Senate File 522 - Introduced SENATE FILE 522 BY COMMITTEE ON AGRICULTURE (SUCCESSOR TO SSB 1160) A BILL FOR An Act providing for programs and regulations related to 1 agriculture, including crop production, animal health, and 2 agricultural processing, providing for powers and duties 3 of the department of agriculture and land stewardship, 4 providing fees, and providing penalties. 5 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 6 TLSB 2803SV (1) 91 da/ns
S.F. 522 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 2803SV (1) 91 da/ns 1/ 37
S.F. 522 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. a. Beneficial substance means any substance or 18 compound, other than primary, secondary, and microplant 19 nutrients, that can be demonstrated by scientific research 20 to be beneficial to one or more species of plants, soils, or 21 media, including any of the following: 22 (1) A plant amendment. 23 (2) A plant biostimulant. 24 (3) A plant inoculant. 25 (4) A soil-amending ingredient. 26 (5) A soil-amending ingredient form. 27 (6) A soil amendment. 28 (7) A soil inoculant. 29 b. Beneficial substance does not include a pesticide. 30 5. The term brand Brand means a term, design, or 31 trademark used in connection with one or several grades 32 of commercial fertilizer , product name, or other specific 33 designation under which a individual beneficial substance or 34 commercial fertilizer is offered for sale . 35 -2- LSB 2803SV (1) 91 da/ns 2/ 37
S.F. 522 5. The term bulk fertilizer shall mean commercial 1 fertilizer delivered to the purchaser in the solid, liquid, or 2 gaseous state, in a nonpackaged form to which a label cannot 3 be attached. 4 6. Bulk means in a nonpackaged form to which a label 5 cannot be attached. 6 7. The term commercial fertilizer Commercial 7 fertilizer includes fertilizer and fertilizer materials and 8 fertilizer-pesticide mixtures. 9 7. 8. Department means the department of agriculture and 10 land stewardship. 11 9. Distribute means to import, consign, manufacture, 12 produce, compound, mix, blend, or offer for sale, sell, barter, 13 or otherwise supply a commercial fertilizer or beneficial 14 substance in this state. 15 8. 10. The term distributor Distributor means 16 any person who imports, consigns, manufactures, produces, 17 compounds, mixes, or blends commercial fertilizer , or who 18 offers for sale, sells, barters, or otherwise distributes , a 19 commercial fertilizer or beneficial substance in this state. 20 9. 11. a. Established date of operation means the date on 21 which an anhydrous ammonia plant commenced operating. 22 b. If the physical facilities of the plant are subsequently 23 expanded, the established date of operation for each expansion 24 is deemed to be a separate and independent established date of 25 operation established as of the date of commencement of the 26 expanded operations. 27 c. The commencement of expanded operations does not divest 28 the plant of a previously established date of operation. 29 10. 12. Established date of ownership means the date 30 of the recording of an appropriate instrument of title 31 establishing the ownership of real estate. 32 11. 13. The term fertilizer Fertilizer means any 33 substance containing one or more recognized plant nutrient 34 which is nutrients used for its plant nutrient content 35 -3- LSB 2803SV (1) 91 da/ns 3/ 37
S.F. 522 and which is designed for use and claimed to have value 1 in promoting plant growth except unmanipulated animal and 2 vegetable manures or calcium and magnesium carbonate materials 3 used primarily for correcting soil acidity. 4 12. 14. The term fertilizer material Fertilizer material 5 means any substance used as a fertilizer or for compounding 6 a fertilizer containing one or more of the recognized plant 7 nutrients which are used for promoting plant growth or altering 8 plant composition. 9 13. 15. The term grade Grade means the percentages 10 of total nitrogen, available phosphorus or P 2 O 5 or both, and 11 soluble potassium or K 2 O or both stated in whole numbers in same 12 terms, order , and percentages as in the guaranteed analysis 13 guaranteed analysis . 14 14. Guaranteed analysis: 15 16. a. (1) The term guaranteed analysis shall mean 16 Guaranteed analysis means the minimum percentage of plant 17 nutrients claimed and reported as Total Nitrogen (N), Available 18 Phosphorus (P) or P 2 O 5 or both, Soluble Potassium (K) or K 2 O or 19 both and in the following form: 20 Total Nitrogen (N) ... percent 21 Available Phosphorus (P) or P 2 O 5 or both ... percent 22 Soluble Potassium (K) or K 2 O or both ... percent 23 (2) Registration and guarantee of water soluble phosphorus 24 (P) or (P 2 O 5 ) shall be permitted. 25 b. The term guaranteed analysis Guaranteed analysis , 26 in the form specified in paragraph a , includes all of the 27 following : 28 (1) (a) For unacidulated mineral phosphatic materials and 29 basic slag, both total and available phosphorus or P 2 O 5 or both 30 and the degree of fineness. 31 (b) For bone tankage and other organic phosphatic 32 materials, total phosphorus or P 2 O 5 or both. 33 (2) When any additional plant nutrient elements contained 34 in a beneficial substance as identified in subsection 10 35 -4- LSB 2803SV (1) 91 da/ns 4/ 37
S.F. 522 of this section , are claimed in writing, they shall be 1 identified in the guarantee, expressed as the element, and 2 shall be subject to inspection and analysis in accordance with 3 the methods and regulations that may be prescribed by the 4 association of official agricultural chemists. 5 17. Label means the display of all written, printed, 6 or graphic matter upon the immediate container or statement 7 accompanying a commercial fertilizer or beneficial substance. 8 18. Labeling means the advertising or promotion of any 9 commercial fertilizer or beneficial substance including but 10 not limited to any written, printed, graphic, or electronic 11 communication used in promoting the sale of a commercial 12 fertilizer or beneficial substance. 13 15. 19. Licensee means a person licensed under section 14 200.4 . 15 16. 20. Nuisance means public or private nuisance as 16 defined by statute or by the common law. 17 17. 21. Nuisance action or proceeding means an action, 18 claim or proceeding brought at law, in equity, or as an 19 administrative proceeding, which is based on nuisance. 20 18. 22. The term official sample Official sample means 21 any sample of commercial fertilizer taken by the secretary or 22 the secretarys agent. 23 19. Organic agricultural product means the same as defined 24 in section 190C.1 . 25 20. 23. Owner means the person holding record title to 26 real estate, and includes both legal and equitable interest 27 under recorded real estate contracts. 28 21. 24. The term percent or percentage Percent or 29 percentage means the percentage by weight. 30 22. 25. The term person Person includes an individual, 31 or a type of partnership, limited liability company, 32 corporation, or association, firm, and corporation formed or 33 organized to do business in this state or authorized to do or 34 transact business in this state . 35 -5- LSB 2803SV (1) 91 da/ns 5/ 37
S.F. 522 23. 26. The term pesticide as used in this chapter 1 means Pesticide includes insecticides, miticides, nemacides, 2 fungicides, herbicides , and any other substance used in pest 3 control. 4 27. Plant amendment means any substance applied to 5 a plant seed which is intended to improve growth, yield, 6 product quality, reproduction, flavor, or other favorable 7 characteristics of a plant except a fertilizer, soil amendment, 8 agricultural liming material, animal manure, vegetable manure, 9 pesticide, plant regulator, or other material which may be 10 exempted by regulation. 11 28. Plant biostimulant means a substance, microorganism, 12 or mixture thereof, that, when applied to a seed, plant, the 13 rhizosphere, soil, or other growth media, acts to support 14 a plants natural nutrition processes independently of 15 the biostimulants nutrient content and improves nutrient 16 availability, uptake, or use efficiency, tolerance to abiotic 17 stress, and consequent growth, development, quality, or yield. 18 29. Plant inoculant means a product consisting of 19 microorganisms to be applied to the plant or soil for the 20 purpose of enhancing the availability or uptake of plant 21 nutrients through the root system. 22 24. 30. Secretary means the secretary of agriculture. 23 25. 31. The term sell Sell or sale includes exchange. 24 26. 32. A soil conditioner is Soil amendment means any 25 substance which when added to the soil or applied to plants 26 will produce a favorable growth, yield or quality of crop 27 or soil flora or fauna or other soil characteristics, other 28 than or a mixture of substances which is intended to improve 29 the physical, chemical, biochemical, biological, or other 30 characteristic of the soil, except a fertilizer, recognized 31 pesticide agricultural liming material , unmanipulated animal 32 and manure, unmanipulated vegetable manures or calcium and 33 magnesium carbonate materials used primarily for correcting 34 soil acidity manure, pesticide, or any other material exempted 35 -6- LSB 2803SV (1) 91 da/ns 6/ 37
S.F. 522 by regulation . 1 33. Soil inoculant means a microbial product that is 2 applied to colonize the soil to benefit the soil chemistry, 3 biology, or structure. 4 34. Soil-amending ingredient means any substance which 5 when applied to soil will improve the physical, chemical, 6 biochemical, biological, or other characteristics of the soil. 7 35. Soil-amending ingredient form means the chemical 8 compound, such as salt, chelate, oxide, or acid, of an 9 ingredient or the physical form of an ingredient. 10 27. 36. A specialty fertilizer is Specialty fertilizer 11 means a commercial fertilizer distributed primarily for 12 nonfarm use, such as home gardens, lawns, shrubbery, flowers, 13 golf courses, municipal parks, cemeteries, greenhouses , and 14 nurseries , and may include commercial fertilizers used for 15 research or experimental purposes. 16 28. 37. The term ton Ton means a net weight of two 17 thousand pounds avoirdupois. 18 29. 38. a. The term unmanipulated manures Unmanipulated 19 manures means any substances composed primarily of excreta, 20 plant remains, or mixtures of such substances which have not 21 been processed in any manner other than dewatering. 22 b. Unmanipulated manures includes unmanipulated animal 23 manure or unmanipulated vegetable manure. 24 30. Words importing the singular number may extend and be 25 applied to several persons or things, and words importing the 26 plural number may include the singular. 27 Sec. 4. Section 200.4, Code 2025, is amended to read as 28 follows: 29 200.4 License fee and expiration mixture requirement . 30 1. Any person who manufactures, mixes, blends, mixes to 31 customers order, offers for sale, sells, or distributes any 32 fertilizer or soil conditioner beneficial substance in this 33 state must first obtain a license issued by the secretary and 34 pay a twenty dollar license fee for each place of manufacture 35 -7- LSB 2803SV (1) 91 da/ns 7/ 37
S.F. 522 or distribution from which fertilizer or soil conditioner 1 beneficial substance products are sold or distributed in this 2 state. The license shall expire on July 1 of the even-numbered 3 year following the date the license is issued. A license may 4 be renewed for a two-year period as provided by the department. 5 2. The licensee shall at all times produce an intimate 6 and uniform mixture of fertilizers or soil conditioners 7 beneficial substances . When two or more fertilizer materials 8 are delivered in the same load, they shall be thoroughly and 9 uniformly mixed unless they are in separate compartments. 10 Sec. 5. Section 200.5, Code 2025, is amended to read as 11 follows: 12 200.5 Registration. 13 1. Each brand and grade of commercial fertilizer and each 14 soil conditioner beneficial substance shall be registered 15 before being offered for sale, sold , or otherwise distributed 16 in this state; except that a commercial fertilizer formulated 17 according to special specifications furnished by a consumer 18 to fill the consumers order shall not be required to be 19 registered, but shall be labeled as provided in section 200.6, 20 subsection 3 1, paragraph c . The application for registration 21 shall be submitted to the secretary on forms furnished by the 22 secretary and shall be accompanied by a label setting forth the 23 guaranteed analysis which shall be the same as that appearing 24 on the registered product. 25 2. All A registration will shall be permanent, provided, 26 however, that the secretary may request a listing of products 27 to be currently manufactured. The application shall include 28 the following information in the following order: 29 a. Net weight, if sold in packaged form. 30 b. Name and address of the registrant. 31 c. Name of product. 32 d. Brand. 33 e. Grade , if the product contains a recognized plant food . 34 f. Guaranteed analysis. 35 -8- LSB 2803SV (1) 91 da/ns 8/ 37
S.F. 522 3. In addition to the information required in subsection 1 2 of this section , applications an application for the 2 registration of soil conditioners a beneficial substance must 3 include the name or chemical designation and percentage of 4 content of each of the active ingredients. Each microbial 5 organism ingredient must be identified with species and genus 6 in colony-forming units per gram for a dry product or per 7 milliliter for a liquid product. Another unit of quantity 8 may be acceptable if an accurate and verifiable guarantee is 9 presented. 10 4. The secretary is authorized , after public hearing, 11 following due notice, to adopt rules under chapter 17A 12 regulating the labeling and registration of specialty 13 commercial fertilizers and other fertilizer products beneficial 14 substances , when necessary in the secretarys opinion. The 15 secretary may require any reasonable information in addition 16 to section 200.3, subsection 14 16 , which is necessary and 17 useful to the purchasers of specialty fertilizers commercial 18 fertilizers and beneficial substances of this state and to 19 promote uniformity among states. 20 5. The secretary is authorized after public hearing, 21 following due notice, to establish adopt rules under chapter 22 17A establishing minimum acceptable levels of trace and 23 secondary elements components recognized as effective to aid 24 crops produced in Iowa this state and to require such warning 25 statements as may be deemed necessary to prevent injury to 26 crops or for user safety . 27 6. The secretary, whenever the secretary deems it necessary 28 in the administration of this chapter , may require the 29 submission of additional data about any article, including a 30 fertilizer , beneficial substance, or other product regulated 31 under this chapter to support the claims made for it. If it 32 appears to the secretary that the composition of the article is 33 such as to warrant the claims made for it, and if the article, 34 its labeling and other material required to be submitted, 35 -9- LSB 2803SV (1) 91 da/ns 9/ 37
S.F. 522 comply with the requirements of this chapter , the secretary 1 shall register the product. 2 7. If it does not appear to the secretary that the article 3 is such as to warrant the proposed claims for it, or if the 4 article and its labeling and other material required to be 5 submitted does do not comply with the a provision of this 6 chapter , the secretary shall notify the registrant of the 7 manner in which the article, labeling, or other material 8 required to be submitted fails to comply with this chapter 9 so as to afford the registrant an opportunity to make the 10 necessary corrections before resubmitting the label. 11 8. It shall be the responsibility of the registrant to 12 submit satisfactory evidence of favorable effects and safety 13 of the product. 14 9. The secretary shall establish minimum requirements 15 for the registration of fertilizers and soil conditioners 16 beneficial substances by efficacy testing or the substantiation 17 of data relevant to Iowa this states crops and soils. 18 10. A distributor shall not be required to register 19 any brand and grade of commercial fertilizer or beneficial 20 substance which is already registered under this chapter by 21 another person. 22 11. The advisory committee created in section 206.23 shall 23 advise and assist the secretary on the registration of a 24 product of commercial fertilizer or soil conditioner under the 25 provisions of this chapter . 26 Sec. 6. Section 200.6, Code 2025, is amended to read as 27 follows: 28 200.6 Labeling. 29 1. a. Any commercial fertilizer offered for sale or sold or 30 distributed in this state in bags , or other containers , shall 31 have placed on or affixed to the container in legibly written 32 or printed form, the information required by section 200.5 , 33 subsection 2 ; , either on tags affixed to the end of the package 34 or directly on the package. 35 -10- LSB 2803SV (1) 91 da/ns 10/ 37
S.F. 522 2. b. If distributed in bulk, the a shipment of commercial 1 fertilizer must be accompanied by a written or printed 2 statement giving the purchasers name and address in addition 3 to the labeling requirement set forth in section 200.5 , 4 subsection 2 . 5 3. c. A commercial fertilizer formulated according to 6 specifications which are furnished by a consumer prior to 7 mixing shall be labeled to show the net weight, guaranteed 8 analysis, and the name and address of the distributor and 9 may show the net weight and guaranteed analysis of each of 10 the fertilizer materials or soil conditioners used. It is 11 the responsibility of the distributor to mix these materials 12 uniformly and intimately so that when sampled in the prescribed 13 manner the resulting analysis would meet the guarantee. 14 4. d. All bulk bins or intermediate storage of bulk 15 commercial fertilizer where being offered for sale or 16 distributed direct to the consumer shall be labeled showing 17 brand, name , and grade of product. 18 5. e. All fertilizers distributed or stored in bulk, unless 19 in the manufacturers authorized containers, shall be labeled as 20 the responsibility of the possessor. 21 6. 2. Soil conditioners A beneficial substance shall be 22 labeled in accordance with subsection 1 of this section and 23 in addition shall show the name or chemical designation and 24 content or the active ingredients. 25 Sec. 7. Section 200.8, Code 2025, is amended to read as 26 follows: 27 200.8 Inspection fees. 28 1. a. There shall be paid by the licensee to the secretary 29 for all any commercial fertilizers and soil conditioners 30 fertilizer or beneficial substance sold , or distributed in this 31 state, an inspection fee to be fixed annually by the secretary 32 of agriculture at not more than twenty cents per ton. Sales 33 The sale of a commercial fertilizer or beneficial substance 34 for manufacturing purposes only are hereby is exempted from 35 -11- LSB 2803SV (1) 91 da/ns 11/ 37
S.F. 522 fees an inspection fee but must still be reported showing 1 the manufacturer who purchased same it . Payment of said the 2 inspection fee by any licensee shall exempt all other persons, 3 firms , or corporations from the payment thereof. 4 b. On an individual packages package of specialty a 5 commercial fertilizer or beneficial substance containing 6 twenty-five pounds or less, there shall be paid by the 7 manufacturer in lieu of the semiannual inspection fee as set 8 forth in this chapter , an annual registration and inspection 9 fee of one hundred dollars for each brand and grade sold or 10 distributed in the state. In the event that any manufacturer 11 sells specialty a commercial fertilizer or beneficial substance 12 in packages a package of twenty-five pounds or less and also 13 in packages a package of more than twenty-five pounds, this 14 annual registration and inspection fee shall apply only to that 15 portion sold in packages a package of twenty-five pounds or 16 less, and that portion sold in packages a package of more than 17 twenty-five pounds shall be subject to the same inspection fee 18 as fixed by the secretary of agriculture as provided in this 19 chapter . 20 c. Any person other than a manufacturer who annually offers 21 for sale, sells, or distributes specialty fertilizer in the 22 amount of four thousand pounds or more or applies specialty 23 fertilizer for compensation shall pay an annual inspection fee 24 of thirty dollars in lieu of the semiannual inspection fee as 25 set forth in this chapter . 26 2. Every person who is a licensee and any person required 27 to pay an annual registration and inspection fee under this 28 chapter in this state shall do all of the following : 29 a. File not later than the last day of January and 30 July of each year, on forms furnished by the secretary, a 31 semiannual statement setting forth the number of net tons of 32 commercial fertilizer or soil conditioners beneficial substance 33 distributed in this state by grade for each county during the 34 preceding six-month period ; and upon . Upon filing such the 35 -12- LSB 2803SV (1) 91 da/ns 12/ 37
S.F. 522 semiannual statement , the person shall pay the inspection fee 1 at the rate stated in subsection 1 . However, in lieu of the 2 semiannual statement by grade for each county, on individual 3 packages of specialty fertilizer containing twenty-five pounds 4 or less of commercial fertilizer , the registrant shall file 5 not later than the last day of July of each year, on forms 6 furnished by the secretary, an annual statement setting forth 7 the number of net tons of specialty commercial fertilizer 8 distributed in this state by grade during the preceding 9 twelve-month period. 10 b. If the tonnage report is not filed or the payment of 11 inspection fees, or both, is not made within ten days after 12 the last day of January and July of each year as required in 13 paragraph a of this subsection , a penalty amounting to ten 14 percent of the amount due, if any, shall be assessed against 15 the licensee. In any case, the penalty shall be no less than 16 fifty dollars. The amount of fees due, if any, and penalty 17 shall constitute a debt and become the basis of a judgment 18 against the licensee. 19 3. If there is an unencumbered balance of funds from the 20 amount of the fees deposited in the general fund pursuant to 21 sections 200.9 and 201A.11 on June 30 of any fiscal year equal 22 to or exceeding three hundred fifty thousand dollars, the 23 secretary of agriculture shall reduce the per ton fee provided 24 for in subsection 1 and the annual license fee established 25 pursuant to section 201A.3 for the next fiscal year in such 26 amount as will result in an ending estimated balance of such 27 funds for June 30 of the next fiscal year of three hundred 28 fifty thousand dollars. 29 4. 3. In addition to the fees imposed under subsection 30 1 , a groundwater protection fee shall be imposed upon 31 nitrogen-based fertilizer. The fee shall be based upon the 32 percentage of actual nitrogen contained in the product. An 33 eighty-two percent nitrogen solution shall be taxed at a rate 34 of seventy-five cents per ton. Other nitrogen-based product 35 -13- LSB 2803SV (1) 91 da/ns 13/ 37
S.F. 522 formulations shall be taxed on the percentage of actual 1 nitrogen contained in the formulations with the eighty-two 2 percent nitrogen solution serving as the base. The fee 3 shall be paid by each licensee registering to sell fertilizer 4 to the secretary of agriculture. The fees collected shall 5 be deposited in the agriculture management account of the 6 groundwater protection fund. The secretary of agriculture 7 shall adopt rules for the payment, filing, and collection of 8 groundwater protection fees from licensees in conjunction 9 with the collection of registration and inspection fees. The 10 secretary shall, by rule, allow an exemption to the payment 11 of this fee for fertilizers which contain trace amounts of 12 nitrogen. 13 Sec. 8. Section 200.10, Code 2025, is amended to read as 14 follows: 15 200.10 Inspection, sampling, and analysis. 16 1. It shall be the duty of the secretary, who may act 17 through an authorized agent, to sample, inspect, make analysis 18 of, and test commercial fertilizers or soil conditioners 19 beneficial substances distributed within this state at time 20 and place and to such an extent as the secretary may deem 21 necessary, to determine whether such commercial fertilizers and 22 soil conditioners or beneficial substances are in compliance 23 with the provisions of this chapter . In the performance of 24 the foregoing duty, the secretary shall counsel may consult 25 with the director of the Iowa agricultural experimental station 26 in respect to the time, place , and extent of sampling. The 27 secretary acting individually or through an agent is authorized 28 to enter upon any public or private premises or conveyances 29 during regular business hours in order to have access to 30 a commercial fertilizers fertilizer or soil conditioners 31 beneficial substance subject to the provisions of this chapter 32 and the rules and regulations pertaining thereto including in 33 rules adopted by the department under this chapter . It shall 34 be the duty of the The secretary to shall maintain a laboratory 35 -14- LSB 2803SV (1) 91 da/ns 14/ 37
S.F. 522 with the necessary equipment and to employ such employees 1 as may be necessary to aid assist in the administration and 2 enforcement of this chapter . 3 2. a. The methods of sampling and analysis shall be the 4 official methods of the association of official agricultural 5 chemists in all cases where methods have been adopted by the 6 association. 7 b. The findings of the state chemist or the state chemists 8 bureau chief of the Iowa laboratory bureau, or the bureau 9 chiefs deputy, as shown by the sworn statement of the results 10 of analysis of official samples of any brand and grade of 11 commercial fertilizer, fertilizer material , or soil conditioner 12 beneficial substance , shall constitute prima facie evidence of 13 their its correctness in the courts of this state, as to the 14 particular lots sampled and analyzed. 15 3. The secretary, in determining for administrative 16 purposes whether any commercial fertilizer is deficient in 17 plant food, or soil conditioner beneficial substance deficient 18 in guaranteed active ingredients, shall be guided by the 19 official sample as defined in section 200.3, subsection 18 22 , 20 and obtained and analyzed as provided for in subsection 2 of 21 this section . 22 4. The results of official analysis of any commercial 23 fertilizer or soil conditioner beneficial substance which 24 has been found to be in violation of any provision of this 25 chapter , shall be forwarded by the secretary to the registrant. 26 Upon request, the secretary shall furnish to the registrant a 27 portion of any sample. 28 Sec. 9. Section 200.11, Code 2025, is amended to read as 29 follows: 30 200.11 Filler material Item that is injurious or filler . 31 It shall be unlawful for any person to A person shall 32 not manufacture, offer for sale , or sell in this state, any 33 commercial fertilizer , or soil conditioner beneficial substance 34 containing any substance used as a filler item that is 35 -15- LSB 2803SV (1) 91 da/ns 15/ 37
S.F. 522 injurious to crop growth or deleterious to the soil, or to use 1 in such commercial fertilizer , or soil conditioner beneficial 2 substance as a filler any substance item that contains inert or 3 useless plant food material for the purpose or with the effect 4 of deceiving or defrauding the purchaser. 5 Sec. 10. Section 200.12, Code 2025, is amended to read as 6 follows: 7 200.12 False or misleading statements. 8 A commercial fertilizer or soil conditioner beneficial 9 substance is misbranded if it does not identify substances 10 items promoting plant growth as defined in section 200.3, 11 subsection 11 , or if it carries any false or misleading 12 statement upon or attached to the container or stated on 13 the invoice or delivery ticket, or if the container or on 14 the invoice or delivery ticket or in any advertising matter 15 whatsoever connected with, accompanying , or associated with the 16 commercial fertilizer or soil conditioner beneficial substance . 17 Further, the burden of proof of the desirable effect of the 18 product commercial fertilizer or beneficial substance on plant 19 growth shall be the responsibility of the registrant. 20 Sec. 11. Section 200.14, Code 2025, is amended to read as 21 follows: 22 200.14 Rules. 23 1. a. The department may adopt rules pursuant to chapter 24 17A providing minimum general safety standards for the 25 design, construction, location, installation, and operation 26 of equipment for storage, handling, transportation by tank 27 truck or tank trailer, and utilization of fertilizers and soil 28 conditioners a fertilizer or beneficial substance . 29 b. The rules shall be such as are reasonably necessary 30 for the protection and safety of the public and persons using 31 fertilizers or soil conditioners a fertilizer or beneficial 32 substance , and shall be in substantial conformity with the 33 generally accepted standards of safety. 34 c. Fertilizer and soil conditioner or beneficial substance 35 -16- LSB 2803SV (1) 91 da/ns 16/ 37
S.F. 522 equipment shall be installed and maintained in a safe 1 operating condition and in conformity with rules adopted by the 2 department. 3 2. The department may adopt such reasonable rules as may 4 be necessary in order to carry into effect the purpose, and to 5 secure the efficient administration, of this chapter . 6 3. This chapter does not prohibit the use of storage 7 tanks smaller than transporting tanks nor the transfer of all 8 kinds any kind of fertilizers fertilizer or soil conditioners 9 beneficial substance directly from transporting tanks to 10 implements of husbandry, if proper safety precautions are 11 observed. 12 4. Rules adopted to implement this chapter are not subject 13 to section 17A.7, subsection 2 or 3 . 14 Sec. 12. Section 200.15, Code 2025, is amended to read as 15 follows: 16 200.15 Refusal to register or cancellation of registration 17 and licenses. 18 1. Upon satisfactory evidence that the registrant or 19 licensee has used fraudulent or deceptive practices or has 20 willfully violated any provisions of this chapter or any 21 rules and regulations promulgated adopted under this chapter , 22 the secretary is authorized and empowered to do any of the 23 following: 24 a. Cancel the registration of any product of commercial 25 fertilizer or soil conditioner beneficial substance or license. 26 b. Refuse to register any product of commercial fertilizer 27 or soil conditioner beneficial substance . 28 c. Refuse to license any applicant. 29 2. However, a A registration or license shall not be revoked 30 or refused until the registrant or licensee has been given the 31 opportunity to appear for a hearing by the secretary. 32 Sec. 13. Section 200.16, Code 2025, is amended to read as 33 follows: 34 200.16 Stop sale orders. 35 -17- LSB 2803SV (1) 91 da/ns 17/ 37
S.F. 522 The secretary may issue and enforce a written or printed 1 stop sale, use or removal order to the owner or custodian of 2 any lot of commercial fertilizer or soil conditioner beneficial 3 substance , if the secretary finds the commercial fertilizer 4 or soil conditioner beneficial substance is being offered or 5 exposed for sale in violation of any of the provisions of 6 this chapter or including any of the rules and regulations 7 promulgated rule adopted under this chapter . The secretary may 8 hold the commercial fertilizer or soil conditioner beneficial 9 substance at a designated place until the law has been complied 10 with and the commercial fertilizer or soil conditioner 11 beneficial substance is released in writing by the secretary, 12 or the violation has been otherwise legally disposed of by 13 written authority, and all costs and expenses incurred in 14 connection with the withdrawal have been paid. 15 Sec. 14. Section 200.17, Code 2025, is amended to read as 16 follows: 17 200.17 Seizure, condemnation, and sale. 18 Any lot of commercial fertilizer or soil conditioner 19 beneficial substance not in compliance with the provisions 20 of this chapter shall be subject to seizure on complaint of 21 the secretary to a court of competent jurisdiction in the 22 county or adjoining county in which the commercial fertilizer 23 or soil conditioner beneficial substance is located. In 24 the event the court finds the commercial fertilizer or soil 25 conditioner beneficial substance to be in violation of this 26 chapter and orders or an order for the condemnation of the 27 commercial fertilizer or soil conditioner beneficial substance , 28 it the commercial fertilizer or beneficial substance shall be 29 disposed of in any manner consistent with the quality of the 30 commercial fertilizer or soil conditioner beneficial substance 31 and the laws of the state. However, in no instance shall the 32 disposition of the commercial fertilizer or soil conditioner 33 beneficial substance shall not be ordered by the court without 34 first giving the claimant an opportunity to apply to the court 35 -18- LSB 2803SV (1) 91 da/ns 18/ 37
S.F. 522 for release of the commercial fertilizer or soil conditioner 1 beneficial substance or for permission to reprocess or relabel 2 the commercial fertilizer or soil conditioner beneficial 3 substance to bring it into compliance with this chapter . 4 Sec. 15. Section 200.18, subsection 1, Code 2025, is amended 5 to read as follows: 6 1. If it shall appear from the examination of any commercial 7 fertilizer or soil conditioner beneficial substance or any 8 anhydrous ammonia installation, equipment, or operation that 9 any of the provisions a provision of this chapter or the rules 10 and regulations issued , including any rule adopted under this 11 chapter , have been violated, the secretary shall cause notice 12 of the violations to be given to the registrant, distributor, 13 or possessor from whom said sample was taken ; any . The person 14 so notified shall be given opportunity to be heard under such 15 rules and regulations as may be prescribed by the secretary. 16 If it appears after such hearing, either in the presence or 17 absence of the person so notified, that any of the provisions 18 provision of this chapter or rules and regulations issued , 19 including a rule adopted under this chapter have , has been 20 violated, the secretary may certify the facts to the proper 21 prosecuting attorney. 22 Sec. 16. Section 200.19, Code 2025, is amended to read as 23 follows: 24 200.19 Exchanges between manufacturers. 25 Nothing in this chapter shall be construed to restrict or 26 avoid sales or exchanges of commercial fertilizers or soil 27 conditioners beneficial substances to each other by importers, 28 manufacturers, or manipulators who mix fertilizer materials for 29 sale or as preventing the free and unrestricted shipments of 30 commercial fertilizer or soil conditioner to manufacturers or 31 manipulators who have registered their brands as required by 32 the provisions of this chapter . 33 Sec. 17. Section 200.20, subsection 2, Code 2025, is amended 34 to read as follows: 35 -19- LSB 2803SV (1) 91 da/ns 19/ 37
S.F. 522 2. Subsection 1 shall does not apply to any of the 1 following: 2 a. A specialty fertilizer. 3 b. A fertilizer designed to be applied and ordinarily 4 applied directly to growing plant foliage to stimulate further 5 growth. 6 c. Compost materials to be applied on land, if any of the 7 following apply: 8 (1) The land is being used to produce an agricultural 9 commodity that is an organic agricultural product as provided 10 in chapter 190C , including rules adopted by the department 11 under that chapter. 12 (2) The land is in the transition of being used to produce 13 an agricultural commodity that is an organic agricultural 14 product, pursuant to rules adopted by the department as 15 provided in chapter 190C . 16 Sec. 18. Section 200.22, subsection 2, Code 2025, is amended 17 to read as follows: 18 2. The provisions of this chapter and rules adopted by 19 the department pursuant to this chapter shall preempt local 20 legislation adopted by a local governmental entity relating to 21 the use, sale, distribution, storage, transportation, disposal, 22 formulation, labeling, registration, or manufacture of a 23 fertilizer or soil conditioner beneficial substance . A local 24 governmental entity shall not adopt or continue in effect local 25 legislation relating to the use, sale, distribution, storage, 26 transportation, disposal, formulation, labeling, registration, 27 or manufacture of a fertilizer or soil conditioner beneficial 28 substance , regardless of whether a statute or rule adopted 29 by the department applies to preempt the local legislation. 30 Local legislation in violation of this section is void and 31 unenforceable. 32 Sec. 19. Section 200A.2, Code 2025, is amended to read as 33 follows: 34 200A.2 Purpose. 35 -20- LSB 2803SV (1) 91 da/ns 20/ 37
S.F. 522 The purpose of this chapter is to regulate certain bulk 1 dry animal manure for use as a fertilizer or soil conditioner 2 beneficial substance , which is unmanipulated and therefore not 3 subject to regulation under chapter 200 . 4 Sec. 20. Section 202.1, subsection 12, Code 2025, is amended 5 to read as follows: 6 12. Produce means to do any of the following: 7 a. Provide feed or services relating to as part of the 8 livestocks care and feeding of livestock . If the livestock is 9 dairy cattle, produce includes milking the dairy cattle and 10 storing raw milk at the contract producers contract livestock 11 facility. 12 b. Provide for planting, raising, harvesting, and storing 13 a crop. Produce includes preparing the soil for planting 14 and nurturing the crop by the application of fertilizers a 15 fertilizer or soil conditioners beneficial substance as defined 16 in section 200.3 or pesticides a pesticide as defined in 17 section 206.2 . 18 Sec. 21. Section 206.12, subsection 1, paragraph a, Code 19 2025, is amended to read as follows: 20 a. For the purpose of this chapter , fertilizers a fertilizer 21 in a mixed fertilizer-pesticide formulations formulation or 22 a beneficial substance in a beneficial substance-pesticide 23 formulation shall be considered as an inert ingredients 24 ingredient . 25 Sec. 22. Section 321.1, subsection 1, Code 2025, is amended 26 to read as follows: 27 1. a. Agricultural hazardous material means a hazardous 28 material, other than hazardous waste, whose end use directly 29 supports the production of an agricultural commodity, 30 including , but not limited to , a fertilizer, pesticide, soil 31 conditioner beneficial substance , or fuel. 32 b. Agricultural hazardous material is limited to material 33 in class 3, 8, or 9, division 2.1, 2.2, 5.1, or 6.1, or an ORM-D 34 material as defined in 49 C.F.R. 171.8 . 35 -21- LSB 2803SV (1) 91 da/ns 21/ 37
S.F. 522 Sec. 23. Section 403.17, subsection 3, Code 2025, is amended 1 to read as follows: 2 3. a. Agricultural land means real property owned by a 3 person in tracts of ten acres or more and not laid off into 4 lots of less than ten acres or divided by streets and alleys 5 into parcels of less than ten acres, and that has been used for 6 the production of agricultural commodities during three out 7 of the past five years. Such use of property includes, but 8 is not limited to, the raising, harvesting, handling, drying, 9 or storage of crops used for feed, food, seed, or fiber; the 10 care or feeding of livestock; the handling or transportation 11 of crops or livestock; the storage, treatment, or disposal of 12 livestock manure; and the application of fertilizers, soil 13 conditioners beneficial substances , pesticides, and herbicides 14 on crops. Agricultural land 15 b. Agricultural land includes land on which is located 16 farm residences or outbuildings used for agricultural purposes 17 and land on which is located facilities, structures, or 18 equipment for agricultural purposes. Agricultural land 19 c. Agricultural land includes land taken out of 20 agricultural production for purposes of environmental 21 protection or preservation. 22 Sec. 24. Section 455B.411, subsection 3, paragraph b, 23 subparagraph (1), Code 2025, is amended to read as follows: 24 (1) Agricultural wastes, including manures and crop 25 residues that are returned to the soil as fertilizers or soil 26 conditioners beneficial substances . 27 Sec. 25. Section 455E.11, subsection 2, paragraph b, 28 unnumbered paragraph 1, Code 2025, is amended to read as 29 follows: 30 An agriculture management account. Moneys collected from 31 the groundwater protection fee levied pursuant to section 32 200.8, subsection 4 3 , the portion of the fees collected 33 pursuant to section 206.8, subsection 2 , and section 206.12, 34 subsection 3 , and other moneys designated for the purpose of 35 -22- LSB 2803SV (1) 91 da/ns 22/ 37
S.F. 522 agriculture management shall be deposited in the agriculture 1 management account. The agriculture management account shall 2 be used for the following purposes: 3 Sec. 26. Section 579B.1, subsection 14, paragraph b, Code 4 2025, is amended to read as follows: 5 b. Provide for planting, raising, harvesting, and storing 6 a crop. Produce includes preparing the soil for planting 7 and nurturing the crop by the application of fertilizers a 8 fertilizer or soil conditioners beneficial substance as defined 9 in section 200.3 or pesticides a pesticide as defined in 10 section 206.2 . 11 Sec. 27. Section 716.11, subsection 2, Code 2025, is amended 12 to read as follows: 13 2. a. Critical infrastructure sabotage means an 14 unauthorized and overt act intended to cause and having the 15 means to cause, and in substantial furtherance of causing, a 16 substantial and widespread interruption or impairment of a 17 fundamental service rendered by the critical infrastructure. 18 However, critical infrastructure sabotage 19 b. Critical infrastructure sabotage does not include 20 an accidental interruption or impairment of service to the 21 critical infrastructure caused by a person in the performance 22 of the persons work duties or caused by a persons lawful 23 activity. In addition, critical infrastructure sabotage does 24 not include any condition or activity related to the production 25 of farm products as defined in section 554.9102 , including 26 but not limited to the discharge of agricultural stormwater; 27 the construction or use of soil or water quality conservation 28 practices or structures; the preparation of agricultural land 29 and the raising, harvesting, drying, or storage of agricultural 30 crops; the application of a fertilizer or beneficial substance 31 as defined in section 200.3 , pesticides a pesticide as defined 32 in section 206.2 , or manure as defined in section 459.102 ; the 33 installation and use of agricultural drainage tile and systems; 34 the construction, operation, or management of an animal feeding 35 -23- LSB 2803SV (1) 91 da/ns 23/ 37
S.F. 522 operation as defined in section 459.102 ; and the care, feeding, 1 or watering of livestock. 2 PART B 3 APPLICATION OF PESTICIDES CERTIFICATION 4 Sec. 28. Section 206.5, subsection 7, paragraph b, 5 subparagraph (1), Code 2025, is amended to read as follows: 6 (1) The department shall may adopt by rule criteria for 7 allowing a person required to be certified to complete either 8 a written or oral examination. 9 DIVISION II 10 ANIMAL HEALTH 11 PART A 12 CONTROL OF INFECTIOUS OR CONTAGIOUS DISEASES AFFLICTING ANIMALS 13 Sec. 29. Section 163.1, subsection 1, Code 2025, is amended 14 by striking the subsection. 15 Sec. 30. Section 163.1, subsection 3, Code 2025, is amended 16 to read as follows: 17 3. Determine and employ the most efficient and practical 18 means for the identification and control of an infectious or 19 contagious disease afflicting animals that may threaten or 20 actually threatens animals in this state . 21 Sec. 31. NEW SECTION . 163.2B Rules. 22 1. The department shall adopt rules pursuant to chapter 17A 23 to administer and enforce this chapter. 24 2. If the department determines that rules described in 25 subsection 1 are required to be adopted and take effect on 26 an emergency basis to prevent or control the outbreak of an 27 infectious or contagious disease afflicting animals, the 28 department may adopt emergency rules under section 17A.4, 29 subsection 3, and section 17A.5, subsection 2, paragraph b , 30 to administer and enforce this chapter. The rules shall be 31 effective immediately upon filing unless a later date is 32 specified in the rules. Any rules adopted in accordance with 33 this subsection shall also be published as a notice of intended 34 action as provided in section 17A.4. 35 -24- LSB 2803SV (1) 91 da/ns 24/ 37
S.F. 522 Sec. 32. CODE EDITOR DIRECTIVE. 1 1. The Code editor is directed to make the following 2 transfers: 3 a. Section 163.2A to section 163.3. 4 b. Section 163.2B to section 163.2A. 5 2. The Code editor shall correct internal references in the 6 Code and in any enacted legislation as necessary due to the 7 enactment of this section. 8 Sec. 33. DIRECTIONS TO CODE EDITOR. The Code editor is 9 directed to arrange the provisions of chapter 163, subchapter 10 I, parts 1 and 2, as amended or enacted in this division of this 11 Act, into the following parts: 12 1. Part 1, including sections 163.1 through 163.2A. 13 2. Part 2, including sections 163.3 through 163.5. 14 PART B 15 PRACTICE OF VETERINARY MEDICINE 16 Sec. 34. Section 169.5, subsection 9, Code 2025, is amended 17 to read as follows: 18 9. A person who provides veterinary medical services, 19 owns a veterinary clinic, or practices in this state shall 20 obtain a certificate from the board and be subject to the same 21 standards of conduct, as provided in this chapter and rules 22 adopted by the board, as apply to a licensed veterinarian, 23 unless the board determines that the same standards of 24 conduct are inapplicable. The board shall issue, renew, or 25 deny a certificate; adopt rules relating to the standards of 26 conduct; and take disciplinary action against the person, 27 including suspension or revocation of a certificate, in 28 accordance with the procedures established in section 169.14 . 29 Certification fees shall be established by the board pursuant 30 to subsection 7 , paragraph j . Fees Certification fees 31 shall be established in an amount sufficient to fully offset 32 the costs of certification pursuant to this subsection . F or 33 the fiscal year beginning July 1, 2001, and ending June 30, 34 2002, the department shall retain fees collected to administer 35 -25- LSB 2803SV (1) 91 da/ns 25/ 37
S.F. 522 the program of certifying veterinary clinics and the fees 1 retained are appropriated to the department for the purposes 2 of this subsection . For the fiscal year beginning July 1, 3 2001, and ending June 30, 2002, notwithstanding section 8.33 , 4 fees which remain unexpended at the end of the fiscal year 5 shall not revert to the general fund of the state but shall be 6 available for use for the following fiscal year to administer 7 the program. For the fiscal year beginning July 1, 2002, and 8 succeeding fiscal years, certification Certification fees 9 shall be deposited in the general fund of the state and are 10 appropriated to the department to administer the certification 11 provisions of this subsection . This subsection shall not 12 apply to an animal shelter, as defined in section 162.2 , that 13 provides veterinary medical services to animals in the custody 14 of the shelter. 15 Sec. 35. Section 169.13, Code 2025, is amended to read as 16 follows: 17 169.13 Discipline of licensees. 18 1. The board of veterinary medicine, after due notice and 19 hearing, may revoke or suspend a license to practice veterinary 20 medicine take disciplinary action against a licensee if it 21 determines that a veterinarian licensed to practice veterinary 22 medicine is guilty of violating any of the following acts or 23 offenses: grounds for discipline in this section. 24 2. The board is authorized to discipline licensees in any 25 of the following ways: 26 a. Impose a civil penalty against the licensee in an amount 27 not to exceed ten thousand dollars. If the board imposes a 28 civil penalty, all of the following apply: 29 (1) The collection of the civil penalty may be enforced in 30 a civil action brought by the attorney general on behalf of the 31 board. 32 (2) Moneys collected in civil penalties shall be deposited 33 in the general fund of the state. 34 b. Revoke or suspend a license to practice veterinary 35 -26- LSB 2803SV (1) 91 da/ns 26/ 37
S.F. 522 medicine. 1 3. Any of the following actions or offenses constitutes 2 grounds for discipline: 3 a. Knowingly making a misleading, deceptive, untrue, or 4 fraudulent representation in the practice of the profession. 5 b. Being convicted of a felony in the courts a court of 6 this state or another state, territory, or country. Conviction 7 as used in this paragraph includes a conviction of an offense 8 which if committed in this state would be deemed a felony 9 without regard to its designation elsewhere, or a criminal 10 proceeding in which a finding or verdict of guilt is made or 11 returned, but the adjudication or guilt is either withheld or 12 not entered. A certified copy of the final order or judgment 13 of conviction or plea of guilty in this state or in another 14 state is conclusive evidence. 15 c. Violating a statute or law of this state, another state, 16 or the United States, without regard to its designation as 17 either felony or misdemeanor, which if the statute or law 18 relates to the practice of veterinary medicine. 19 d. Having the persons license to practice veterinary 20 medicine revoked or suspended, or having other disciplinary 21 action taken by a licensing authority of another state, 22 territory, or country. A certified copy of the record or 23 order of the suspension, revocation, or disciplinary action is 24 conclusive or prima facie evidence. 25 e. Knowingly aiding, assisting, procuring, or advising a 26 person to unlawfully practice veterinary medicine. 27 f. Being adjudged mentally incompetent by a court of 28 competent jurisdiction. The adjudication shall automatically 29 suspend a license for the duration of the license unless the 30 board orders otherwise. 31 g. Being guilty of a willful or repeated departure from, or 32 the a failure to conform to, the minimal standard of acceptable 33 and prevailing practice of veterinary medicine as defined in 34 rules adopted by the board, in which proceeding actual injury 35 -27- LSB 2803SV (1) 91 da/ns 27/ 37
S.F. 522 to an animal need not be established; or the committing by a 1 veterinarian of an act contrary to honesty, justice, or good 2 morals, whether the act is committed in the course of the 3 practice or otherwise, and whether committed within or without 4 this state. 5 h. Inability Demonstrating an inability to practice 6 veterinary medicine with reasonable skill and safety by reason 7 of illness, drunkenness, excessive use of drugs, narcotics, 8 chemicals, or other type of material or as a result of a mental 9 or physical condition. 10 i. Willful Having willfully or repeated violation of 11 repeatedly violated lawful rules adopted by the board or 12 violation of a lawful order of the board, previously entered by 13 the board in a disciplinary hearing. 14 2. 4. a. The board, upon probable cause, may compel a 15 veterinarian to submit to a mental or physical examination by 16 designated physicians. Failure of a veterinarian to submit to 17 an examination constitutes an admission to the allegations made 18 against that veterinarian and the finding of fact and decision 19 of the board may be entered without the taking of testimony 20 or presentation of evidence. At reasonable intervals, a 21 veterinarian shall be afforded an opportunity to demonstrate 22 that the veterinarian can resume the competent practice 23 of veterinary medicine with reasonable skill and safety to 24 animals. 25 b. A person licensed to practice veterinary medicine who 26 makes application applies for the renewal of the persons 27 license as required by section 169.12 gives consent to 28 submit to a mental or physical examination as provided by 29 this paragraph when directed in writing by the board. All 30 objections shall be waived as to the admissibility of the 31 examining physicians testimony or examination reports on 32 the grounds that they constitute privileged communication. 33 The medical testimony or examination reports shall not 34 be used against a veterinarian in another proceeding and 35 -28- LSB 2803SV (1) 91 da/ns 28/ 37
S.F. 522 are confidential except for other actions filed against a 1 veterinarian to revoke or suspend that persons license. 2 PART C 3 COURT-ORDERED MANAGEMENT OF LIVESTOCK IN IMMEDIATE NEED OF 4 SUSTENANCE 5 Sec. 36. Section 717.4A, Code 2025, is amended to read as 6 follows: 7 717.4A Livestock in immediate need of sustenance livestock 8 remediation fund. 9 The department may utilize the moneys deposited into the 10 livestock remediation fund pursuant to section 459.501 to pay 11 for any expenses associated with providing sustenance to or 12 the disposition of the livestock pursuant to a court order 13 entered pursuant to section 717.3 or 717.5 . The department 14 shall utilize moneys from the fund only to the extent that the 15 department determines that expenses cannot be timely paid by 16 utilizing the available provisions of sections 717.4 and 717.5 . 17 The department shall deposit any unexpended and unobligated 18 moneys in the fund. The department shall pay to the fund the 19 proceeds from the disposition of the livestock and associated 20 products less expenses incurred by the department in providing 21 for the sustenance and disposition of the livestock, as 22 provided in section 717.5 If there are proceeds remaining after 23 the disposition of the livestock or associated products and 24 satisfaction of the departments expenses, and the department 25 has utilized moneys from the livestock remediation fund, the 26 department shall repay the fund from the proceeds . 27 Sec. 37. Section 717.5, subsection 1, Code 2025, is amended 28 by adding the following new paragraph: 29 NEW PARAGRAPH . d. If the court orders the disposition of 30 the livestock that involves the livestocks sale or transfer, 31 the order shall be deemed as occurring by a receiver appointed 32 pursuant to section 680.4. 33 Sec. 38. Section 717.5, subsection 3, Code 2025, is amended 34 by adding the following new paragraph: 35 -29- LSB 2803SV (1) 91 da/ns 29/ 37
S.F. 522 NEW PARAGRAPH . d. If any moneys remain after satisfying the 1 costs of the local authority or department, such moneys shall 2 be distributed pursuant to the process and priorities contained 3 in chapter 680. 4 DIVISION III 5 AGRICULTURAL PROCESSING 6 Sec. 39. NEW SECTION . 189A.1A Objective. 7 1. It is the objective of this chapter to provide for meat 8 and poultry products inspection programs that will impose and 9 enforce requirements with respect to intrastate operations 10 and commerce that are at least equal to those imposed and 11 enforced under the federal Meat Inspection Act and the federal 12 Poultry Products Inspection Act with respect to operations and 13 transactions in interstate commerce. 14 2. The secretary is directed to administer this chapter 15 so as to accomplish this objective. The bureau chief of the 16 meat and poultry inspection bureau shall be designated as the 17 secretarys delegate to be the appropriate state official to 18 cooperate with the secretary of agriculture of the United 19 States in administration of this chapter. 20 Sec. 40. Section 189A.2, Code 2025, is amended by adding the 21 following new subsections: 22 NEW SUBSECTION . 5A. Department means the department of 23 agriculture and land stewardship. 24 NEW SUBSECTION . 29A. Secretary means the secretary of 25 agriculture. 26 Sec. 41. Section 189A.3, Code 2025, is amended to read as 27 follows: 28 189A.3 License fee. 29 1. a. A person shall not operate an establishment without 30 first obtaining a license from the department. 31 b. Paragraph a does not apply to any of the following: 32 (1) A food establishment as defined in section 137F.1 . 33 (2) A home food processing establishment as defined in 34 section 137D.1. 35 -30- LSB 2803SV (1) 91 da/ns 30/ 37
S.F. 522 (2) (3) A person who slaughters, processes, or prepares 1 livestock or poultry of the persons own raising, exclusively 2 for the persons household, nonpaying guests, or nonpaying 3 employees. 4 2. a. The license fee for each establishment per year or 5 any part of a year shall be as follows : 6 a. (1) For all meat and poultry slaughtered or otherwise 7 prepared not exceeding twenty thousand pounds per year for 8 sale, resale, or custom, twenty-five fifty dollars. 9 b. (2) For all meat and poultry slaughtered or otherwise 10 prepared in excess of twenty thousand pounds per year for sale, 11 resale, or custom, fifty one hundred dollars. 12 b. A license fee collected by the department shall be 13 retained by the department as appropriated receipts for 14 administration of this chapter. 15 3. a. The moneys shall be deposited with the department. 16 The A license year shall be from July 1 to June 30 shall expire 17 on July 1 of each odd-numbered year . Applications 18 b. An application for licenses a license shall be in writing 19 on forms a form prescribed by the department. 20 4. It is the objective of this chapter to provide for meat 21 and poultry products inspection programs that will impose and 22 enforce requirements with respect to intrastate operations 23 and commerce that are at least equal to those imposed and 24 enforced under the federal Meat Inspection Act and the federal 25 Poultry Products Inspection Act with respect to operations 26 and transactions in interstate commerce; and the secretary 27 is directed to administer this chapter so as to accomplish 28 this purpose. A director of the meat and poultry inspection 29 service shall be designated as the secretarys delegate to be 30 the appropriate state official to cooperate with the secretary 31 of agriculture of the United States in administration of this 32 chapter . 33 Sec. 42. Section 189A.4, subsection 1, unnumbered paragraph 34 1, Code 2025, is amended to read as follows: 35 -31- LSB 2803SV (1) 91 da/ns 31/ 37
S.F. 522 In order to accomplish the objectives objective of this 1 chapter , the secretary may exempt the following types of 2 operations from inspection: 3 Sec. 43. Section 189A.5, subsection 2, unnumbered paragraph 4 1, Code 2025, is amended to read as follows: 5 In order to accomplish the objectives objective stated 6 in section 189A.3 189A.1A, the secretary shall do any of the 7 following : 8 Sec. 44. Section 189A.7, unnumbered paragraph 1, Code 2025, 9 is amended to read as follows: 10 In order to accomplish the objective stated in section 11 189A.3 189A.1A, the secretary may do any of the following : 12 EXPLANATION 13 The inclusion of this explanation does not constitute agreement with 14 the explanations substance by the members of the general assembly. 15 GENERAL. This bill provides for the administration of a 16 number of programs and regulations relating to agriculture, 17 including crop production, and specifically the application of 18 soil inputs such as fertilizers and soil conditioners (Code 19 chapters 200 and 200A) and pesticides (Code chapter 206); 20 animal health, and specifically the control of infectious or 21 contagious diseases afflicting animals (Code chapter 163), the 22 practice of veterinary medicine (Code chapter 169), and the 23 court-ordered management of livestock in immediate need of 24 sustenance (Code chapter 717); and agricultural processing, and 25 specifically the slaughter and processing of meat and poultry 26 products (Code chapter 189A). 27 CROP PRODUCTION APPLICATION OF NUTRIENTS BACKGROUND. 28 The department of agriculture and land stewardship (DALS) 29 regulates the composition of soil inputs, including nutrients 30 such as fertilizers which are manufactured to achieve optimum 31 plant growth under the Iowa fertilizer law (Code section 32 200.1), which includes a number of definitions (Code section 33 200.3). DALS also regulates fertilizing material which is 34 a substance used to compound a fertilizer, and a commercial 35 -32- LSB 2803SV (1) 91 da/ns 32/ 37
S.F. 522 fertilizer which refers to a fertilizer, fertilizing material, 1 and a fertilizer-pesticide mixture. A secondary input is 2 referred to as a soil conditioner which is a substance other 3 than a fertilizer that improves the condition or structure 4 of the soil and is also used to improve plant growth. DALS 5 licenses persons who manufacture, offer for sale, sell, or 6 distribute a fertilizer or soil conditioner. The person is 7 also subject to a license fee (Code section 200.4). Each brand 8 or grade of commercial fertilizer or soil conditioner must 9 be registered with DALS (Code section 200.5). A fertilizer 10 or soil conditioner is subject to label requirements (Code 11 section 200.6). DALS imposes an inspection fee upon a 12 licensee (Code section 200.8). DALS must sample, inspect, 13 make analysis of, and test a commercial fertilizer or soil 14 conditioner distributed within the state (Code section 200.10). 15 A person is prohibited from manufacturing, offering for sale, 16 or selling a commercial fertilizer or soil conditioner that 17 is injurious to crop growth or deleterious to the soil (Code 18 section 200.11). A person selling a commercial fertilizer 19 or soil conditioner must identify substances promoting 20 its use in a manner that is not deceptive (Code section 21 200.12). DALS must adopt rules regulating equipment used 22 in storing, handling, and transporting fertilizers and soil 23 conditioners (Code section 200.14). DALS is authorized to 24 take administrative action against a licensee or registrant 25 acting in violation of the law, including by canceling the 26 license or registration (Code section 200.15), issuing a stop 27 order (Code section 200.16), or seizing a commercial fertilizer 28 or soil conditioner (Code section 200.17). A county, city, 29 or other political subdivision is prohibited from passing or 30 enforcing local legislation that regulates the use, sale, 31 distribution, storage, transportation, disposal, formulation, 32 labeling, registration, or manufacture of a fertilizer or soil 33 conditioner (Code section 200.22). A person registering a 34 pesticide must account for formulations of a fertilizer (Code 35 -33- LSB 2803SV (1) 91 da/ns 33/ 37
S.F. 522 section 206.12). A number of Code sections include a reference 1 to soil conditioners: the definition of agricultural land 2 for purposes of eminent domain (Code section 6A.21) and urban 3 renewal (Code section 403.17) each include such a reference. 4 A transportation regulation involving hazardous materials 5 includes soil conditioners (Code section 321.1). A commodity 6 production contract lien (Code section 579B.1) covers the use 7 of a soil conditioner. An exception to the criminal offense 8 of critical infrastructure sabotage includes the use of a soil 9 conditioner (Code section 716.11). 10 CROP PRODUCTION APPLICATION OF NUTRIENTS BILL. The 11 bill replaces the term soil conditioner with beneficial 12 substance which is defined as a substance or compound that is 13 beneficial to one or more species of plants, soil, or media. 14 It includes a plant amendment, plant biostimulant, plant 15 inoculant, soil-amending ingredient, soil-amending form, soil 16 amendment, and soil inoculant. The bill changes references to 17 the state chemist to the bureau chief of the Iowa laboratory 18 bureau (Code sections 190C.22 and 200.10). 19 APPLICATION OF PESTICIDES CERTIFICATION BACKGROUND. 20 DALS is responsible for the administration and enforcement of 21 the Pesticide Act of Iowa (Code chapter 206), which in part 22 regulates the use of a pesticide by a commercial applicator, 23 public applicator, or private applicator (Code section 206.2). 24 Generally, a person acting as a commercial applicator or public 25 applicator must be certified to apply any pesticide, and a 26 person acting as a commercial applicator, public applicator, 27 or private applicator (e.g., a farmer) must be certified to 28 apply a restricted use pesticide (Code section 206.5). The 29 designation restricted use is determined by DALS (Code 30 section 206.20) and is generally based on a pesticide so 31 classified by the United States environmental protection agency 32 (40 C.F.R. 152.160 et seq.). DALS is required to administer 33 an educational program in cooperation with the Iowa cooperative 34 extension service in agriculture and home economics of Iowa 35 -34- LSB 2803SV (1) 91 da/ns 34/ 37
S.F. 522 state university of science and technology. In order to be 1 certified, a person must participate in the educational program 2 by passing an examination for an initial certification and pass 3 an examination or attend instructional hours every three years 4 for the renewal of the certification (Code section 206.5). 5 APPLICATION OF PESTICIDES CERTIFICATION BILL. The 6 bill removes a requirement that DALS adopt by rule criteria 7 allowing a person required to be certified to complete either a 8 written or oral examination. The bill provides that DALS has 9 discretion to adopt such rules. 10 ANIMAL HEALTH CONTROL OF INFECTIOUS OR CONTAGIOUS 11 DISEASES AFFLICTING ANIMALS BACKGROUND. DALS is granted 12 authority to provide for the health of animals and specifically 13 the control of an infectious or contagious disease (disease) 14 afflicting livestock populations (Code chapter 163). The term 15 control refers to prevention, suppression, or eradication 16 efforts (Code section 163.2). 17 ANIMAL HEALTH CONTROL OF INFECTIOUS OR CONTAGIOUS 18 DISEASES AFFLICTING ANIMALS BILL. The bill provides that 19 DALS may determine and employ the most efficient and practical 20 means to identify and control a possible, imminent, or actual 21 threat to an animal population caused by a disease. 22 The bill provides that DALS may adopt any necessary rules 23 for the control of an infectious disease affecting animals 24 within the state by emergency rulemaking. When a statute 25 authorizes emergency rulemaking, an agency may adopt a rule 26 immediately without going through the periods of the rulemaking 27 process known as regulatory analysis (Code section 17A.4A) 28 and notice of intended action (Code section 17A.4(3)). The 29 bill requires that such emergency rulemaking be double 30 barreled. Under the process known as double-barreled 31 rulemaking, when an agency files an emergency rule, it also 32 files the same rule as a notice of intended action that will 33 follow the regular rulemaking process. Normally, a rule 34 cannot be effective prior to 35 days after its filing with the 35 -35- LSB 2803SV (1) 91 da/ns 35/ 37
S.F. 522 administrative rules coordinator and publication in the Iowa 1 administrative bulletin. Under emergency rulemaking, a rule 2 can be made effective on the date of filing and acceptance 3 by the administrative rules coordinator or any subsequent 4 date, as specified by the agency in the filing (Code section 5 17A.5(2)(b)(1)). 6 ANIMAL HEALTH PRACTICE OF VETERINARY MEDICINE 7 BACKGROUND. Veterinarians are regulated by the board of 8 veterinary medicine (veterinary board) which is responsible 9 for licensing and imposing disciplinary action, including the 10 suspension or revocation of a license for cause following a 11 notice and hearing before the veterinary board. The basis for 12 disciplinary action includes making a false representation, 13 being convicted of a felony in Iowa or another jurisdiction, 14 violating a statute or law of Iowa or another jurisdiction, 15 being subject to disciplinary action in another state, 16 assisting in the unlawful practice of veterinary medicine, 17 being adjudged as mentally incompetent, failing to conform 18 with an acceptable practice of veterinary medicine, and being 19 unable to practice veterinary medicine with reasonable skill 20 and safety (amended Code section 169.13). 21 ANIMAL HEALTH PRACTICE OF VETERINARY MEDICINE BILL. 22 The bill provides that, in addition to imposing disciplinary 23 action, the veterinary board may assess a civil penalty. 24 The amount of the civil penalty cannot exceed $10,000 per 25 violation. The attorney general may initiate a claim to 26 collect a civil penalty and any amount collected must be 27 deposited in the general fund of the state. 28 ANIMAL HEALTH COURT-ORDERED MANAGEMENT OF LIVESTOCK 29 IN IMMEDIATE NEED OF SUSTENANCE BACKGROUND. DALS is 30 granted the authority to petition a court to conduct a hearing 31 regarding the condition of livestock. If the court determines 32 that the livestock are in immediate need of sustenance, it 33 must issue an order directing DALS to assume supervision of 34 the livestock (Code section 717.3). The order creates a 35 -36- LSB 2803SV (1) 91 da/ns 36/ 37
S.F. 522 super-priority lien attached to the livestock, proceeds from 1 the sale of livestock, and any associated unmanufactured 2 products, for the benefit of DALS. DALS may also petition 3 a court to order the disposition of the specified livestock. 4 The proceeds from the sale of the livestock are to be used to 5 reimburse DALS according to the liens super-priority status. 6 DALS may also utilize moneys deposited in the livestock 7 remediation fund (remediation fund) (Code section 459.501) 8 to pay for costs of providing for sustenance to livestock as 9 provided in the court order (Code section 717.4A). 10 ANIMAL HEALTH COURT-ORDERED MANAGEMENT OF LIVESTOCK 11 IN IMMEDIATE NEED OF SUSTENANCE BILL. The bill rewrites 12 a provision requiring DALS to repay the remediation fund 13 any proceeds that DALS receives from the disposition of the 14 livestock less expenses in providing for the sustenance and 15 disposition. The bill provides that if the court orders the 16 disposition of the livestock, the order shall be deemed as 17 acting in response to a petition by a receiver appointed by a 18 court in Code chapter 680. 19 AGRICULTURAL PROCESSING SLAUGHTER AND PROCESSING OF MEAT 20 AND POULTRY PRODUCTS LICENSURE BILL. The bill provides 21 that a home food processing establishment licensed by the 22 department of inspections, appeals, and licensing is exempt 23 from DALS licensing requirements (Code chapter 137D). A home 24 food processing establishment refers to a residence in which 25 homemade food items are produced for sale, if consumption is 26 off premises and its business has gross annual sales of less 27 than $50,000 (Code section 137D.1). The bill also provides 28 that the term of a license issued by DALS to a slaughter and 29 processing establishment is extended to a two-year period (from 30 July 1, 2025, to June 30, 2027). The licensee fee is doubled 31 from $25 to $50 and from $50 to $100 to reflect the licenses 32 biennial term. DALS is required to prorate the license fee 33 for a new establishment. The bill makes various changes in 34 terminology to improve readability. 35 -37- LSB 2803SV (1) 91 da/ns 37/ 37