. 31. The term sell Sell or sale includes exchange. 23 26. 32. A soil conditioner is Soil amendment means any 24 substance which when added to the soil or applied to plants 25 will produce a favorable growth, yield or quality of crop 26 or soil flora or fauna or other soil characteristics, other 27 than or a mixture of substances which is intended to improve 28 the physical, chemical, biochemical, biological, or other 29 characteristic of the soil, except a fertilizer, recognized 30 pesticide agricultural liming material , unmanipulated animal 31 and manure, unmanipulated vegetable manures or calcium and 32 magnesium carbonate materials used primarily for correcting 33 soil acidity manure, pesticide, or any other material exempted 34 by regulation . 35 -6- LSB 1411HV (1) 91 da/ns 6/ 47 |
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| 15 | 15 | | H.F. 799 33. Soil inoculant means a microbial product that is 1 applied to colonize the soil to benefit the soil chemistry, 2 biology, or structure. 3 34. Soil-amending ingredient means any substance which 4 when applied to soil will improve the physical, chemical, 5 biochemical, biological, or other characteristics of the soil. 6 35. Soil-amending ingredient form means the chemical 7 compound, such as salt, chelate, oxide, or acid, of an 8 ingredient or the physical form of an ingredient. 9 27. 36. A specialty fertilizer is Specialty fertilizer 10 means a commercial fertilizer distributed primarily for 11 nonfarm use, such as home gardens, lawns, shrubbery, flowers, 12 golf courses, municipal parks, cemeteries, greenhouses , and 13 nurseries , and may include commercial fertilizers used for 14 research or experimental purposes. 15 28. 37. The term ton Ton means a net weight of two 16 thousand pounds avoirdupois. 17 29. 38. a. The term unmanipulated manures Unmanipulated 18 manures means any substances composed primarily of excreta, 19 plant remains, or mixtures of such substances which have not 20 been processed in any manner other than dewatering. 21 b. Unmanipulated manures includes unmanipulated animal 22 manure or unmanipulated vegetable manure. 23 30. Words importing the singular number may extend and be 24 applied to several persons or things, and words importing the 25 plural number may include the singular. 26 Sec. 4. Section 200.4, Code 2025, is amended to read as 27 follows: 28 200.4 License fee and expiration mixture requirement . 29 1. Any person who manufactures, mixes, blends, mixes to 30 customers order, offers for sale, sells, or distributes any 31 fertilizer or soil conditioner beneficial substance in this 32 state must first obtain a license issued by the secretary and 33 pay a twenty dollar license fee for each place of manufacture 34 or distribution from which fertilizer or soil conditioner 35 -7- LSB 1411HV (1) 91 da/ns 7/ 47 |
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| 17 | 17 | | H.F. 799 beneficial substance products are sold or distributed in this 1 state. The license shall expire on July 1 of the even-numbered 2 year following the date the license is issued. A license may 3 be renewed for a two-year period as provided by the department. 4 2. The licensee shall at all times produce an intimate 5 and uniform mixture of fertilizers or soil conditioners 6 beneficial substances . When two or more fertilizer materials 7 are delivered in the same load, they shall be thoroughly and 8 uniformly mixed unless they are in separate compartments. 9 Sec. 5. Section 200.5, Code 2025, is amended to read as 10 follows: 11 200.5 Registration. 12 1. Each brand and grade of commercial fertilizer and each 13 soil conditioner beneficial substance shall be registered 14 before being offered for sale, sold , or otherwise distributed 15 in this state; except that a commercial fertilizer formulated 16 according to special specifications furnished by a consumer 17 to fill the consumers order shall not be required to be 18 registered, but shall be labeled as provided in section 200.6, 19 subsection 3 1, paragraph c . The application for registration 20 shall be submitted to the secretary on forms furnished by the 21 secretary and shall be accompanied by a label setting forth the 22 guaranteed analysis which shall be the same as that appearing 23 on the registered product. 24 2. All A registration will shall be permanent, provided, 25 however, that the secretary may request a listing of products 26 to be currently manufactured. The application shall include 27 the following information in the following order: 28 a. Net weight, if sold in packaged form. 29 b. Name and address of the registrant. 30 c. Name of product. 31 d. Brand. 32 e. Grade , if the product contains a recognized plant food . 33 f. Guaranteed analysis. 34 3. In addition to the information required in subsection 35 -8- LSB 1411HV (1) 91 da/ns 8/ 47 |
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| 19 | 19 | | H.F. 799 2 of this section , applications an application for the 1 registration of soil conditioners a beneficial substance must 2 include the name or chemical designation and percentage of 3 content of each of the active ingredients. Each microbial 4 organism ingredient must be identified with species and genus 5 in colony-forming units per gram for a dry product or per 6 milliliter for a liquid product. Another unit of quantity 7 may be acceptable if an accurate and verifiable guarantee is 8 presented. 9 4. The secretary is authorized , after public hearing, 10 following due notice, to adopt rules under chapter 17A 11 regulating the labeling and registration of specialty 12 commercial fertilizers and other fertilizer products beneficial 13 substances , when necessary in the secretarys opinion. The 14 secretary may require any reasonable information in addition 15 to section 200.3, subsection 14 16 , which is necessary and 16 useful to the purchasers of specialty fertilizers commercial 17 fertilizers and beneficial substances of this state and to 18 promote uniformity among states. 19 5. The secretary is authorized after public hearing, 20 following due notice, to establish adopt rules under chapter 21 17A establishing minimum acceptable levels of trace and 22 secondary elements components recognized as effective to aid 23 crops produced in Iowa this state and to require such warning 24 statements as may be deemed necessary to prevent injury to 25 crops or for user safety . 26 6. The secretary, whenever the secretary deems it necessary 27 in the administration of this chapter , may require the 28 submission of additional data about any article, including a 29 fertilizer , beneficial substance, or other product regulated 30 under this chapter to support the claims made for it. If it 31 appears to the secretary that the composition of the article is 32 such as to warrant the claims made for it, and if the article, 33 its labeling and other material required to be submitted, 34 comply with the requirements of this chapter , the secretary 35 -9- LSB 1411HV (1) 91 da/ns 9/ 47 |
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| 21 | 21 | | H.F. 799 shall register the product. 1 7. If it does not appear to the secretary that the article 2 is such as to warrant the proposed claims for it, or if the 3 article and its labeling and other material required to be 4 submitted does do not comply with the a provision of this 5 chapter , the secretary shall notify the registrant of the 6 manner in which the article, labeling, or other material 7 required to be submitted fails to comply with this chapter 8 so as to afford the registrant an opportunity to make the 9 necessary corrections before resubmitting the label. 10 8. It shall be the responsibility of the registrant to 11 submit satisfactory evidence of favorable effects and safety 12 of the product. 13 9. The secretary shall establish minimum requirements 14 for the registration of fertilizers and soil conditioners 15 beneficial substances by efficacy testing or the substantiation 16 of data relevant to Iowa this states crops and soils. 17 10. A distributor shall not be required to register 18 any brand and grade of commercial fertilizer or beneficial 19 substance which is already registered under this chapter by 20 another person. 21 11. The advisory committee created in section 206.23 shall 22 advise and assist the secretary on the registration of a 23 product of commercial fertilizer or soil conditioner under the 24 provisions of this chapter . 25 Sec. 6. Section 200.6, Code 2025, is amended to read as 26 follows: 27 200.6 Labeling. 28 1. a. Any commercial fertilizer offered for sale or sold or 29 distributed in this state in bags , or other containers , shall 30 have placed on or affixed to the container in legibly written 31 or printed form, the information required by section 200.5 , 32 subsection 2 ; , either on tags affixed to the end of the package 33 or directly on the package. 34 2. b. If distributed in bulk, the a shipment of commercial 35 -10- LSB 1411HV (1) 91 da/ns 10/ 47 |
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| 23 | 23 | | H.F. 799 fertilizer must be accompanied by a written or printed 1 statement giving the purchasers name and address in addition 2 to the labeling requirement set forth in section 200.5 , 3 subsection 2 . 4 3. c. A commercial fertilizer formulated according to 5 specifications which are furnished by a consumer prior to 6 mixing shall be labeled to show the net weight, guaranteed 7 analysis, and the name and address of the distributor and 8 may show the net weight and guaranteed analysis of each of 9 the fertilizer materials or soil conditioners used. It is 10 the responsibility of the distributor to mix these materials 11 uniformly and intimately so that when sampled in the prescribed 12 manner the resulting analysis would meet the guarantee. 13 4. d. All bulk bins or intermediate storage of bulk 14 commercial fertilizer where being offered for sale or 15 distributed direct to the consumer shall be labeled showing 16 brand, name , and grade of product. 17 5. e. All fertilizers distributed or stored in bulk, unless 18 in the manufacturers authorized containers, shall be labeled as 19 the responsibility of the possessor. 20 6. 2. Soil conditioners A beneficial substance shall be 21 labeled in accordance with subsection 1 of this section and 22 in addition shall show the name or chemical designation and 23 content or the active ingredients. 24 Sec. 7. Section 200.8, Code 2025, is amended to read as 25 follows: 26 200.8 Inspection fees. 27 1. a. There shall be paid by the licensee to the secretary 28 for all any commercial fertilizers and soil conditioners 29 fertilizer or beneficial substance sold , or distributed in this 30 state, an inspection fee to be fixed annually by the secretary 31 of agriculture at not more than twenty cents per ton. Sales 32 The sale of a commercial fertilizer or beneficial substance 33 for manufacturing purposes only are hereby is exempted from 34 fees an inspection fee but must still be reported showing 35 -11- LSB 1411HV (1) 91 da/ns 11/ 47 |
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| 25 | 25 | | H.F. 799 the manufacturer who purchased same it . Payment of said the 1 inspection fee by any licensee shall exempt all other persons, 2 firms , or corporations from the payment thereof. 3 b. On an individual packages package of specialty a 4 commercial fertilizer or beneficial substance containing 5 twenty-five pounds or less, there shall be paid by the 6 manufacturer in lieu of the semiannual inspection fee as set 7 forth in this chapter , an annual registration and inspection 8 fee of one hundred dollars for each brand and grade sold or 9 distributed in the state. In the event that any manufacturer 10 sells specialty a commercial fertilizer or beneficial substance 11 in packages a package of twenty-five pounds or less and also 12 in packages a package of more than twenty-five pounds, this 13 annual registration and inspection fee shall apply only to that 14 portion sold in packages a package of twenty-five pounds or 15 less, and that portion sold in packages a package of more than 16 twenty-five pounds shall be subject to the same inspection fee 17 as fixed by the secretary of agriculture as provided in this 18 chapter . 19 c. Any person other than a manufacturer who annually offers 20 for sale, sells, or distributes specialty fertilizer in the 21 amount of four thousand pounds or more or applies specialty 22 fertilizer for compensation shall pay an annual inspection fee 23 of thirty dollars in lieu of the semiannual inspection fee as 24 set forth in this chapter . 25 2. Every person who is a licensee and any person required 26 to pay an annual registration and inspection fee under this 27 chapter in this state shall do all of the following : 28 a. File not later than the last day of January and 29 July of each year, on forms furnished by the secretary, a 30 semiannual statement setting forth the number of net tons of 31 commercial fertilizer or soil conditioners beneficial substance 32 distributed in this state by grade for each county during the 33 preceding six-month period ; and upon . Upon filing such the 34 semiannual statement , the person shall pay the inspection fee 35 -12- LSB 1411HV (1) 91 da/ns 12/ 47 |
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| 27 | 27 | | H.F. 799 at the rate stated in subsection 1 . However, in lieu of the 1 semiannual statement by grade for each county, on individual 2 packages of specialty fertilizer containing twenty-five pounds 3 or less of commercial fertilizer , the registrant shall file 4 not later than the last day of July of each year, on forms 5 furnished by the secretary, an annual statement setting forth 6 the number of net tons of specialty commercial fertilizer 7 distributed in this state by grade during the preceding 8 twelve-month period. 9 b. If the tonnage report is not filed or the payment of 10 inspection fees, or both, is not made within ten days after 11 the last day of January and July of each year as required in 12 paragraph a of this subsection , a penalty amounting to ten 13 percent of the amount due, if any, shall be assessed against 14 the licensee. In any case, the penalty shall be no less than 15 fifty dollars. The amount of fees due, if any, and penalty 16 shall constitute a debt and become the basis of a judgment 17 against the licensee. 18 3. If there is an unencumbered balance of funds from the 19 amount of the fees deposited in the general fund pursuant to 20 sections 200.9 and 201A.11 on June 30 of any fiscal year equal 21 to or exceeding three hundred fifty thousand dollars, the 22 secretary of agriculture shall reduce the per ton fee provided 23 for in subsection 1 and the annual license fee established 24 pursuant to section 201A.3 for the next fiscal year in such 25 amount as will result in an ending estimated balance of such 26 funds for June 30 of the next fiscal year of three hundred 27 fifty thousand dollars. 28 4. 3. In addition to the fees imposed under subsection 29 1 , a groundwater protection fee shall be imposed upon 30 nitrogen-based fertilizer. The fee shall be based upon the 31 percentage of actual nitrogen contained in the product. An 32 eighty-two percent nitrogen solution shall be taxed at a rate 33 of seventy-five cents per ton. Other nitrogen-based product 34 formulations shall be taxed on the percentage of actual 35 -13- LSB 1411HV (1) 91 da/ns 13/ 47 |
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| 29 | 29 | | H.F. 799 nitrogen contained in the formulations with the eighty-two 1 percent nitrogen solution serving as the base. The fee 2 shall be paid by each licensee registering to sell fertilizer 3 to the secretary of agriculture. The fees collected shall 4 be deposited in the agriculture management account of the 5 groundwater protection fund. The secretary of agriculture 6 shall adopt rules for the payment, filing, and collection of 7 groundwater protection fees from licensees in conjunction 8 with the collection of registration and inspection fees. The 9 secretary shall, by rule, allow an exemption to the payment 10 of this fee for fertilizers which contain trace amounts of 11 nitrogen. 12 Sec. 8. Section 200.10, Code 2025, is amended to read as 13 follows: 14 200.10 Inspection, sampling, and analysis. 15 1. It shall be the duty of the secretary, who may act 16 through an authorized agent, to sample, inspect, make analysis 17 of, and test commercial fertilizers or soil conditioners 18 beneficial substances distributed within this state at time 19 and place and to such an extent as the secretary may deem 20 necessary, to determine whether such commercial fertilizers and 21 soil conditioners or beneficial substances are in compliance 22 with the provisions of this chapter . In the performance of 23 the foregoing duty, the secretary shall counsel may consult 24 with the director of the Iowa agricultural experimental station 25 in respect to the time, place , and extent of sampling. The 26 secretary acting individually or through an agent is authorized 27 to enter upon any public or private premises or conveyances 28 during regular business hours in order to have access to 29 a commercial fertilizers fertilizer or soil conditioners 30 beneficial substance subject to the provisions of this chapter 31 and the rules and regulations pertaining thereto including in 32 rules adopted by the department under this chapter . It shall 33 be the duty of the The secretary to shall maintain a laboratory 34 with the necessary equipment and to employ such employees 35 -14- LSB 1411HV (1) 91 da/ns 14/ 47 |
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| 31 | 31 | | H.F. 799 as may be necessary to aid assist in the administration and 1 enforcement of this chapter . 2 2. a. The methods of sampling and analysis shall be the 3 official methods of the association of official agricultural 4 chemists in all cases where methods have been adopted by the 5 association. 6 b. The findings of the state chemist or the state chemists 7 bureau chief of the Iowa laboratory bureau, or the bureau 8 chiefs deputy, as shown by the sworn statement of the results 9 of analysis of official samples of any brand and grade of 10 commercial fertilizer, fertilizer material , or soil conditioner 11 beneficial substance , shall constitute prima facie evidence of 12 their its correctness in the courts of this state, as to the 13 particular lots sampled and analyzed. 14 3. The secretary, in determining for administrative 15 purposes whether any commercial fertilizer is deficient in 16 plant food, or soil conditioner beneficial substance deficient 17 in guaranteed active ingredients, shall be guided by the 18 official sample as defined in section 200.3, subsection 18 22 , 19 and obtained and analyzed as provided for in subsection 2 of 20 this section . 21 4. The results of official analysis of any commercial 22 fertilizer or soil conditioner beneficial substance which 23 has been found to be in violation of any provision of this 24 chapter , shall be forwarded by the secretary to the registrant. 25 Upon request, the secretary shall furnish to the registrant a 26 portion of any sample. 27 Sec. 9. Section 200.11, Code 2025, is amended to read as 28 follows: 29 200.11 Filler material Item that is injurious or filler . 30 It shall be unlawful for any person to A person shall 31 not manufacture, offer for sale , or sell in this state, any 32 commercial fertilizer , or soil conditioner beneficial substance 33 containing any substance used as a filler item that is 34 injurious to crop growth or deleterious to the soil, or to use 35 -15- LSB 1411HV (1) 91 da/ns 15/ 47 |
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| 33 | 33 | | H.F. 799 in such commercial fertilizer , or soil conditioner beneficial 1 substance as a filler any substance item that contains inert or 2 useless plant food material for the purpose or with the effect 3 of deceiving or defrauding the purchaser. 4 Sec. 10. Section 200.12, Code 2025, is amended to read as 5 follows: 6 200.12 False or misleading statements. 7 A commercial fertilizer or soil conditioner beneficial 8 substance is misbranded if it does not identify substances 9 items promoting plant growth as defined in section 200.3, 10 subsection 11 , or if it carries any false or misleading 11 statement upon or attached to the container or stated on 12 the invoice or delivery ticket, or if the container or on 13 the invoice or delivery ticket or in any advertising matter 14 whatsoever connected with, accompanying , or associated with the 15 commercial fertilizer or soil conditioner beneficial substance . 16 Further, the burden of proof of the desirable effect of the 17 product commercial fertilizer or beneficial substance on plant 18 growth shall be the responsibility of the registrant. 19 Sec. 11. Section 200.14, Code 2025, is amended to read as 20 follows: 21 200.14 Rules. 22 1. a. The department may adopt rules pursuant to chapter 23 17A providing minimum general safety standards for the 24 design, construction, location, installation, and operation 25 of equipment for storage, handling, transportation by tank 26 truck or tank trailer, and utilization of fertilizers and soil 27 conditioners a fertilizer or beneficial substance . 28 b. The rules shall be such as are reasonably necessary 29 for the protection and safety of the public and persons using 30 fertilizers or soil conditioners a fertilizer or beneficial 31 substance , and shall be in substantial conformity with the 32 generally accepted standards of safety. 33 c. Fertilizer and soil conditioner or beneficial substance 34 equipment shall be installed and maintained in a safe 35 -16- LSB 1411HV (1) 91 da/ns 16/ 47 |
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| 35 | 35 | | H.F. 799 operating condition and in conformity with rules adopted by the 1 department. 2 2. The department may adopt such reasonable rules as may 3 be necessary in order to carry into effect the purpose, and to 4 secure the efficient administration, of this chapter . 5 3. This chapter does not prohibit the use of storage 6 tanks smaller than transporting tanks nor the transfer of all 7 kinds any kind of fertilizers fertilizer or soil conditioners 8 beneficial substance directly from transporting tanks to 9 implements of husbandry, if proper safety precautions are 10 observed. 11 4. Rules adopted to implement this chapter are not subject 12 to section 17A.7, subsection 2 or 3 . 13 Sec. 12. Section 200.15, Code 2025, is amended to read as 14 follows: 15 200.15 Refusal to register or cancellation of registration 16 and licenses. 17 1. Upon satisfactory evidence that the registrant or 18 licensee has used fraudulent or deceptive practices or has 19 willfully violated any provisions of this chapter or any 20 rules and regulations promulgated adopted under this chapter , 21 the secretary is authorized and empowered to do any of the 22 following: 23 a. Cancel the registration of any product of commercial 24 fertilizer or soil conditioner beneficial substance or license. 25 b. Refuse to register any product of commercial fertilizer 26 or soil conditioner beneficial substance . 27 c. Refuse to license any applicant. 28 2. However, a A registration or license shall not be revoked 29 or refused until the registrant or licensee has been given the 30 opportunity to appear for a hearing by the secretary. 31 Sec. 13. Section 200.16, Code 2025, is amended to read as 32 follows: 33 200.16 Stop sale orders. 34 The secretary may issue and enforce a written or printed 35 -17- LSB 1411HV (1) 91 da/ns 17/ 47 |
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| 37 | 37 | | H.F. 799 stop sale, use or removal order to the owner or custodian of 1 any lot of commercial fertilizer or soil conditioner beneficial 2 substance , if the secretary finds the commercial fertilizer 3 or soil conditioner beneficial substance is being offered or 4 exposed for sale in violation of any of the provisions of 5 this chapter or including any of the rules and regulations 6 promulgated rule adopted under this chapter . The secretary may 7 hold the commercial fertilizer or soil conditioner beneficial 8 substance at a designated place until the law has been complied 9 with and the commercial fertilizer or soil conditioner 10 beneficial substance is released in writing by the secretary, 11 or the violation has been otherwise legally disposed of by 12 written authority, and all costs and expenses incurred in 13 connection with the withdrawal have been paid. 14 Sec. 14. Section 200.17, Code 2025, is amended to read as 15 follows: 16 200.17 Seizure, condemnation, and sale. 17 Any lot of commercial fertilizer or soil conditioner 18 beneficial substance not in compliance with the provisions 19 of this chapter shall be subject to seizure on complaint of 20 the secretary to a court of competent jurisdiction in the 21 county or adjoining county in which the commercial fertilizer 22 or soil conditioner beneficial substance is located. In 23 the event the court finds the commercial fertilizer or soil 24 conditioner beneficial substance to be in violation of this 25 chapter and orders or an order for the condemnation of the 26 commercial fertilizer or soil conditioner beneficial substance , 27 it the commercial fertilizer or beneficial substance shall be 28 disposed of in any manner consistent with the quality of the 29 commercial fertilizer or soil conditioner beneficial substance 30 and the laws of the state. However, in no instance shall the 31 disposition of the commercial fertilizer or soil conditioner 32 beneficial substance shall not be ordered by the court without 33 first giving the claimant an opportunity to apply to the court 34 for release of the commercial fertilizer or soil conditioner 35 -18- LSB 1411HV (1) 91 da/ns 18/ 47 |
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| 39 | 39 | | H.F. 799 beneficial substance or for permission to reprocess or relabel 1 the commercial fertilizer or soil conditioner beneficial 2 substance to bring it into compliance with this chapter . 3 Sec. 15. Section 200.18, subsection 1, Code 2025, is amended 4 to read as follows: 5 1. If it shall appear from the examination of any commercial 6 fertilizer or soil conditioner beneficial substance or any 7 anhydrous ammonia installation, equipment, or operation that 8 any of the provisions a provision of this chapter or the rules 9 and regulations issued , including any rule adopted under this 10 chapter , have been violated, the secretary shall cause notice 11 of the violations to be given to the registrant, distributor, 12 or possessor from whom said sample was taken ; any . The person 13 so notified shall be given opportunity to be heard under such 14 rules and regulations as may be prescribed by the secretary. 15 If it appears after such hearing, either in the presence or 16 absence of the person so notified, that any of the provisions 17 provision of this chapter or rules and regulations issued , 18 including a rule adopted under this chapter have , has been 19 violated, the secretary may certify the facts to the proper 20 prosecuting attorney. 21 Sec. 16. Section 200.19, Code 2025, is amended to read as 22 follows: 23 200.19 Exchanges between manufacturers. 24 Nothing in this chapter shall be construed to restrict or 25 avoid sales or exchanges of commercial fertilizers or soil 26 conditioners beneficial substances to each other by importers, 27 manufacturers, or manipulators who mix fertilizer materials for 28 sale or as preventing the free and unrestricted shipments of 29 commercial fertilizer or soil conditioner to manufacturers or 30 manipulators who have registered their brands as required by 31 the provisions of this chapter . 32 Sec. 17. Section 200.20, subsection 2, Code 2025, is amended 33 to read as follows: 34 2. Subsection 1 shall does not apply to any of the 35 -19- LSB 1411HV (1) 91 da/ns 19/ 47 |
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| 40 | 40 | | |
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| 41 | 41 | | H.F. 799 following: 1 a. A specialty fertilizer. 2 b. A fertilizer designed to be applied and ordinarily 3 applied directly to growing plant foliage to stimulate further 4 growth. 5 c. Compost materials to be applied on land, if any of the 6 following apply: 7 (1) The land is being used to produce an agricultural 8 commodity that is an organic agricultural product as provided 9 in chapter 190C , including rules adopted by the department 10 under that chapter. 11 (2) The land is in the transition of being used to produce 12 an agricultural commodity that is an organic agricultural 13 product, pursuant to rules adopted by the department as 14 provided in chapter 190C . 15 Sec. 18. Section 200.22, subsection 2, Code 2025, is amended 16 to read as follows: 17 2. The provisions of this chapter and rules adopted by 18 the department pursuant to this chapter shall preempt local 19 legislation adopted by a local governmental entity relating to 20 the use, sale, distribution, storage, transportation, disposal, 21 formulation, labeling, registration, or manufacture of a 22 fertilizer or soil conditioner beneficial substance . A local 23 governmental entity shall not adopt or continue in effect local 24 legislation relating to the use, sale, distribution, storage, 25 transportation, disposal, formulation, labeling, registration, 26 or manufacture of a fertilizer or soil conditioner beneficial 27 substance , regardless of whether a statute or rule adopted 28 by the department applies to preempt the local legislation. 29 Local legislation in violation of this section is void and 30 unenforceable. 31 Sec. 19. Section 200A.2, Code 2025, is amended to read as 32 follows: 33 200A.2 Purpose. 34 The purpose of this chapter is to regulate certain bulk 35 -20- LSB 1411HV (1) 91 da/ns 20/ 47 |
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| 42 | 42 | | |
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| 43 | 43 | | H.F. 799 dry animal manure for use as a fertilizer or soil conditioner 1 beneficial substance , which is unmanipulated and therefore not 2 subject to regulation under chapter 200 . 3 Sec. 20. Section 202.1, subsection 12, Code 2025, is amended 4 to read as follows: 5 12. Produce means to do any of the following: 6 a. Provide feed or services relating to as part of the 7 livestocks care and feeding of livestock . If the livestock is 8 dairy cattle, produce includes milking the dairy cattle and 9 storing raw milk at the contract producers contract livestock 10 facility. 11 b. Provide for planting, raising, harvesting, and storing 12 a crop. Produce includes preparing the soil for planting 13 and nurturing the crop by the application of fertilizers a 14 fertilizer or soil conditioners beneficial substance as defined 15 in section 200.3 or pesticides a pesticide as defined in 16 section 206.2 . 17 Sec. 21. Section 206.12, subsection 1, paragraph a, Code 18 2025, is amended to read as follows: 19 a. For the purpose of this chapter , fertilizers a fertilizer 20 in a mixed fertilizer-pesticide formulations formulation or 21 a beneficial substance in a beneficial substance-pesticide 22 formulation shall be considered as an inert ingredients 23 ingredient . 24 Sec. 22. Section 321.1, subsection 1, Code 2025, is amended 25 to read as follows: 26 1. a. Agricultural hazardous material means a hazardous 27 material, other than hazardous waste, whose end use directly 28 supports the production of an agricultural commodity, 29 including , but not limited to , a fertilizer, pesticide, soil 30 conditioner beneficial substance , or fuel. 31 b. Agricultural hazardous material is limited to material 32 in class 3, 8, or 9, division 2.1, 2.2, 5.1, or 6.1, or an ORM-D 33 material as defined in 49 C.F.R. 171.8 . 34 Sec. 23. Section 403.17, subsection 3, Code 2025, is amended 35 -21- LSB 1411HV (1) 91 da/ns 21/ 47 |
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| 44 | 44 | | |
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| 45 | 45 | | H.F. 799 to read as follows: 1 3. a. Agricultural land means real property owned by a 2 person in tracts of ten acres or more and not laid off into 3 lots of less than ten acres or divided by streets and alleys 4 into parcels of less than ten acres, and that has been used for 5 the production of agricultural commodities during three out 6 of the past five years. Such use of property includes, but 7 is not limited to, the raising, harvesting, handling, drying, 8 or storage of crops used for feed, food, seed, or fiber; the 9 care or feeding of livestock; the handling or transportation 10 of crops or livestock; the storage, treatment, or disposal of 11 livestock manure; and the application of fertilizers, soil 12 conditioners beneficial substances , pesticides, and herbicides 13 on crops. Agricultural land 14 b. Agricultural land includes land on which is located 15 farm residences or outbuildings used for agricultural purposes 16 and land on which is located facilities, structures, or 17 equipment for agricultural purposes. Agricultural land 18 c. Agricultural land includes land taken out of 19 agricultural production for purposes of environmental 20 protection or preservation. 21 Sec. 24. Section 455B.411, subsection 3, paragraph b, 22 subparagraph (1), Code 2025, is amended to read as follows: 23 (1) Agricultural wastes, including manures and crop 24 residues that are returned to the soil as fertilizers or soil 25 conditioners beneficial substances . 26 Sec. 25. Section 455E.11, subsection 2, paragraph b, 27 unnumbered paragraph 1, Code 2025, is amended to read as 28 follows: 29 An agriculture management account. Moneys collected from 30 the groundwater protection fee levied pursuant to section 31 200.8, subsection 4 3 , the portion of the fees collected 32 pursuant to section 206.8, subsection 2 , and section 206.12, 33 subsection 3 , and other moneys designated for the purpose of 34 agriculture management shall be deposited in the agriculture 35 -22- LSB 1411HV (1) 91 da/ns 22/ 47 |
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| 46 | 46 | | |
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| 47 | 47 | | H.F. 799 management account. The agriculture management account shall 1 be used for the following purposes: 2 Sec. 26. Section 579B.1, subsection 14, paragraph b, Code 3 2025, is amended to read as follows: 4 b. Provide for planting, raising, harvesting, and storing 5 a crop. Produce includes preparing the soil for planting 6 and nurturing the crop by the application of fertilizers a 7 fertilizer or soil conditioners beneficial substance as defined 8 in section 200.3 or pesticides a pesticide as defined in 9 section 206.2 . 10 Sec. 27. Section 716.11, subsection 2, Code 2025, is amended 11 to read as follows: 12 2. a. Critical infrastructure sabotage means an 13 unauthorized and overt act intended to cause and having the 14 means to cause, and in substantial furtherance of causing, a 15 substantial and widespread interruption or impairment of a 16 fundamental service rendered by the critical infrastructure. 17 However, critical infrastructure sabotage 18 b. Critical infrastructure sabotage does not include 19 an accidental interruption or impairment of service to the 20 critical infrastructure caused by a person in the performance 21 of the persons work duties or caused by a persons lawful 22 activity. In addition, critical infrastructure sabotage does 23 not include any condition or activity related to the production 24 of farm products as defined in section 554.9102 , including 25 but not limited to the discharge of agricultural stormwater; 26 the construction or use of soil or water quality conservation 27 practices or structures; the preparation of agricultural land 28 and the raising, harvesting, drying, or storage of agricultural 29 crops; the application of a fertilizer or beneficial substance 30 as defined in section 200.3 , pesticides a pesticide as defined 31 in section 206.2 , or manure as defined in section 459.102 ; the 32 installation and use of agricultural drainage tile and systems; 33 the construction, operation, or management of an animal feeding 34 operation as defined in section 459.102 ; and the care, feeding, 35 -23- LSB 1411HV (1) 91 da/ns 23/ 47 |
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| 48 | 48 | | |
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| 49 | 49 | | H.F. 799 or watering of livestock. 1 PART B 2 APPLICATION OF PESTICIDES CERTIFICATION 3 Sec. 28. Section 206.5, subsection 7, paragraph b, 4 subparagraph (1), Code 2025, is amended to read as follows: 5 (1) The department shall may adopt by rule criteria for 6 allowing a person required to be certified to complete either 7 a written or oral examination. 8 DIVISION II 9 ANIMAL HEALTH 10 PART A 11 CONTROL OF INFECTIOUS OR CONTAGIOUS DISEASES AFFLICTING ANIMALS 12 Sec. 29. Section 163.1, subsection 1, Code 2025, is amended 13 by striking the subsection. 14 Sec. 30. Section 163.1, subsection 3, Code 2025, is amended 15 to read as follows: 16 3. Determine and employ the most efficient and practical 17 means for the identification and control of an infectious or 18 contagious disease afflicting animals that may threaten or 19 actually threatens animals in this state . 20 Sec. 31. NEW SECTION . 163.2B Rules. 21 1. The department shall adopt rules pursuant to chapter 17A 22 to administer and enforce this chapter. 23 2. If the department determines that rules described in 24 subsection 1 are required to be adopted and take effect on 25 an emergency basis to prevent or control the outbreak of an 26 infectious or contagious disease afflicting animals, the 27 department may adopt emergency rules under section 17A.4, 28 subsection 3, and section 17A.5, subsection 2, paragraph b , 29 to administer and enforce this chapter. The rules shall be 30 effective immediately upon filing unless a later date is 31 specified in the rules. Any rules adopted in accordance with 32 this subsection shall also be published as a notice of intended 33 action as provided in section 17A.4. 34 Sec. 32. CODE EDITOR DIRECTIVE. 35 -24- LSB 1411HV (1) 91 da/ns 24/ 47 |
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| 50 | 50 | | |
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| 51 | 51 | | H.F. 799 1. The Code editor is directed to make the following 1 transfers: 2 a. Section 163.2A to section 163.3. 3 b. Section 163.2B to section 163.2A. 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. 33. DIRECTIONS TO CODE EDITOR. The Code editor is 8 directed to arrange the provisions of chapter 163, subchapter 9 I, parts 1 and 2, as amended or enacted in this division of this 10 Act, into the following parts: 11 1. Part 1, including sections 163.1 through 163.2A. 12 2. Part 2, including sections 163.3 through 163.5. 13 PART B 14 PRACTICE OF VETERINARY MEDICINE 15 Sec. 34. Section 169.5, subsection 9, Code 2025, is amended 16 to read as follows: 17 9. A person who provides veterinary medical services, 18 owns a veterinary clinic, or practices in this state shall 19 obtain a certificate from the board and be subject to the same 20 standards of conduct, as provided in this chapter and rules 21 adopted by the board, as apply to a licensed veterinarian, 22 unless the board determines that the same standards of 23 conduct are inapplicable. The board shall issue, renew, or 24 deny a certificate; adopt rules relating to the standards of 25 conduct; and take disciplinary action against the person, 26 including suspension or revocation of a certificate, in 27 accordance with the procedures established in section 169.14 . 28 Certification fees shall be established by the board pursuant 29 to subsection 7 , paragraph j . Fees Certification fees 30 shall be established in an amount sufficient to fully offset 31 the costs of certification pursuant to this subsection . F or 32 the fiscal year beginning July 1, 2001, and ending June 30, 33 2002, the department shall retain fees collected to administer 34 the program of certifying veterinary clinics and the fees 35 -25- LSB 1411HV (1) 91 da/ns 25/ 47 |
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| 52 | 52 | | |
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| 53 | 53 | | H.F. 799 retained are appropriated to the department for the purposes 1 of this subsection . For the fiscal year beginning July 1, 2 2001, and ending June 30, 2002, notwithstanding section 8.33 , 3 fees which remain unexpended at the end of the fiscal year 4 shall not revert to the general fund of the state but shall be 5 available for use for the following fiscal year to administer 6 the program. For the fiscal year beginning July 1, 2002, and 7 succeeding fiscal years, certification Certification fees 8 shall be deposited in the general fund of the state and are 9 appropriated to the department to administer the certification 10 provisions of this subsection . This subsection shall not 11 apply to an animal shelter, as defined in section 162.2 , that 12 provides veterinary medical services to animals in the custody 13 of the shelter. 14 Sec. 35. Section 169.13, Code 2025, is amended to read as 15 follows: 16 169.13 Discipline of licensees. 17 1. The board of veterinary medicine, after due notice and 18 hearing, may revoke or suspend a license to practice veterinary 19 medicine take disciplinary action against a licensee if it 20 determines that a veterinarian licensed to practice veterinary 21 medicine is guilty of violating any of the following acts or 22 offenses: grounds for discipline in this section. 23 2. The board is authorized to discipline licensees in any 24 of the following ways: 25 a. Impose a civil penalty against the licensee in an amount 26 not to exceed ten thousand dollars. If the board imposes a 27 civil penalty, all of the following apply: 28 (1) The collection of the civil penalty may be enforced in 29 a civil action brought by the attorney general on behalf of the 30 board. 31 (2) Moneys collected in civil penalties shall be deposited 32 in the general fund of the state. 33 b. Revoke or suspend a license to practice veterinary 34 medicine. 35 -26- LSB 1411HV (1) 91 da/ns 26/ 47 |
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| 54 | 54 | | |
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| 55 | 55 | | H.F. 799 3. Any of the following actions or offenses constitutes 1 grounds for discipline: 2 a. Knowingly making a misleading, deceptive, untrue, or 3 fraudulent representation in the practice of the profession. 4 b. Being convicted of a felony in the courts a court of 5 this state or another state, territory, or country. Conviction 6 as used in this paragraph includes a conviction of an offense 7 which if committed in this state would be deemed a felony 8 without regard to its designation elsewhere, or a criminal 9 proceeding in which a finding or verdict of guilt is made or 10 returned, but the adjudication or guilt is either withheld or 11 not entered. A certified copy of the final order or judgment 12 of conviction or plea of guilty in this state or in another 13 state is conclusive evidence. 14 c. Violating a statute or law of this state, another state, 15 or the United States, without regard to its designation as 16 either felony or misdemeanor, which if the statute or law 17 relates to the practice of veterinary medicine. 18 d. Having the persons license to practice veterinary 19 medicine revoked or suspended, or having other disciplinary 20 action taken by a licensing authority of another state, 21 territory, or country. A certified copy of the record or 22 order of the suspension, revocation, or disciplinary action is 23 conclusive or prima facie evidence. 24 e. Knowingly aiding, assisting, procuring, or advising a 25 person to unlawfully practice veterinary medicine. 26 f. Being adjudged mentally incompetent by a court of 27 competent jurisdiction. The adjudication shall automatically 28 suspend a license for the duration of the license unless the 29 board orders otherwise. 30 g. Being guilty of a willful or repeated departure from, or 31 the a failure to conform to, the minimal standard of acceptable 32 and prevailing practice of veterinary medicine as defined in 33 rules adopted by the board, in which proceeding actual injury 34 to an animal need not be established; or the committing by a 35 -27- LSB 1411HV (1) 91 da/ns 27/ 47 |
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| 56 | 56 | | |
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| 57 | 57 | | H.F. 799 veterinarian of an act contrary to honesty, justice, or good 1 morals, whether the act is committed in the course of the 2 practice or otherwise, and whether committed within or without 3 this state. 4 h. Inability Demonstrating an inability to practice 5 veterinary medicine with reasonable skill and safety by reason 6 of illness, drunkenness, excessive use of drugs, narcotics, 7 chemicals, or other type of material or as a result of a mental 8 or physical condition. 9 i. Willful Having willfully or repeated violation of 10 repeatedly violated lawful rules adopted by the board or 11 violation of a lawful order of the board, previously entered by 12 the board in a disciplinary hearing. 13 2. 4. a. The board, upon probable cause, may compel a 14 veterinarian to submit to a mental or physical examination by 15 designated physicians. Failure of a veterinarian to submit to 16 an examination constitutes an admission to the allegations made 17 against that veterinarian and the finding of fact and decision 18 of the board may be entered without the taking of testimony 19 or presentation of evidence. At reasonable intervals, a 20 veterinarian shall be afforded an opportunity to demonstrate 21 that the veterinarian can resume the competent practice 22 of veterinary medicine with reasonable skill and safety to 23 animals. 24 b. A person licensed to practice veterinary medicine who 25 makes application applies for the renewal of the persons 26 license as required by section 169.12 gives consent to 27 submit to a mental or physical examination as provided by 28 this paragraph when directed in writing by the board. All 29 objections shall be waived as to the admissibility of the 30 examining physicians testimony or examination reports on 31 the grounds that they constitute privileged communication. 32 The medical testimony or examination reports shall not 33 be used against a veterinarian in another proceeding and 34 are confidential except for other actions filed against a 35 -28- LSB 1411HV (1) 91 da/ns 28/ 47 |
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| 58 | 58 | | |
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| 59 | 59 | | H.F. 799 veterinarian to revoke or suspend that persons license. 1 PART C 2 COURT-ORDERED MANAGEMENT OF LIVESTOCK IN IMMEDIATE NEED OF 3 SUSTENANCE 4 Sec. 36. Section 717.4A, Code 2025, is amended to read as 5 follows: 6 717.4A Livestock in immediate need of sustenance livestock 7 remediation fund. 8 The department may utilize the moneys deposited into the 9 livestock remediation fund pursuant to section 459.501 to pay 10 for any expenses associated with providing sustenance to or 11 the disposition of the livestock pursuant to a court order 12 entered pursuant to section 717.3 or 717.5 . The department 13 shall utilize moneys from the fund only to the extent that the 14 department determines that expenses cannot be timely paid by 15 utilizing the available provisions of sections 717.4 and 717.5 . 16 The department shall deposit any unexpended and unobligated 17 moneys in the fund. The department shall pay to the fund the 18 proceeds from the disposition of the livestock and associated 19 products less expenses incurred by the department in providing 20 for the sustenance and disposition of the livestock, as 21 provided in section 717.5 If there are proceeds remaining after 22 the disposition of the livestock or associated products and 23 satisfaction of the departments expenses, and the department 24 has utilized moneys from the livestock remediation fund, the 25 department shall repay the fund from the proceeds . 26 Sec. 37. Section 717.5, subsection 1, Code 2025, is amended 27 by adding the following new paragraph: 28 NEW PARAGRAPH . d. If the court orders the disposition of 29 the livestock that involves the livestocks sale or transfer, 30 the order shall be deemed as occurring by a receiver appointed 31 pursuant to section 680.4. 32 Sec. 38. Section 717.5, subsection 3, Code 2025, is amended 33 by adding the following new paragraph: 34 NEW PARAGRAPH . d. If any moneys remain after satisfying the 35 -29- LSB 1411HV (1) 91 da/ns 29/ 47 |
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| 60 | 60 | | |
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| 61 | 61 | | H.F. 799 costs of the local authority or department, such moneys shall 1 be distributed pursuant to the process and priorities contained 2 in chapter 680. 3 DIVISION III 4 AGRICULTURAL PROCESSING 5 Sec. 39. NEW SECTION . 189A.1A Objective. 6 1. It is the objective of this chapter to provide for meat 7 and poultry products inspection programs that will impose and 8 enforce requirements with respect to intrastate operations 9 and commerce that are at least equal to those imposed and 10 enforced under the federal Meat Inspection Act and the federal 11 Poultry Products Inspection Act with respect to operations and 12 transactions in interstate commerce. 13 2. The secretary is directed to administer this chapter 14 so as to accomplish this objective. The bureau chief of the 15 meat and poultry inspection bureau shall be designated as the 16 secretarys delegate to be the appropriate state official to 17 cooperate with the secretary of agriculture of the United 18 States in administration of this chapter. 19 Sec. 40. Section 189A.2, Code 2025, is amended by adding the 20 following new subsections: 21 NEW SUBSECTION . 5A. Department means the department of 22 agriculture and land stewardship. 23 NEW SUBSECTION . 29A. Secretary means the secretary of 24 agriculture. 25 Sec. 41. Section 189A.3, Code 2025, is amended to read as 26 follows: 27 189A.3 License fee. 28 1. a. A person shall not operate an establishment without 29 first obtaining a license from the department. 30 b. Paragraph a does not apply to any of the following: 31 (1) A food establishment as defined in section 137F.1 . 32 (2) A home food processing establishment as defined in 33 section 137D.1. 34 (2) (3) A person who slaughters, processes, or prepares 35 -30- LSB 1411HV (1) 91 da/ns 30/ 47 |
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| 62 | 62 | | |
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| 63 | 63 | | H.F. 799 livestock or poultry of the persons own raising, exclusively 1 for the persons household, nonpaying guests, or nonpaying 2 employees. 3 2. a. The license fee for each establishment per year or 4 any part of a year shall be as follows : 5 a. (1) For all meat and poultry slaughtered or otherwise 6 prepared not exceeding twenty thousand pounds per year for 7 sale, resale, or custom, twenty-five fifty dollars. 8 b. (2) For all meat and poultry slaughtered or otherwise 9 prepared in excess of twenty thousand pounds per year for sale, 10 resale, or custom, fifty one hundred dollars. 11 b. A license fee collected by the department shall be 12 retained by the department as appropriated receipts for 13 administration of this chapter. 14 3. a. The moneys shall be deposited with the department. 15 The A license year shall be from July 1 to June 30 shall expire 16 on July 1 of each odd-numbered year . Applications 17 b. An application for licenses a license shall be in writing 18 on forms a form prescribed by the department. 19 4. It is the objective of this chapter to provide for meat 20 and poultry products inspection programs that will impose and 21 enforce requirements with respect to intrastate operations 22 and commerce that are at least equal to those imposed and 23 enforced under the federal Meat Inspection Act and the federal 24 Poultry Products Inspection Act with respect to operations 25 and transactions in interstate commerce; and the secretary 26 is directed to administer this chapter so as to accomplish 27 this purpose. A director of the meat and poultry inspection 28 service shall be designated as the secretarys delegate to be 29 the appropriate state official to cooperate with the secretary 30 of agriculture of the United States in administration of this 31 chapter . 32 Sec. 42. Section 189A.4, subsection 1, unnumbered paragraph 33 1, Code 2025, is amended to read as follows: 34 In order to accomplish the objectives objective of this 35 -31- LSB 1411HV (1) 91 da/ns 31/ 47 |
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| 64 | 64 | | |
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| 65 | 65 | | H.F. 799 chapter , the secretary may exempt the following types of 1 operations from inspection: 2 Sec. 43. Section 189A.5, subsection 2, unnumbered paragraph 3 1, Code 2025, is amended to read as follows: 4 In order to accomplish the objectives objective stated 5 in section 189A.3 189A.1A, the secretary shall do any of the 6 following : 7 Sec. 44. Section 189A.7, unnumbered paragraph 1, Code 2025, 8 is amended to read as follows: 9 In order to accomplish the objective stated in section 10 189A.3 189A.1A, the secretary may do any of the following : 11 DIVISION IV 12 MARKETING OF GRAIN AND INDEMNIFICATION OF LOSSES 13 Sec. 45. Section 203.12, subsection 1, Code 2025, is amended 14 to read as follows: 15 1. Upon the cessation of a grain dealer license by 16 revocation, cancellation, or expiration, any claim for the 17 purchase price of grain against the grain dealer shall be made 18 in writing and filed with the grain dealer and with the issuer 19 of a deficiency bond or of an irrevocable letter of credit 20 and with the department within one hundred twenty days after 21 the date of the cessation. A failure to make this timely 22 claim relieves the issuer and the grain depositors and sellers 23 indemnity fund provided in chapter 203D section 203D.6 or 24 203D.6A of all obligations to the claimant. 25 Sec. 46. Section 203C.14, subsection 2, paragraph a, Code 26 2025, is amended to read as follows: 27 a. Upon the cessation of a warehouse operators license due 28 to revocation, cancellation, or expiration, a claim against the 29 warehouse operator arising under this chapter shall be made in 30 writing with the warehouse operator, with the issuer of a bond 31 on agricultural products other than bulk grain, a deficiency 32 bond, or an irrevocable letter of credit, and, if the claim 33 relates to bulk grain, with the department. The claim must 34 be made within one hundred twenty days after the cessation 35 -32- LSB 1411HV (1) 91 da/ns 32/ 47 |
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| 66 | 66 | | |
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| 67 | 67 | | H.F. 799 of the license. The failure to make a timely claim relieves 1 the issuer and, if the claim relates to bulk grain, the grain 2 depositors and sellers indemnity fund provided in chapter 203D 3 section 203D.6 or 203D.6A of all obligations to the claimant. 4 Sec. 47. Section 203D.1, Code 2025, is amended by adding the 5 following new subsections: 6 NEW SUBSECTION . 8A. Indemnity fees or fees means a 7 participation fee and per-bushel fee as provided in sections 8 203D.3 and 203D.3A. 9 NEW SUBSECTION . 14A. Repayment loss means the amount 10 of a repayment claim held by a seller for purchased grain 11 that the seller had paid back or is required to pay back to 12 a grain dealers bankruptcy estate, pursuant to an order 13 issued, judgment entered, settlement agreement approved, or 14 reorganization plan approved by a bankruptcy court, and which 15 amount has not been subsequently recovered through other legal 16 or equitable remedies including the liquidation of assets. 17 Sec. 48. Section 203D.3, subsections 1 and 4, Code 2025, are 18 amended to read as follows: 19 1. The grain depositors and sellers indemnity fund is 20 created in the state treasury as a separate account. The 21 general fund of the state is not liable for claims presented 22 against the fund under section 203D.6 or 203D.6A . 23 4. The moneys collected under this section and deposited in 24 the fund shall be used exclusively to indemnify depositors and 25 sellers as provided in section 203D.6 or 203D.6A and to pay the 26 administrative costs of this chapter . 27 Sec. 49. Section 203D.3A, unnumbered paragraph 1, Code 28 2025, is amended to read as follows: 29 The department shall collect indemnity fees , including 30 participation fees and per-bushel fees as provided in this 31 section , if established imposed by the board pursuant to 32 section 203D.5 , at rates determined by the board as provided 33 in that section. A person required to pay a fee shall use 34 licensee shall remit indemnity fees and forms and deliver the 35 -33- LSB 1411HV (1) 91 da/ns 33/ 47 |
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| 68 | 68 | | |
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| 69 | 69 | | H.F. 799 payment to the department as required by the department. 1 Sec. 50. Section 203D.3A, subsection 1, paragraph a, 2 subparagraph (1), Code 2025, is amended to read as follows: 3 (1) In calculating the amount of the initial participation 4 fee, an applicant for a new license shall be deemed a licensee 5 paying remitting the full annual amount of the participation 6 fee owing on the licensees first anniversary date as provided 7 in paragraph b . The department must be satisfied that the 8 applicant is calculating the amount due in good faith and using 9 the best information available. 10 (a) For a licensed grain dealer, the anniversary date is 11 the last date to apply for the renewal of the grain dealers 12 license before the license expires as provided in section 13 203.5. 14 (b) For a licensed warehouse operator, the anniversary date 15 is the last date to apply for the renewal of the warehouse 16 operators license before the license expires as provided in 17 section 203C.37. 18 Sec. 51. Section 203D.3A, subsection 1, paragraph b, Code 19 2025, is amended to read as follows: 20 b. A licensee shall pay remit a participation fee in one 21 installment as part of a license renewal application in the 22 same manner provided in paragraph a . However, the licensee 23 may elect to remit the participation fee on four successive 24 installment dates, with each installment date occurring on in 25 the month succeeding the last date of the funds assessment 26 quarter as provided in section 203D.3 , on December 15, March 27 15, June 15, and September 15 . The licensee shall pay remit 28 twenty-five percent of the total participation fee assessed on 29 each installment date. However, nothing in this subsection 30 prevents a licensee from paying the participation fee on an 31 accelerated basis. A licensee shall pay the first installment 32 on the last date of the funds assessment quarter immediately 33 following the licensees anniversary date. 34 (1) For a licensed grain dealer, the anniversary date is 35 -34- LSB 1411HV (1) 91 da/ns 34/ 47 |
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| 70 | 70 | | |
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| 71 | 71 | | H.F. 799 the last date to apply for the renewal of the grain dealers 1 license before the license expires as provided in section 2 203.5 . 3 (2) For a licensed warehouse operator, the anniversary date 4 is the last date to apply for the renewal of the warehouse 5 operators license before the license expires as provided in 6 section 203C.37 . 7 Sec. 52. Section 203D.3A, subsection 2, Code 2025, is 8 amended to read as follows: 9 2. a. A licensed grain dealer shall remit a per-bushel fee 10 shall be assessed on all purchased grain. 11 b. The licensed grain dealer shall forward remit the 12 per-bushel fee to the department on a quarterly basis in the 13 manner and using the forms a form prescribed by the department. 14 The licensed grain dealer shall remit the per-bushel fee 15 and form on four successive installment dates, with each 16 installment date occurring in the month succeeding the last 17 assessment quarter as provided in section 203D.3, on December 18 15, March 15, June 15, and September 15. 19 c. A licensee licensed grain dealer is delinquent if the 20 licensee grain dealer fails to submit remit the full quarterly 21 per-bushel fee or quarterly forms and form when due or if, 22 upon examination, an underpayment of the fee is found by the 23 department. The licensed grain dealer is subject to a penalty 24 of ten dollars for each day the licensed grain dealer is 25 delinquent or an amount equal to the amount of the deficiency, 26 whichever is less. However, a licensee licensed grain dealer 27 who fails to submit remit the full quarterly per-bushel fee or 28 quarterly forms form when due , is subject to a minimum payment 29 of ten dollars. The department may establish and apply a 30 margin of error in determining whether a licensed grain dealer 31 is delinquent. The per-bushel fee shall be collected only once 32 on each bushel of grain. 33 c. d. The per-bushel fee shall not be collected more 34 than once on each bushel of grain. A licensed grain dealer 35 -35- LSB 1411HV (1) 91 da/ns 35/ 47 |
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| 72 | 72 | | |
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| 73 | 73 | | H.F. 799 may choose to pass on the cost of a per-bushel fee to the 1 sellers by an itemized discount noted on the settlement sheet. 2 However, if the per-bushel fee is not in effect, no a licensed 3 grain dealer shall not make such a discount on the purchase of 4 grain. A discount made nominally for the per-bushel fee while 5 the per-bushel fee is not in effect is grounds for a license 6 suspension or revocation under chapter 203 . 7 Sec. 53. Section 203D.5, subsection 1, unnumbered paragraph 8 1, Code 2025, is amended to read as follows: 9 The board shall annually review the debits of and credits 10 to the grain depositors and sellers indemnity fund created 11 in section 203D.3 and shall determine whether to impose the 12 participation fee and per-bushel fee as provided in section 13 203D.3A , make adjustments to the indemnity fees effective 14 on the previous September 1, or waive the indemnity fees as 15 necessary to comply with this section . The board shall make 16 the determination not later than May 1 of each year. The 17 board shall impose the indemnity fees or adjust the indemnity 18 fees effective on the previous September 1 in accordance with 19 chapter 17A . The imposition or adjustment of the indemnity 20 fees shall become effective as follows: 21 Sec. 54. Section 203D.6, subsection 8, Code 2025, is amended 22 to read as follows: 23 8. Payment of claims. Upon a determination that the claim 24 is eligible for payment, the board shall provide for payment of 25 ninety percent of the loss, as determined under subsection 5 , 26 but not more than three hundred thousand dollars per claimant. 27 If at any time the board determines that there are insufficient 28 funds moneys to make payment of all claims under this section 29 and all repayment claims under section 203D.6A , the board 30 may order that payment be deferred on specified claims. The 31 department, upon the boards instruction, shall hold those the 32 claims for deferred payment until the board determines that the 33 fund again contains sufficient assets. 34 Sec. 55. NEW SECTION . 203D.6A Repayment claims against 35 -36- LSB 1411HV (1) 91 da/ns 36/ 47 |
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| 74 | 74 | | |
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| 75 | 75 | | H.F. 799 fund. 1 1. A separate indemnity claim process is established to 2 provide for the indemnification of a repayment loss incurred by 3 a seller against a grain dealer who is a debtor in bankruptcy 4 under the protections provided in Tit. 11 of the United States 5 Code. 6 a. A repayment claim shall be filed with the department in 7 the manner prescribed by the department. 8 b. A seller may file an eligible claim for a loss under 9 section 203D.6 and an eligible repayment claim for a repayment 10 loss under this section. 11 2. To be timely, a seller must file a repayment claim with 12 the department not later than thirty days after the repayment 13 loss is finalized by a bankruptcy court, whether by an order 14 issued, judgment entered, settlement agreement approved, or 15 reorganization plan approved by a bankruptcy court. 16 3. The department may provide notice of the repayment claim 17 process to a seller that may become or has become subject to an 18 order issued, judgment entered, settlement agreement approved, 19 or reorganization plan approved by a bankruptcy court that 20 requires the seller to pay back amounts previously received 21 for purchased grain in the bankruptcy of a grain dealer. If 22 the department chooses to provide a notice to the seller, it 23 shall have discretion to determine any reasonable method and 24 manner of providing such notice. A failure by the department 25 to provide a notice or a failure by a seller to receive a notice 26 under this subsection, does not relieve the seller of the 27 requirement to timely file a repayment claim. 28 4. The board shall determine that a repayment claim is 29 eligible for payment from the fund if the board finds all of 30 the following: 31 a. The repayment claim was timely filed. 32 b. The repayment claimant qualifies as a seller. 33 c. The repayment claim derives from a covered transaction. 34 For purposes of this paragraph, a claim derives from a covered 35 -37- LSB 1411HV (1) 91 da/ns 37/ 47 |
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| 76 | 76 | | |
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| 77 | 77 | | H.F. 799 transaction if the claimant is a seller who transferred title 1 to purchased grain to a licensed grain dealer other than by 2 credit-sale contract within six months of the incurrence date 3 as provided in section 203D.6. 4 d. The seller submits adequate proof to establish the 5 repayment claim and the amount of the repayment loss. 6 e. A claim has not been paid for the same repayment loss. 7 5. A seller is not entitled to indemnify a claim for a 8 repayment loss if the repayment loss is incurred as a result 9 of a fraudulent transfer or conveyance in the bankruptcy 10 proceeding. 11 6. The dollar value of a repayment claim is the amount a 12 seller is required to pay back that was previously received 13 for purchased grain as a result of an order issued, judgment 14 entered, or settlement agreement approved by a bankruptcy 15 court and which has not been recovered through other legal or 16 equitable remedies including the liquidation of assets. 17 7. The department acting on behalf of the board shall 18 deliver a notice to a seller filing a claim under this section. 19 The notice must include the boards determination of the 20 sellers eligibility and the value of the sellers repayment 21 loss. Within twenty days of delivering the notice, the seller 22 may request a hearing for the review of either determination. 23 The request shall be made in the manner provided by the 24 board. The hearing and any further appeal shall be conducted 25 as a contested case subject to chapter 17A. A seller whose 26 repayment claim has been refused by the board may appeal the 27 refusal to either the district court of Polk county or the 28 district court of the county in which the seller resides. 29 8. Upon a determination that the claim is eligible for 30 indemnification, the board shall provide for payment of 31 ninety percent of the repayment loss, as determined by the 32 board, but not more than three hundred thousand dollars. If 33 at any time the board determines that there are insufficient 34 moneys in the fund to make payment of all claims under section 35 -38- LSB 1411HV (1) 91 da/ns 38/ 47 |
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| 78 | 78 | | |
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| 79 | 79 | | H.F. 799 203D.6 and this section, the board may order that payment be 1 deferred on specified claims. The department, upon the boards 2 instruction, shall hold the claims for deferred payment until 3 the board determines that the fund again contains sufficient 4 assets. 5 9. In the event of the payment of a repayment loss under 6 this section, the fund is subrogated to the extent of the 7 amount of any payments to all rights, powers, privileges, 8 and remedies of the seller against any person regarding 9 the repayment loss. The seller shall render all necessary 10 assistance to the department and the board in securing the 11 rights granted in this section. No action or claim initiated 12 by a seller and pending at the time of payment from the fund 13 shall be compromised or settled without the consent of the 14 board. 15 10. a. A repayment claim shall expire if five years after 16 the board determines that the repayment claim is eligible, and 17 the claimant has failed to do any of the following: 18 (1) Provide for the funds subrogation or render all 19 necessary assistance to the department and the board in 20 securing the departments rights of subrogation as required in 21 this section. 22 (2) Provide necessary documentation or information required 23 by the board in order to process the repayment claim. 24 b. The fund is not liable for the payment of an expired 25 repayment claim. 26 EXPLANATION 27 The inclusion of this explanation does not constitute agreement with 28 the explanations substance by the members of the general assembly. 29 GENERAL. This bill provides for the administration of a 30 number of programs and regulations relating to agriculture, 31 including crop production, and specifically the application of 32 soil inputs such as fertilizers and soil conditioners (Code 33 chapters 200 and 200A) and pesticides (Code chapter 206); 34 animal health, and specifically the control of infectious or 35 -39- LSB 1411HV (1) 91 da/ns 39/ 47 |
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| 80 | 80 | | |
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| 81 | 81 | | H.F. 799 contagious diseases afflicting animals (Code chapter 163), the 1 practice of veterinary medicine (Code chapter 169), and the 2 court-ordered management of livestock in immediate need of 3 sustenance (Code chapter 717); agricultural processing, and 4 specifically the slaughter and processing of meat and poultry 5 products (Code chapter 189A); and the marketing of grain and 6 the indemnification of losses by grain depositors and sellers 7 (Code chapters 203, 203C, and 203D). 8 CROP PRODUCTION APPLICATION OF NUTRIENTS BACKGROUND. 9 The department of agriculture and land stewardship (DALS) 10 regulates the composition of soil inputs, including nutrients 11 such as fertilizers which are manufactured to achieve optimum 12 plant growth under the Iowa fertilizer law (Code section 13 200.1), which includes a number of definitions (Code section 14 200.3). DALS also regulates fertilizing material which is 15 a substance used to compound a fertilizer, and a commercial 16 fertilizer which refers to a fertilizer, fertilizing material, 17 and a fertilizer-pesticide mixture. A secondary input is 18 referred to as a soil conditioner which is a substance other 19 than a fertilizer that improves the condition or structure 20 of the soil and is also used to improve plant growth. DALS 21 licenses persons who manufacture, offer for sale, sell, or 22 distribute a fertilizer or soil conditioner. The person is 23 also subject to a license fee (Code section 200.4). Each brand 24 or grade of commercial fertilizer or soil conditioner must 25 be registered with DALS (Code section 200.5). A fertilizer 26 or soil conditioner is subject to label requirements (Code 27 section 200.6). DALS imposes an inspection fee upon a 28 licensee (Code section 200.8). DALS must sample, inspect, 29 make analysis of, and test a commercial fertilizer or soil 30 conditioner distributed within the state (Code section 200.10). 31 A person is prohibited from manufacturing, offering for sale, 32 or selling a commercial fertilizer or soil conditioner that 33 is injurious to crop growth or deleterious to the soil (Code 34 section 200.11). A person selling a commercial fertilizer 35 -40- LSB 1411HV (1) 91 da/ns 40/ 47 |
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| 82 | 82 | | |
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| 83 | 83 | | H.F. 799 or soil conditioner must identify substances promoting 1 its use in a manner that is not deceptive (Code section 2 200.12). DALS must adopt rules regulating equipment used 3 in storing, handling, and transporting fertilizers and soil 4 conditioners (Code section 200.14). DALS is authorized to 5 take administrative action against a licensee or registrant 6 acting in violation of the law, including by canceling the 7 license or registration (Code section 200.15), issuing a stop 8 order (Code section 200.16), or seizing a commercial fertilizer 9 or soil conditioner (Code section 200.17). A county, city, 10 or other political subdivision is prohibited from passing or 11 enforcing local legislation that regulates the use, sale, 12 distribution, storage, transportation, disposal, formulation, 13 labeling, registration, or manufacture of a fertilizer or soil 14 conditioner (Code section 200.22). A person registering a 15 pesticide must account for formulations of a fertilizer (Code 16 section 206.12). A number of Code sections include a reference 17 to soil conditioners: the definition of agricultural land 18 for purposes of eminent domain (Code section 6A.21) and urban 19 renewal (Code section 403.17) each include such a reference. 20 A transportation regulation involving hazardous materials 21 includes soil conditioners (Code section 321.1). A commodity 22 production contract lien (Code section 579B.1) covers the use 23 of a soil conditioner. An exception to the criminal offense 24 of critical infrastructure sabotage includes the use of a soil 25 conditioner (Code section 716.11). 26 CROP PRODUCTION APPLICATION OF NUTRIENTS BILL. The 27 bill replaces the term soil conditioner with beneficial 28 substance which is defined as a substance or compound that is 29 beneficial to one or more species of plants, soil, or media. 30 It includes a plant amendment, plant biostimulant, plant 31 inoculant, soil-amending ingredient, soil-amending form, soil 32 amendment, and soil inoculant. The bill changes references to 33 the state chemist to the bureau chief of the Iowa laboratory 34 bureau (Code sections 190C.22 and 200.10). 35 -41- LSB 1411HV (1) 91 da/ns 41/ 47 |
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| 84 | 84 | | |
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| 85 | 85 | | H.F. 799 APPLICATION OF PESTICIDES CERTIFICATION BACKGROUND. 1 DALS is responsible for the administration and enforcement of 2 the Pesticide Act of Iowa (Code chapter 206), which in part 3 regulates the use of a pesticide by a commercial applicator, 4 public applicator, or private applicator (Code section 206.2). 5 Generally, a person acting as a commercial applicator or public 6 applicator must be certified to apply any pesticide, and a 7 person acting as a commercial applicator, public applicator, 8 or private applicator (e.g., a farmer) must be certified to 9 apply a restricted use pesticide (Code section 206.5). The 10 designation restricted use is determined by DALS (Code 11 section 206.20) and is generally based on a pesticide so 12 classified by the United States environmental protection agency 13 (40 C.F.R. 152.160 et seq.). DALS is required to administer 14 an educational program in cooperation with the Iowa cooperative 15 extension service in agriculture and home economics of Iowa 16 state university of science and technology. In order to be 17 certified, a person must participate in the educational program 18 by passing an examination for an initial certification and pass 19 an examination or attend instructional hours every three years 20 for the renewal of the certification (Code section 206.5). 21 APPLICATION OF PESTICIDES CERTIFICATION BILL. The 22 bill removes a requirement that DALS adopt by rule criteria 23 allowing a person required to be certified to complete either a 24 written or oral examination. The bill provides that DALS has 25 discretion to adopt such rules. 26 ANIMAL HEALTH CONTROL OF INFECTIOUS OR CONTAGIOUS 27 DISEASES AFFLICTING ANIMALS BACKGROUND. DALS is granted 28 authority to provide for the health of animals and specifically 29 the control of an infectious or contagious disease (disease) 30 afflicting livestock populations (Code chapter 163). The term 31 control refers to prevention, suppression, or eradication 32 efforts (Code section 163.2). 33 ANIMAL HEALTH CONTROL OF INFECTIOUS OR CONTAGIOUS 34 DISEASES AFFLICTING ANIMALS BILL. The bill provides that 35 -42- LSB 1411HV (1) 91 da/ns 42/ 47 |
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| 86 | 86 | | |
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| 87 | 87 | | H.F. 799 DALS may determine and employ the most efficient and practical 1 means to identify and control a possible, imminent, or actual 2 threat to an animal population caused by a disease. 3 The bill provides that DALS may adopt any necessary rules 4 for the control of an infectious disease affecting animals 5 within the state by emergency rulemaking. When a statute 6 authorizes emergency rulemaking, an agency may adopt a rule 7 immediately without going through the periods of the rulemaking 8 process known as regulatory analysis (Code section 17A.4A) 9 and notice of intended action (Code section 17A.4(3)). The 10 bill requires that such emergency rulemaking be double 11 barreled. Under the process known as double-barreled 12 rulemaking, when an agency files an emergency rule, it also 13 files the same rule as a notice of intended action that will 14 follow the regular rulemaking process. Normally, a rule 15 cannot be effective prior to 35 days after its filing with the 16 administrative rules coordinator and publication in the Iowa 17 administrative bulletin. Under emergency rulemaking, a rule 18 can be made effective on the date of filing and acceptance 19 by the administrative rules coordinator or any subsequent 20 date, as specified by the agency in the filing (Code section 21 17A.5(2)(b)(1)). 22 ANIMAL HEALTH PRACTICE OF VETERINARY MEDICINE 23 BACKGROUND. Veterinarians are regulated by the board of 24 veterinary medicine (veterinary board) which is responsible 25 for licensing and imposing disciplinary action, including the 26 suspension or revocation of a license for cause following a 27 notice and hearing before the veterinary board. The basis for 28 disciplinary action includes making a false representation, 29 being convicted of a felony in Iowa or another jurisdiction, 30 violating a statute or law of Iowa or another jurisdiction, 31 being subject to disciplinary action in another state, 32 assisting in the unlawful practice of veterinary medicine, 33 being adjudged as mentally incompetent, failing to conform 34 with an acceptable practice of veterinary medicine, and being 35 -43- LSB 1411HV (1) 91 da/ns 43/ 47 |
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| 88 | 88 | | |
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| 89 | 89 | | H.F. 799 unable to practice veterinary medicine with reasonable skill 1 and safety (amended Code section 169.13). 2 ANIMAL HEALTH PRACTICE OF VETERINARY MEDICINE BILL. 3 The bill provides that, in addition to imposing disciplinary 4 action, the veterinary board may assess a civil penalty. 5 The amount of the civil penalty cannot exceed $10,000 per 6 violation. The attorney general may initiate a claim to 7 collect a civil penalty and any amount collected must be 8 deposited in the general fund of the state. 9 ANIMAL HEALTH COURT-ORDERED MANAGEMENT OF LIVESTOCK 10 IN IMMEDIATE NEED OF SUSTENANCE BACKGROUND. DALS is 11 granted the authority to petition a court to conduct a hearing 12 regarding the condition of livestock. If the court determines 13 that the livestock are in immediate need of sustenance, it 14 must issue an order directing DALS to assume supervision of 15 the livestock (Code section 717.3). The order creates a 16 super-priority lien attached to the livestock, proceeds from 17 the sale of livestock, and any associated unmanufactured 18 products, for the benefit of DALS. DALS may also petition 19 a court to order the disposition of the specified livestock. 20 The proceeds from the sale of the livestock are to be used to 21 reimburse DALS according to the liens super-priority status. 22 DALS may also utilize moneys deposited in the livestock 23 remediation fund (remediation fund) (Code section 459.501) 24 to pay for costs of providing for sustenance to livestock as 25 provided in the court order (Code section 717.4A). 26 ANIMAL HEALTH COURT-ORDERED MANAGEMENT OF LIVESTOCK 27 IN IMMEDIATE NEED OF SUSTENANCE BILL. The bill rewrites 28 a provision requiring DALS to repay the remediation fund 29 any proceeds that DALS receives from the disposition of the 30 livestock less expenses in providing for the sustenance and 31 disposition. The bill provides that if the court orders the 32 disposition of the livestock, the order shall be deemed as 33 acting in response to a petition by a receiver appointed by a 34 court in Code chapter 680. 35 -44- LSB 1411HV (1) 91 da/ns 44/ 47 |
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| 90 | 90 | | |
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| 91 | 91 | | H.F. 799 AGRICULTURAL PROCESSING SLAUGHTER AND PROCESSING OF MEAT 1 AND POULTRY PRODUCTS LICENSURE BILL. The bill provides 2 that a home food processing establishment licensed by the 3 department of inspections, appeals, and licensing is exempt 4 from DALS licensing requirements (Code chapter 137D). A home 5 food processing establishment refers to a residence in which 6 homemade food items are produced for sale, if consumption is 7 off premises and its business has gross annual sales of less 8 than $50,000 (Code section 137D.1). The bill also provides 9 that the term of a license issued by DALS to a slaughter and 10 processing establishment is extended to a two-year period (from 11 July 1, 2025, to June 30, 2027). The licensee fee is doubled 12 from $25 to $50 and from $50 to $100 to reflect the licenses 13 biennial term. DALS is required to prorate the license fee 14 for a new establishment. The bill makes various changes in 15 terminology to improve readability. 16 AGRICULTURAL MARKETING MARKETING OF GRAIN AND 17 INDEMNIFICATION OF LOSSES BACKGROUND. DALS licenses and 18 regulates grain dealers (dealers) and warehouse operators 19 (operators) (Code chapters 203 and 203C). Both dealers and 20 operators may be required to pay fees into the grain depositors 21 and sellers indemnity fund (indemnity fund) for purposes of 22 indemnifying losses incurred by sellers and depositors as 23 part of a transaction (Code chapter 203D). A participation 24 fee is assessed against a dealer based on purchased grain 25 during the dealers last fiscal year and against an operator 26 based on warehouse storage capacity. In addition, a dealer 27 may be assessed a per-bushel fee on a quarterly basis. The 28 assessment year in which a participation fee and per-bushel fee 29 is assessed is from September 1 to August 31. The assessment 30 year is divided into four three-month quarters. The last date 31 of the quarter is referred to as an installment date which 32 is when a quarterly participation payment is due. The fees 33 are deposited in the indemnity fund. When the balance in the 34 fund reaches $8 million, the participation fee and per-bushel 35 -45- LSB 1411HV (1) 91 da/ns 45/ 47 |
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| 92 | 92 | | |
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| 93 | 93 | | H.F. 799 fees are automatically waived. The fees are reinstated if the 1 balance in the fund reaches $3 million or less (Code section 2 203D.5). 3 The indemnity fund is established as an insurance pool to 4 pay a depositor who has stored grain with a licensed warehouse 5 operator for a loss resulting from the depositors right to 6 receive possession of the grain, and a seller who sells grain 7 to a licensed grain dealer for a loss resulting from a failure 8 to receive payment for that grain (Code section 203D.6). The 9 indemnity fund is administered by the Iowa grain indemnity 10 fund board (indemnity board) in cooperation with DALS. A 11 depositor or seller must file a claim against the indemnity 12 fund within 120 days of an incurrence date which is the date 13 that the license of the operator or dealer ceases to be valid 14 (e.g., by revocation) or the date that an operator or dealer 15 files a petition in bankruptcy. The claim must derive from 16 a covered transaction, meaning that the claimant who is a 17 depositor must have delivered the grain to an operator or a 18 claimant who is a seller must have transferred title to the 19 grain to a dealer other than by credit-sale contract within 20 six months of the incurrence date. A credit-sale contract is 21 a contract for the sale of grain if the sale price for that 22 grain is to be paid more than 30 days after the delivery of 23 the grain to the buyer (also referred to as a deferred-payment 24 contract, deferred-pricing contract, and price-later contract). 25 A depositor or seller who timely files an eligible claim is 26 entitled to be paid from the indemnity fund for 90 percent 27 of a loss up to $300,000. If the indemnity board determines 28 that there are insufficient moneys in the indemnity fund to 29 make payment on all claims, the indemnity board may order that 30 payment on specified claims be deferred. Other procedures that 31 apply include a right to appeal the indemnity boards decision, 32 subrogation rights, and a five-year expiration period for 33 unresolved claims. 34 AGRICULTURAL MARKETING MARKETING OF GRAIN AND 35 -46- LSB 1411HV (1) 91 da/ns 46/ 47 |
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| 94 | 94 | | |
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| 95 | 95 | | H.F. 799 INDEMNIFICATION OF LOSSES FEES BILL. The bill provides 1 that a dealer or operator may remit the participation fee in 2 one installment as part of the license renewal or on four 3 successive installment dates on December 15, March 15, June 15, 4 and September 15. The bill provides that the dealer may pay 5 the per-bushel fee on the same installment dates. 6 AGRICULTURAL MARKETING MARKETING OF GRAIN AND 7 INDEMNIFICATION OF LOSSES REPAYMENT CLAIMS BILL. The 8 bill allows a seller to file a special repayment claim against 9 the fund as a result of the grain dealers bankruptcy. The 10 special repayment process allows such a seller to recover 11 the amount of the grain dealer payment that the seller was 12 forced to repay to the grain dealers bankruptcy estate. To 13 be timely, a seller must file a repayment claim with DALS not 14 later than 30 days after the repayment loss is finalized by a 15 bankruptcy court. DALS may provide notice of the repayment 16 claim process to a seller who may file a repayment claim. 17 If DALS chooses to provide a notice to the seller, DALS has 18 discretion to determine a reasonable method and manner of 19 providing such notice. The indemnity board must determine that 20 a repayment claim is eligible for payment from the indemnity 21 fund, including whether the repayment claim derives from a 22 covered transaction. DALS is required to deliver notice to 23 a seller filing a repayment claim regarding the indemnity 24 boards determination in the same manner as for an ordinary 25 loss. Like an ordinary loss, the seller is entitled to receive 26 90 percent of a loss but not more than $300,000, a deferral of 27 payments based on insufficient moneys in the indemnity fund, 28 subrogation, and a five-year expiration period. 29 -47- LSB 1411HV (1) 91 da/ns 47/ 47 |
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