Senate File 632 - Introduced SENATE FILE 632 BY COMMITTEE ON WAYS AND MEANS (SUCCESSOR TO SF 522) (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 2803SZ (2) 91 da/ns
S.F. 632 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 2803SZ (2) 91 da/ns 1/ 38
S.F. 632 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 (8) Compost. 30 b. Beneficial substance does not include a pesticide. 31 5. The term brand Brand means a term, design, or 32 trademark used in connection with one or several grades 33 of commercial fertilizer , product name, or other specific 34 designation under which a individual beneficial substance or 35 -2- LSB 2803SZ (2) 91 da/ns 2/ 38
S.F. 632 commercial fertilizer is offered for sale . 1 5. The term bulk fertilizer shall mean commercial 2 fertilizer delivered to the purchaser in the solid, liquid, or 3 gaseous state, in a nonpackaged form to which a label cannot 4 be attached. 5 6. Bulk means in a nonpackaged form to which a label 6 cannot be attached. 7 7. The term commercial fertilizer Commercial 8 fertilizer includes fertilizer and fertilizer materials and 9 fertilizer-pesticide mixtures. 10 8. Compost means a product manufactured through the 11 controlled aerobic, biological decomposition of a biodegradable 12 material if the product has undergone mesophilic and 13 thermophilic temperatures that significantly reduce the 14 viability of pathogens and weed seeds and stabilize carbon to 15 the extent that the product is beneficial to plant growth. 16 7. 9. Department means the department of agriculture and 17 land stewardship. 18 10. Distribute means to import, consign, manufacture, 19 produce, compound, mix, blend, or offer for sale, sell, barter, 20 or otherwise supply a commercial fertilizer or beneficial 21 substance in this state. 22 8. 11. The term distributor Distributor means 23 any person who imports, consigns, manufactures, produces, 24 compounds, mixes, or blends commercial fertilizer , or who 25 offers for sale, sells, barters, or otherwise distributes , a 26 commercial fertilizer or beneficial substance in this state. 27 9. 12. a. Established date of operation means the date on 28 which an anhydrous ammonia plant commenced operating. 29 b. If the physical facilities of the plant are subsequently 30 expanded, the established date of operation for each expansion 31 is deemed to be a separate and independent established date of 32 operation established as of the date of commencement of the 33 expanded operations. 34 c. The commencement of expanded operations does not divest 35 -3- LSB 2803SZ (2) 91 da/ns 3/ 38
S.F. 632 the plant of a previously established date of operation. 1 10. 13. Established date of ownership means the date 2 of the recording of an appropriate instrument of title 3 establishing the ownership of real estate. 4 11. 14. The term fertilizer Fertilizer means any 5 substance containing one or more recognized plant nutrient 6 which is nutrients used for its plant nutrient content 7 and which is designed for use and claimed to have value 8 in promoting plant growth except unmanipulated animal and 9 vegetable manures or calcium and magnesium carbonate materials 10 used primarily for correcting soil acidity. 11 12. 15. The term fertilizer material Fertilizer material 12 means any substance used as a fertilizer or for compounding 13 a fertilizer containing one or more of the recognized plant 14 nutrients which are used for promoting plant growth or altering 15 plant composition. 16 13. 16. The term grade Grade means the percentages 17 of total nitrogen, available phosphorus or P 2 O 5 or both, and 18 soluble potassium or K 2 O or both stated in whole numbers in same 19 terms, order , and percentages as in the guaranteed analysis 20 guaranteed analysis . 21 14. Guaranteed analysis: 22 17. a. (1) The term guaranteed analysis shall mean 23 Guaranteed analysis means the minimum percentage of plant 24 nutrients claimed and reported as Total Nitrogen (N), Available 25 Phosphorus (P) or P 2 O 5 or both, Soluble Potassium (K) or K 2 O or 26 both and in the following form: 27 Total Nitrogen (N) ... percent 28 Available Phosphorus (P) or P 2 O 5 or both ... percent 29 Soluble Potassium (K) or K 2 O or both ... percent 30 (2) Registration and guarantee of water soluble phosphorus 31 (P) or (P 2 O 5 ) shall be permitted. 32 b. The term guaranteed analysis Guaranteed analysis , 33 in the form specified in paragraph a , includes all of the 34 following : 35 -4- LSB 2803SZ (2) 91 da/ns 4/ 38
S.F. 632 (1) (a) For unacidulated mineral phosphatic materials and 1 basic slag, both total and available phosphorus or P 2 O 5 or both 2 and the degree of fineness. 3 (b) For bone tankage and other organic phosphatic 4 materials, total phosphorus or P 2 O 5 or both. 5 (2) When any additional plant nutrient elements contained 6 in a beneficial substance as identified in subsection 10 7 of this section , are claimed in writing, they shall be 8 identified in the guarantee, expressed as the element, and 9 shall be subject to inspection and analysis in accordance with 10 the methods and regulations that may be prescribed by the 11 association of official agricultural chemists. 12 18. Label means the display of all written, printed, 13 or graphic matter upon the immediate container or statement 14 accompanying a commercial fertilizer or beneficial substance. 15 19. Labeling means the advertising or promotion of any 16 commercial fertilizer or beneficial substance including but 17 not limited to any written, printed, graphic, or electronic 18 communication used in promoting the sale of a commercial 19 fertilizer or beneficial substance. 20 15. 20. Licensee means a person licensed under section 21 200.4 . 22 16. 21. Nuisance means public or private nuisance as 23 defined by statute or by the common law. 24 17. 22. Nuisance action or proceeding means an action, 25 claim or proceeding brought at law, in equity, or as an 26 administrative proceeding, which is based on nuisance. 27 18. 23. The term official sample Official sample means 28 any sample of commercial fertilizer taken by the secretary or 29 the secretarys agent. 30 19. Organic agricultural product means the same as defined 31 in section 190C.1 . 32 20. 24. Owner means the person holding record title to 33 real estate, and includes both legal and equitable interest 34 under recorded real estate contracts. 35 -5- LSB 2803SZ (2) 91 da/ns 5/ 38
S.F. 632 21. 25. The term percent or percentage Percent or 1 percentage means the percentage by weight. 2 22. 26. The term person Person includes an individual, 3 or a type of partnership, limited liability company, 4 corporation, or association, firm, and corporation formed or 5 organized to do business in this state or authorized to do or 6 transact business in this state . 7 23. 27. The term pesticide as used in this chapter 8 means Pesticide includes insecticides, miticides, nemacides, 9 fungicides, herbicides , and any other substance used in pest 10 control. 11 28. Plant amendment means any substance applied to 12 a plant seed which is intended to improve growth, yield, 13 product quality, reproduction, flavor, or other favorable 14 characteristics of a plant except a fertilizer, soil amendment, 15 agricultural liming material, animal manure, vegetable manure, 16 pesticide, plant regulator, or other material which may be 17 exempted by regulation. 18 29. Plant biostimulant means a substance, microorganism, 19 or mixture thereof, that, when applied to a seed, plant, the 20 rhizosphere, soil, or other growth media, acts to support 21 a plants natural nutrition processes independently of 22 the biostimulants nutrient content and improves nutrient 23 availability, uptake, or use efficiency, tolerance to abiotic 24 stress, and consequent growth, development, quality, or yield. 25 30. Plant inoculant means a product consisting of 26 microorganisms to be applied to the plant or soil for the 27 purpose of enhancing the availability or uptake of plant 28 nutrients through the root system. 29 24. 31. Secretary means the secretary of agriculture. 30 25. 32. The term sell Sell or sale includes exchange. 31 26. 33. A soil conditioner is Soil amendment means any 32 substance which when added to the soil or applied to plants 33 will produce a favorable growth, yield or quality of crop 34 or soil flora or fauna or other soil characteristics, other 35 -6- LSB 2803SZ (2) 91 da/ns 6/ 38
S.F. 632 than or a mixture of substances which is intended to improve 1 the physical, chemical, biochemical, biological, or other 2 characteristic of the soil, except a fertilizer, recognized 3 pesticide agricultural liming material , unmanipulated animal 4 and manure, unmanipulated vegetable manures or calcium and 5 magnesium carbonate materials used primarily for correcting 6 soil acidity manure, pesticide, or any other material exempted 7 by regulation . 8 34. Soil inoculant means a microbial product that is 9 applied to colonize the soil to benefit the soil chemistry, 10 biology, or structure. 11 35. Soil-amending ingredient means any substance which 12 when applied to soil will improve the physical, chemical, 13 biochemical, biological, or other characteristics of the soil. 14 36. Soil-amending ingredient form means the chemical 15 compound, such as salt, chelate, oxide, or acid, of an 16 ingredient or the physical form of an ingredient. 17 27. 37. A specialty fertilizer is Specialty fertilizer 18 means a commercial fertilizer distributed primarily for 19 nonfarm use, such as home gardens, lawns, shrubbery, flowers, 20 golf courses, municipal parks, cemeteries, greenhouses , and 21 nurseries , and may include commercial fertilizers used for 22 research or experimental purposes. 23 28. 38. The term ton Ton means a net weight of two 24 thousand pounds avoirdupois. 25 29. 39. a. The term unmanipulated manures Unmanipulated 26 manures means any substances composed primarily of excreta, 27 plant remains, or mixtures of such substances which have not 28 been processed in any manner other than dewatering. 29 b. Unmanipulated manures includes unmanipulated animal 30 manure or unmanipulated vegetable manure. 31 30. Words importing the singular number may extend and be 32 applied to several persons or things, and words importing the 33 plural number may include the singular. 34 Sec. 4. Section 200.4, Code 2025, is amended to read as 35 -7- LSB 2803SZ (2) 91 da/ns 7/ 38
S.F. 632 follows: 1 200.4 License fee and expiration mixture requirement . 2 1. Any person who manufactures, mixes, blends, mixes to 3 customers order, offers for sale, sells, or distributes any 4 fertilizer or soil conditioner beneficial substance in this 5 state must first obtain a license issued by the secretary and 6 pay a twenty dollar license fee for each place of manufacture 7 or distribution from which fertilizer or soil conditioner 8 beneficial substance products are sold or distributed in this 9 state. The license shall expire on July 1 of the even-numbered 10 year following the date the license is issued. A license may 11 be renewed for a two-year period as provided by the department. 12 2. The licensee shall at all times produce an intimate 13 and uniform mixture of fertilizers or soil conditioners 14 beneficial substances . When two or more fertilizer materials 15 are delivered in the same load, they shall be thoroughly and 16 uniformly mixed unless they are in separate compartments. 17 Sec. 5. Section 200.5, Code 2025, is amended to read as 18 follows: 19 200.5 Registration. 20 1. Each brand and grade of commercial fertilizer and each 21 soil conditioner beneficial substance shall be registered 22 before being offered for sale, sold , or otherwise distributed 23 in this state; except that a commercial fertilizer formulated 24 according to special specifications furnished by a consumer 25 to fill the consumers order shall not be required to be 26 registered, but shall be labeled as provided in section 200.6, 27 subsection 3 1, paragraph c . The application for registration 28 shall be submitted to the secretary on forms furnished by the 29 secretary and shall be accompanied by a label setting forth the 30 guaranteed analysis which shall be the same as that appearing 31 on the registered product. 32 2. All A registration will shall be permanent, provided, 33 however, that the secretary may request a listing of products 34 to be currently manufactured. The application shall include 35 -8- LSB 2803SZ (2) 91 da/ns 8/ 38
S.F. 632 the following information in the following order: 1 a. Net weight, if sold in packaged form. 2 b. Name and address of the registrant. 3 c. Name of product. 4 d. Brand. 5 e. Grade , if the product contains a recognized plant food . 6 f. Guaranteed analysis. 7 3. In addition to the information required in subsection 8 2 of this section , applications an application for the 9 registration of soil conditioners a beneficial substance must 10 include the name or chemical designation and percentage of 11 content of each of the active ingredients. Each microbial 12 organism ingredient must be identified with species and genus 13 in colony-forming units per gram for a dry product or per 14 milliliter for a liquid product. Another unit of quantity 15 may be acceptable if an accurate and verifiable guarantee is 16 presented. 17 4. The secretary is authorized , after public hearing, 18 following due notice, to adopt rules under chapter 17A 19 regulating the labeling and registration of specialty 20 commercial fertilizers and other fertilizer products beneficial 21 substances , when necessary in the secretarys opinion. The 22 secretary may require any reasonable information in addition 23 to section 200.3, subsection 14 17 , which is necessary and 24 useful to the purchasers of specialty fertilizers commercial 25 fertilizers and beneficial substances of this state and to 26 promote uniformity among states. 27 5. The secretary is authorized after public hearing, 28 following due notice, to establish adopt rules under chapter 29 17A establishing minimum acceptable levels of trace and 30 secondary elements components recognized as effective to aid 31 crops produced in Iowa this state and to require such warning 32 statements as may be deemed necessary to prevent injury to 33 crops or for user safety . 34 6. The secretary, whenever the secretary deems it necessary 35 -9- LSB 2803SZ (2) 91 da/ns 9/ 38
S.F. 632 in the administration of this chapter , may require the 1 submission of additional data about any article, including a 2 fertilizer , beneficial substance, or other product regulated 3 under this chapter to support the claims made for it. If it 4 appears to the secretary that the composition of the article is 5 such as to warrant the claims made for it, and if the article, 6 its labeling and other material required to be submitted, 7 comply with the requirements of this chapter , the secretary 8 shall register the product. 9 7. If it does not appear to the secretary that the article 10 is such as to warrant the proposed claims for it, or if the 11 article and its labeling and other material required to be 12 submitted does do not comply with the a provision of this 13 chapter , the secretary shall notify the registrant of the 14 manner in which the article, labeling, or other material 15 required to be submitted fails to comply with this chapter 16 so as to afford the registrant an opportunity to make the 17 necessary corrections before resubmitting the label. 18 8. It shall be the responsibility of the registrant to 19 submit satisfactory evidence of favorable effects and safety 20 of the product. 21 9. The secretary shall establish minimum requirements 22 for the registration of fertilizers and soil conditioners 23 beneficial substances by efficacy testing or the substantiation 24 of data relevant to Iowa this states crops and soils. 25 10. A distributor shall not be required to register 26 any brand and grade of commercial fertilizer or beneficial 27 substance which is already registered under this chapter by 28 another person. 29 11. The advisory committee created in section 206.23 shall 30 advise and assist the secretary on the registration of a 31 product of commercial fertilizer or soil conditioner under the 32 provisions of this chapter . 33 Sec. 6. Section 200.6, Code 2025, is amended to read as 34 follows: 35 -10- LSB 2803SZ (2) 91 da/ns 10/ 38
S.F. 632 200.6 Labeling. 1 1. a. Any commercial fertilizer offered for sale or sold or 2 distributed in this state in bags , or other containers , shall 3 have placed on or affixed to the container in legibly written 4 or printed form, the information required by section 200.5 , 5 subsection 2 ; , either on tags affixed to the end of the package 6 or directly on the package. 7 2. b. If distributed in bulk, the a shipment of commercial 8 fertilizer must be accompanied by a written or printed 9 statement giving the purchasers name and address in addition 10 to the labeling requirement set forth in section 200.5 , 11 subsection 2 . 12 3. c. A commercial fertilizer formulated according to 13 specifications which are furnished by a consumer prior to 14 mixing shall be labeled to show the net weight, guaranteed 15 analysis, and the name and address of the distributor and 16 may show the net weight and guaranteed analysis of each of 17 the fertilizer materials or soil conditioners used. It is 18 the responsibility of the distributor to mix these materials 19 uniformly and intimately so that when sampled in the prescribed 20 manner the resulting analysis would meet the guarantee. 21 4. d. All bulk bins or intermediate storage of bulk 22 commercial fertilizer where being offered for sale or 23 distributed direct to the consumer shall be labeled showing 24 brand, name , and grade of product. 25 5. e. All fertilizers distributed or stored in bulk, unless 26 in the manufacturers authorized containers, shall be labeled as 27 the responsibility of the possessor. 28 6. 2. Soil conditioners A beneficial substance shall be 29 labeled in accordance with subsection 1 of this section and 30 in addition shall show the name or chemical designation and 31 content or the active ingredients. 32 Sec. 7. Section 200.8, Code 2025, is amended to read as 33 follows: 34 200.8 Inspection fees. 35 -11- LSB 2803SZ (2) 91 da/ns 11/ 38
S.F. 632 1. a. There shall be paid by the licensee to the secretary 1 for all any commercial fertilizers and soil conditioners 2 fertilizer or beneficial substance sold , or distributed in this 3 state, an inspection fee to be fixed annually by the secretary 4 of agriculture at not more than twenty cents per ton. Sales 5 The sale of a commercial fertilizer or beneficial substance 6 for manufacturing purposes only are hereby is exempted from 7 fees an inspection fee but must still be reported showing 8 the manufacturer who purchased same it . Payment of said the 9 inspection fee by any licensee shall exempt all other persons, 10 firms , or corporations from the payment thereof. 11 b. On an individual packages package of specialty a 12 commercial fertilizer or beneficial substance containing 13 twenty-five pounds or less, there shall be paid by the 14 manufacturer in lieu of the semiannual inspection fee as set 15 forth in this chapter , an annual registration and inspection 16 fee of one hundred dollars for each brand and grade sold or 17 distributed in the state. In the event that any manufacturer 18 sells specialty a commercial fertilizer or beneficial substance 19 in packages a package of twenty-five pounds or less and also 20 in packages a package of more than twenty-five pounds, this 21 annual registration and inspection fee shall apply only to that 22 portion sold in packages a package of twenty-five pounds or 23 less, and that portion sold in packages a package of more than 24 twenty-five pounds shall be subject to the same inspection fee 25 as fixed by the secretary of agriculture as provided in this 26 chapter . 27 c. Any person other than a manufacturer who annually offers 28 for sale, sells, or distributes specialty fertilizer in the 29 amount of four thousand pounds or more or applies specialty 30 fertilizer for compensation shall pay an annual inspection fee 31 of thirty dollars in lieu of the semiannual inspection fee as 32 set forth in this chapter . 33 2. Every person who is a licensee and any person required 34 to pay an annual registration and inspection fee under this 35 -12- LSB 2803SZ (2) 91 da/ns 12/ 38
S.F. 632 chapter in this state shall do all of the following : 1 a. File not later than the last day of January and 2 July of each year, on forms furnished by the secretary, a 3 semiannual statement setting forth the number of net tons of 4 commercial fertilizer or soil conditioners beneficial substance 5 distributed in this state by grade for each county during the 6 preceding six-month period ; and upon . Upon filing such the 7 semiannual statement , the person shall pay the inspection fee 8 at the rate stated in subsection 1 . However, in lieu of the 9 semiannual statement by grade for each county, on individual 10 packages of specialty fertilizer containing twenty-five pounds 11 or less of commercial fertilizer , the registrant shall file 12 not later than the last day of July of each year, on forms 13 furnished by the secretary, an annual statement setting forth 14 the number of net tons of specialty commercial fertilizer 15 distributed in this state by grade during the preceding 16 twelve-month period. 17 b. If the tonnage report is not filed or the payment of 18 inspection fees, or both, is not made within ten days after 19 the last day of January and July of each year as required in 20 paragraph a of this subsection , a penalty amounting to ten 21 percent of the amount due, if any, shall be assessed against 22 the licensee. In any case, the penalty shall be no less than 23 fifty dollars. The amount of fees due, if any, and penalty 24 shall constitute a debt and become the basis of a judgment 25 against the licensee. 26 3. If there is an unencumbered balance of funds from the 27 amount of the fees deposited in the general fund pursuant to 28 sections 200.9 and 201A.11 on June 30 of any fiscal year equal 29 to or exceeding three hundred fifty thousand dollars, the 30 secretary of agriculture shall reduce the per ton fee provided 31 for in subsection 1 and the annual license fee established 32 pursuant to section 201A.3 for the next fiscal year in such 33 amount as will result in an ending estimated balance of such 34 funds for June 30 of the next fiscal year of three hundred 35 -13- LSB 2803SZ (2) 91 da/ns 13/ 38
S.F. 632 fifty thousand dollars. 1 4. 3. In addition to the fees imposed under subsection 2 1 , a groundwater protection fee shall be imposed upon 3 nitrogen-based fertilizer. The fee shall be based upon the 4 percentage of actual nitrogen contained in the product. An 5 eighty-two percent nitrogen solution shall be taxed at a rate 6 of seventy-five cents per ton. Other nitrogen-based product 7 formulations shall be taxed on the percentage of actual 8 nitrogen contained in the formulations with the eighty-two 9 percent nitrogen solution serving as the base. The fee 10 shall be paid by each licensee registering to sell fertilizer 11 to the secretary of agriculture. The fees collected shall 12 be deposited in the agriculture management account of the 13 groundwater protection fund. The secretary of agriculture 14 shall adopt rules for the payment, filing, and collection of 15 groundwater protection fees from licensees in conjunction 16 with the collection of registration and inspection fees. The 17 secretary shall, by rule, allow an exemption to the payment 18 of this fee for fertilizers which contain trace amounts of 19 nitrogen. 20 Sec. 8. Section 200.10, Code 2025, is amended to read as 21 follows: 22 200.10 Inspection, sampling, and analysis. 23 1. It shall be the duty of the secretary, who may act 24 through an authorized agent, to sample, inspect, make analysis 25 of, and test commercial fertilizers or soil conditioners 26 beneficial substances distributed within this state at time 27 and place and to such an extent as the secretary may deem 28 necessary, to determine whether such commercial fertilizers and 29 soil conditioners or beneficial substances are in compliance 30 with the provisions of this chapter . In the performance of 31 the foregoing duty, the secretary shall counsel may consult 32 with the director of the Iowa agricultural experimental station 33 in respect to the time, place , and extent of sampling. The 34 secretary acting individually or through an agent is authorized 35 -14- LSB 2803SZ (2) 91 da/ns 14/ 38
S.F. 632 to enter upon any public or private premises or conveyances 1 during regular business hours in order to have access to 2 a commercial fertilizers fertilizer or soil conditioners 3 beneficial substance subject to the provisions of this chapter 4 and the rules and regulations pertaining thereto including in 5 rules adopted by the department under this chapter . It shall 6 be the duty of the The secretary to shall maintain a laboratory 7 with the necessary equipment and to employ such employees 8 as may be necessary to aid assist in the administration and 9 enforcement of this chapter . 10 2. a. The methods of sampling and analysis shall be the 11 official methods of the association of official agricultural 12 chemists in all cases where methods have been adopted by the 13 association. 14 b. The findings of the state chemist or the state chemists 15 bureau chief of the Iowa laboratory bureau, or the bureau 16 chiefs deputy, as shown by the sworn statement of the results 17 of analysis of official samples of any brand and grade of 18 commercial fertilizer, fertilizer material , or soil conditioner 19 beneficial substance , shall constitute prima facie evidence of 20 their its correctness in the courts of this state, as to the 21 particular lots sampled and analyzed. 22 3. The secretary, in determining for administrative 23 purposes whether any commercial fertilizer is deficient in 24 plant food, or soil conditioner beneficial substance deficient 25 in guaranteed active ingredients, shall be guided by the 26 official sample as defined in section 200.3, subsection 18 23 , 27 and obtained and analyzed as provided for in subsection 2 of 28 this section . 29 4. The results of official analysis of any commercial 30 fertilizer or soil conditioner beneficial substance which 31 has been found to be in violation of any provision of this 32 chapter , shall be forwarded by the secretary to the registrant. 33 Upon request, the secretary shall furnish to the registrant a 34 portion of any sample. 35 -15- LSB 2803SZ (2) 91 da/ns 15/ 38
S.F. 632 Sec. 9. Section 200.11, Code 2025, is amended to read as 1 follows: 2 200.11 Filler material Item that is injurious or filler . 3 It shall be unlawful for any person to A person shall 4 not manufacture, offer for sale , or sell in this state, any 5 commercial fertilizer , or soil conditioner beneficial substance 6 containing any substance used as a filler item that is 7 injurious to crop growth or deleterious to the soil, or to use 8 in such commercial fertilizer , or soil conditioner beneficial 9 substance as a filler any substance item that contains inert or 10 useless plant food material for the purpose or with the effect 11 of deceiving or defrauding the purchaser. 12 Sec. 10. Section 200.12, Code 2025, is amended to read as 13 follows: 14 200.12 False or misleading statements. 15 A commercial fertilizer or soil conditioner beneficial 16 substance is misbranded if it does not identify substances 17 items promoting plant growth as defined in section 200.3, 18 subsection 11 , or if it carries any false or misleading 19 statement upon or attached to the container or stated on 20 the invoice or delivery ticket, or if the container or on 21 the invoice or delivery ticket or in any advertising matter 22 whatsoever connected with, accompanying , or associated with the 23 commercial fertilizer or soil conditioner beneficial substance . 24 Further, the burden of proof of the desirable effect of the 25 product commercial fertilizer or beneficial substance on plant 26 growth shall be the responsibility of the registrant. 27 Sec. 11. Section 200.14, Code 2025, is amended to read as 28 follows: 29 200.14 Rules. 30 1. a. The department may adopt rules pursuant to chapter 31 17A providing minimum general safety standards for the 32 design, construction, location, installation, and operation 33 of equipment for storage, handling, transportation by tank 34 truck or tank trailer, and utilization of fertilizers and soil 35 -16- LSB 2803SZ (2) 91 da/ns 16/ 38
S.F. 632 conditioners a fertilizer or beneficial substance . 1 b. The rules shall be such as are reasonably necessary 2 for the protection and safety of the public and persons using 3 fertilizers or soil conditioners a fertilizer or beneficial 4 substance , and shall be in substantial conformity with the 5 generally accepted standards of safety. 6 c. Fertilizer and soil conditioner or beneficial substance 7 equipment shall be installed and maintained in a safe 8 operating condition and in conformity with rules adopted by the 9 department. 10 2. The department may adopt such reasonable rules as may 11 be necessary in order to carry into effect the purpose, and to 12 secure the efficient administration, of this chapter . 13 3. This chapter does not prohibit the use of storage 14 tanks smaller than transporting tanks nor the transfer of all 15 kinds any kind of fertilizers fertilizer or soil conditioners 16 beneficial substance directly from transporting tanks to 17 implements of husbandry, if proper safety precautions are 18 observed. 19 4. Rules adopted to implement this chapter are not subject 20 to section 17A.7, subsection 2 or 3 . 21 Sec. 12. Section 200.15, Code 2025, is amended to read as 22 follows: 23 200.15 Refusal to register or cancellation of registration 24 and licenses. 25 1. Upon satisfactory evidence that the registrant or 26 licensee has used fraudulent or deceptive practices or has 27 willfully violated any provisions of this chapter or any 28 rules and regulations promulgated adopted under this chapter , 29 the secretary is authorized and empowered to do any of the 30 following: 31 a. Cancel the registration of any product of commercial 32 fertilizer or soil conditioner beneficial substance or license. 33 b. Refuse to register any product of commercial fertilizer 34 or soil conditioner beneficial substance . 35 -17- LSB 2803SZ (2) 91 da/ns 17/ 38
S.F. 632 c. Refuse to license any applicant. 1 2. However, a A registration or license shall not be revoked 2 or refused until the registrant or licensee has been given the 3 opportunity to appear for a hearing by the secretary. 4 Sec. 13. Section 200.16, Code 2025, is amended to read as 5 follows: 6 200.16 Stop sale orders. 7 The secretary may issue and enforce a written or printed 8 stop sale, use or removal order to the owner or custodian of 9 any lot of commercial fertilizer or soil conditioner beneficial 10 substance , if the secretary finds the commercial fertilizer 11 or soil conditioner beneficial substance is being offered or 12 exposed for sale in violation of any of the provisions of 13 this chapter or including any of the rules and regulations 14 promulgated rule adopted under this chapter . The secretary may 15 hold the commercial fertilizer or soil conditioner beneficial 16 substance at a designated place until the law has been complied 17 with and the commercial fertilizer or soil conditioner 18 beneficial substance is released in writing by the secretary, 19 or the violation has been otherwise legally disposed of by 20 written authority, and all costs and expenses incurred in 21 connection with the withdrawal have been paid. 22 Sec. 14. Section 200.17, Code 2025, is amended to read as 23 follows: 24 200.17 Seizure, condemnation, and sale. 25 Any lot of commercial fertilizer or soil conditioner 26 beneficial substance not in compliance with the provisions 27 of this chapter shall be subject to seizure on complaint of 28 the secretary to a court of competent jurisdiction in the 29 county or adjoining county in which the commercial fertilizer 30 or soil conditioner beneficial substance is located. In 31 the event the court finds the commercial fertilizer or soil 32 conditioner beneficial substance to be in violation of this 33 chapter and orders or an order for the condemnation of the 34 commercial fertilizer or soil conditioner beneficial substance , 35 -18- LSB 2803SZ (2) 91 da/ns 18/ 38
S.F. 632 it the commercial fertilizer or beneficial substance shall be 1 disposed of in any manner consistent with the quality of the 2 commercial fertilizer or soil conditioner beneficial substance 3 and the laws of the state. However, in no instance shall the 4 disposition of the commercial fertilizer or soil conditioner 5 beneficial substance shall not be ordered by the court without 6 first giving the claimant an opportunity to apply to the court 7 for release of the commercial fertilizer or soil conditioner 8 beneficial substance or for permission to reprocess or relabel 9 the commercial fertilizer or soil conditioner beneficial 10 substance to bring it into compliance with this chapter . 11 Sec. 15. Section 200.18, subsection 1, Code 2025, is amended 12 to read as follows: 13 1. If it shall appear from the examination of any commercial 14 fertilizer or soil conditioner beneficial substance or any 15 anhydrous ammonia installation, equipment, or operation that 16 any of the provisions a provision of this chapter or the rules 17 and regulations issued , including any rule adopted under this 18 chapter , have been violated, the secretary shall cause notice 19 of the violations to be given to the registrant, distributor, 20 or possessor from whom said sample was taken ; any . The person 21 so notified shall be given opportunity to be heard under such 22 rules and regulations as may be prescribed by the secretary. 23 If it appears after such hearing, either in the presence or 24 absence of the person so notified, that any of the provisions 25 provision of this chapter or rules and regulations issued , 26 including a rule adopted under this chapter have , has been 27 violated, the secretary may certify the facts to the proper 28 prosecuting attorney. 29 Sec. 16. Section 200.19, Code 2025, is amended to read as 30 follows: 31 200.19 Exchanges between manufacturers. 32 Nothing in this chapter shall be construed to restrict or 33 avoid sales or exchanges of commercial fertilizers or soil 34 conditioners beneficial substances to each other by importers, 35 -19- LSB 2803SZ (2) 91 da/ns 19/ 38
S.F. 632 manufacturers, or manipulators who mix fertilizer materials for 1 sale or as preventing the free and unrestricted shipments of 2 commercial fertilizer or soil conditioner to manufacturers or 3 manipulators who have registered their brands as required by 4 the provisions of this chapter . 5 Sec. 17. Section 200.20, subsection 2, Code 2025, is amended 6 to read as follows: 7 2. Subsection 1 shall does not apply to any of the 8 following: 9 a. A specialty fertilizer. 10 b. A fertilizer designed to be applied and ordinarily 11 applied directly to growing plant foliage to stimulate further 12 growth. 13 c. Compost materials to be applied on land, if any of the 14 following apply: 15 (1) The land is being used to produce an agricultural 16 commodity that is an organic agricultural product as provided 17 in chapter 190C , including rules adopted by the department 18 under that chapter. 19 (2) The land is in the transition of being used to produce 20 an agricultural commodity that is an organic agricultural 21 product, pursuant to rules adopted by the department as 22 provided in chapter 190C . 23 Sec. 18. Section 200.22, subsection 2, Code 2025, is amended 24 to read as follows: 25 2. The provisions of this chapter and rules adopted by 26 the department pursuant to this chapter shall preempt local 27 legislation adopted by a local governmental entity relating to 28 the use, sale, distribution, storage, transportation, disposal, 29 formulation, labeling, registration, or manufacture of a 30 fertilizer or soil conditioner beneficial substance . A local 31 governmental entity shall not adopt or continue in effect local 32 legislation relating to the use, sale, distribution, storage, 33 transportation, disposal, formulation, labeling, registration, 34 or manufacture of a fertilizer or soil conditioner beneficial 35 -20- LSB 2803SZ (2) 91 da/ns 20/ 38
S.F. 632 substance , regardless of whether a statute or rule adopted 1 by the department applies to preempt the local legislation. 2 Local legislation in violation of this section is void and 3 unenforceable. 4 Sec. 19. Section 200A.2, Code 2025, is amended to read as 5 follows: 6 200A.2 Purpose. 7 The purpose of this chapter is to regulate certain bulk 8 dry animal manure for use as a fertilizer or soil conditioner 9 beneficial substance , which is unmanipulated and therefore not 10 subject to regulation under chapter 200 . 11 Sec. 20. Section 202.1, subsection 12, Code 2025, is amended 12 to read as follows: 13 12. Produce means to do any of the following: 14 a. Provide feed or services relating to as part of the 15 livestocks care and feeding of livestock . If the livestock is 16 dairy cattle, produce includes milking the dairy cattle and 17 storing raw milk at the contract producers contract livestock 18 facility. 19 b. Provide for planting, raising, harvesting, and storing 20 a crop. Produce includes preparing the soil for planting 21 and nurturing the crop by the application of fertilizers a 22 fertilizer or soil conditioners beneficial substance as defined 23 in section 200.3 or pesticides a pesticide as defined in 24 section 206.2 . 25 Sec. 21. Section 206.12, subsection 1, paragraph a, Code 26 2025, is amended to read as follows: 27 a. For the purpose of this chapter , fertilizers a fertilizer 28 in a mixed fertilizer-pesticide formulations formulation or 29 a beneficial substance in a beneficial substance-pesticide 30 formulation shall be considered as an inert ingredients 31 ingredient . 32 Sec. 22. Section 321.1, subsection 1, Code 2025, is amended 33 to read as follows: 34 1. a. Agricultural hazardous material means a hazardous 35 -21- LSB 2803SZ (2) 91 da/ns 21/ 38
S.F. 632 material, other than hazardous waste, whose end use directly 1 supports the production of an agricultural commodity, 2 including , but not limited to , a fertilizer, pesticide, soil 3 conditioner beneficial substance , or fuel. 4 b. Agricultural hazardous material is limited to material 5 in class 3, 8, or 9, division 2.1, 2.2, 5.1, or 6.1, or an ORM-D 6 material as defined in 49 C.F.R. 171.8 . 7 Sec. 23. Section 403.17, subsection 3, Code 2025, is amended 8 to read as follows: 9 3. a. Agricultural land means real property owned by a 10 person in tracts of ten acres or more and not laid off into 11 lots of less than ten acres or divided by streets and alleys 12 into parcels of less than ten acres, and that has been used for 13 the production of agricultural commodities during three out 14 of the past five years. Such use of property includes, but 15 is not limited to, the raising, harvesting, handling, drying, 16 or storage of crops used for feed, food, seed, or fiber; the 17 care or feeding of livestock; the handling or transportation 18 of crops or livestock; the storage, treatment, or disposal of 19 livestock manure; and the application of fertilizers, soil 20 conditioners beneficial substances , pesticides, and herbicides 21 on crops. Agricultural land 22 b. Agricultural land includes land on which is located 23 farm residences or outbuildings used for agricultural purposes 24 and land on which is located facilities, structures, or 25 equipment for agricultural purposes. Agricultural land 26 c. Agricultural land includes land taken out of 27 agricultural production for purposes of environmental 28 protection or preservation. 29 Sec. 24. Section 455B.411, subsection 3, paragraph b, 30 subparagraph (1), Code 2025, is amended to read as follows: 31 (1) Agricultural wastes, including manures and crop 32 residues that are returned to the soil as fertilizers or soil 33 conditioners beneficial substances . 34 Sec. 25. Section 455E.11, subsection 2, paragraph b, 35 -22- LSB 2803SZ (2) 91 da/ns 22/ 38
S.F. 632 unnumbered paragraph 1, Code 2025, is amended to read as 1 follows: 2 An agriculture management account. Moneys collected from 3 the groundwater protection fee levied pursuant to section 4 200.8, subsection 4 3 , the portion of the fees collected 5 pursuant to section 206.8, subsection 2 , and section 206.12, 6 subsection 3 , and other moneys designated for the purpose of 7 agriculture management shall be deposited in the agriculture 8 management account. The agriculture management account shall 9 be used for the following purposes: 10 Sec. 26. Section 579B.1, subsection 14, paragraph b, Code 11 2025, is amended to read as follows: 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. 27. Section 716.11, subsection 2, Code 2025, is amended 19 to read as follows: 20 2. a. Critical infrastructure sabotage means an 21 unauthorized and overt act intended to cause and having the 22 means to cause, and in substantial furtherance of causing, a 23 substantial and widespread interruption or impairment of a 24 fundamental service rendered by the critical infrastructure. 25 However, critical infrastructure sabotage 26 b. Critical infrastructure sabotage does not include 27 an accidental interruption or impairment of service to the 28 critical infrastructure caused by a person in the performance 29 of the persons work duties or caused by a persons lawful 30 activity. In addition, critical infrastructure sabotage does 31 not include any condition or activity related to the production 32 of farm products as defined in section 554.9102 , including 33 but not limited to the discharge of agricultural stormwater; 34 the construction or use of soil or water quality conservation 35 -23- LSB 2803SZ (2) 91 da/ns 23/ 38
S.F. 632 practices or structures; the preparation of agricultural land 1 and the raising, harvesting, drying, or storage of agricultural 2 crops; the application of a fertilizer or beneficial substance 3 as defined in section 200.3 , pesticides a pesticide as defined 4 in section 206.2 , or manure as defined in section 459.102 ; the 5 installation and use of agricultural drainage tile and systems; 6 the construction, operation, or management of an animal feeding 7 operation as defined in section 459.102 ; and the care, feeding, 8 or watering of livestock. 9 PART B 10 APPLICATION OF PESTICIDES CERTIFICATION 11 Sec. 28. Section 206.5, subsection 7, paragraph b, 12 subparagraph (1), Code 2025, is amended to read as follows: 13 (1) The department shall may adopt by rule criteria for 14 allowing a person required to be certified to complete either 15 a written or oral examination. 16 DIVISION II 17 ANIMAL HEALTH 18 PART A 19 CONTROL OF INFECTIOUS OR CONTAGIOUS DISEASES AFFLICTING ANIMALS 20 Sec. 29. Section 163.1, subsection 1, Code 2025, is amended 21 by striking the subsection. 22 Sec. 30. Section 163.1, subsection 3, Code 2025, is amended 23 to read as follows: 24 3. Determine and employ the most efficient and practical 25 means for the identification and control of an infectious or 26 contagious disease afflicting animals that may threaten or 27 actually threatens animals in this state . 28 Sec. 31. NEW SECTION . 163.2B Rules. 29 1. The department shall adopt rules pursuant to chapter 17A 30 to administer and enforce this chapter. 31 2. If the department determines that rules described in 32 subsection 1 are required to be adopted and take effect on 33 an emergency basis to prevent or control the outbreak of an 34 infectious or contagious disease afflicting animals, the 35 -24- LSB 2803SZ (2) 91 da/ns 24/ 38
S.F. 632 department may adopt emergency rules under section 17A.4, 1 subsection 3, and section 17A.5, subsection 2, paragraph b , 2 to administer and enforce this chapter. The rules shall be 3 effective immediately upon filing unless a later date is 4 specified in the rules. Any rules adopted in accordance with 5 this subsection shall also be published as a notice of intended 6 action as provided in section 17A.4. 7 Sec. 32. CODE EDITOR DIRECTIVE. 8 1. The Code editor is directed to make the following 9 transfers: 10 a. Section 163.2A to section 163.3. 11 b. Section 163.2B to section 163.2A. 12 2. The Code editor shall correct internal references in the 13 Code and in any enacted legislation as necessary due to the 14 enactment of this section. 15 Sec. 33. DIRECTIONS TO CODE EDITOR. The Code editor is 16 directed to arrange the provisions of chapter 163, subchapter 17 I, parts 1 and 2, as amended or enacted in this division of this 18 Act, into the following parts: 19 1. Part 1, including sections 163.1 through 163.2A. 20 2. Part 2, including sections 163.3 through 163.5. 21 PART B 22 PRACTICE OF VETERINARY MEDICINE 23 Sec. 34. Section 169.5, subsection 9, Code 2025, is amended 24 to read as follows: 25 9. A person who provides veterinary medical services, 26 owns a veterinary clinic, or practices in this state shall 27 obtain a certificate from the board and be subject to the same 28 standards of conduct, as provided in this chapter and rules 29 adopted by the board, as apply to a licensed veterinarian, 30 unless the board determines that the same standards of 31 conduct are inapplicable. The board shall issue, renew, or 32 deny a certificate; adopt rules relating to the standards of 33 conduct; and take disciplinary action against the person, 34 including suspension or revocation of a certificate, in 35 -25- LSB 2803SZ (2) 91 da/ns 25/ 38
S.F. 632 accordance with the procedures established in section 169.14 . 1 Certification fees shall be established by the board pursuant 2 to subsection 7 , paragraph j . Fees Certification fees 3 shall be established in an amount sufficient to fully offset 4 the costs of certification pursuant to this subsection . F or 5 the fiscal year beginning July 1, 2001, and ending June 30, 6 2002, the department shall retain fees collected to administer 7 the program of certifying veterinary clinics and the fees 8 retained are appropriated to the department for the purposes 9 of this subsection . For the fiscal year beginning July 1, 10 2001, and ending June 30, 2002, notwithstanding section 8.33 , 11 fees which remain unexpended at the end of the fiscal year 12 shall not revert to the general fund of the state but shall be 13 available for use for the following fiscal year to administer 14 the program. For the fiscal year beginning July 1, 2002, and 15 succeeding fiscal years, certification Certification fees 16 shall be deposited in the general fund of the state and are 17 appropriated to the department to administer the certification 18 provisions of this subsection . This subsection shall not 19 apply to an animal shelter, as defined in section 162.2 , that 20 provides veterinary medical services to animals in the custody 21 of the shelter. 22 Sec. 35. Section 169.13, Code 2025, is amended to read as 23 follows: 24 169.13 Discipline of licensees. 25 1. The board of veterinary medicine, after due notice and 26 hearing, may revoke or suspend a license to practice veterinary 27 medicine take disciplinary action against a licensee if it 28 determines that a veterinarian licensed to practice veterinary 29 medicine is guilty of violating any of the following acts or 30 offenses: grounds for discipline in this section. 31 2. The board is authorized to discipline licensees in any 32 of the following ways: 33 a. Impose a civil penalty against the licensee in an amount 34 not to exceed ten thousand dollars. If the board imposes a 35 -26- LSB 2803SZ (2) 91 da/ns 26/ 38
S.F. 632 civil penalty, all of the following apply: 1 (1) The collection of the civil penalty may be enforced in 2 a civil action brought by the attorney general on behalf of the 3 board. 4 (2) Moneys collected in civil penalties shall be deposited 5 in the general fund of the state. 6 b. Revoke or suspend a license to practice veterinary 7 medicine. 8 3. Any of the following actions or offenses constitutes 9 grounds for discipline: 10 a. Knowingly making a misleading, deceptive, untrue, or 11 fraudulent representation in the practice of the profession. 12 b. Being convicted of a felony in the courts a court of 13 this state or another state, territory, or country. Conviction 14 as used in this paragraph includes a conviction of an offense 15 which if committed in this state would be deemed a felony 16 without regard to its designation elsewhere, or a criminal 17 proceeding in which a finding or verdict of guilt is made or 18 returned, but the adjudication or guilt is either withheld or 19 not entered. A certified copy of the final order or judgment 20 of conviction or plea of guilty in this state or in another 21 state is conclusive evidence. 22 c. Violating a statute or law of this state, another state, 23 or the United States, without regard to its designation as 24 either felony or misdemeanor, which if the statute or law 25 relates to the practice of veterinary medicine. 26 d. Having the persons license to practice veterinary 27 medicine revoked or suspended, or having other disciplinary 28 action taken by a licensing authority of another state, 29 territory, or country. A certified copy of the record or 30 order of the suspension, revocation, or disciplinary action is 31 conclusive or prima facie evidence. 32 e. Knowingly aiding, assisting, procuring, or advising a 33 person to unlawfully practice veterinary medicine. 34 f. Being adjudged mentally incompetent by a court of 35 -27- LSB 2803SZ (2) 91 da/ns 27/ 38
S.F. 632 competent jurisdiction. The adjudication shall automatically 1 suspend a license for the duration of the license unless the 2 board orders otherwise. 3 g. Being guilty of a willful or repeated departure from, or 4 the a failure to conform to, the minimal standard of acceptable 5 and prevailing practice of veterinary medicine as defined in 6 rules adopted by the board, in which proceeding actual injury 7 to an animal need not be established; or the committing by a 8 veterinarian of an act contrary to honesty, justice, or good 9 morals, whether the act is committed in the course of the 10 practice or otherwise, and whether committed within or without 11 this state. 12 h. Inability Demonstrating an inability to practice 13 veterinary medicine with reasonable skill and safety by reason 14 of illness, drunkenness, excessive use of drugs, narcotics, 15 chemicals, or other type of material or as a result of a mental 16 or physical condition. 17 i. Willful Having willfully or repeated violation of 18 repeatedly violated lawful rules adopted by the board or 19 violation of a lawful order of the board, previously entered by 20 the board in a disciplinary hearing. 21 2. 4. a. The board, upon probable cause, may compel a 22 veterinarian to submit to a mental or physical examination by 23 designated physicians. Failure of a veterinarian to submit to 24 an examination constitutes an admission to the allegations made 25 against that veterinarian and the finding of fact and decision 26 of the board may be entered without the taking of testimony 27 or presentation of evidence. At reasonable intervals, a 28 veterinarian shall be afforded an opportunity to demonstrate 29 that the veterinarian can resume the competent practice 30 of veterinary medicine with reasonable skill and safety to 31 animals. 32 b. A person licensed to practice veterinary medicine who 33 makes application applies for the renewal of the persons 34 license as required by section 169.12 gives consent to 35 -28- LSB 2803SZ (2) 91 da/ns 28/ 38
S.F. 632 submit to a mental or physical examination as provided by 1 this paragraph when directed in writing by the board. All 2 objections shall be waived as to the admissibility of the 3 examining physicians testimony or examination reports on 4 the grounds that they constitute privileged communication. 5 The medical testimony or examination reports shall not 6 be used against a veterinarian in another proceeding and 7 are confidential except for other actions filed against a 8 veterinarian to revoke or suspend that persons license. 9 PART C 10 COURT-ORDERED MANAGEMENT OF LIVESTOCK IN IMMEDIATE NEED OF 11 SUSTENANCE 12 Sec. 36. Section 717.4A, Code 2025, is amended to read as 13 follows: 14 717.4A Livestock in immediate need of sustenance livestock 15 remediation fund. 16 The department may utilize the moneys deposited into the 17 livestock remediation fund pursuant to section 459.501 to pay 18 for any expenses associated with providing sustenance to or 19 the disposition of the livestock pursuant to a court order 20 entered pursuant to section 717.3 or 717.5 . The department 21 shall utilize moneys from the fund only to the extent that the 22 department determines that expenses cannot be timely paid by 23 utilizing the available provisions of sections 717.4 and 717.5 . 24 The department shall deposit any unexpended and unobligated 25 moneys in the fund. The department shall pay to the fund the 26 proceeds from the disposition of the livestock and associated 27 products less expenses incurred by the department in providing 28 for the sustenance and disposition of the livestock, as 29 provided in section 717.5 If there are proceeds remaining after 30 the disposition of the livestock or associated products and 31 satisfaction of the departments expenses, and the department 32 has utilized moneys from the livestock remediation fund, the 33 department shall repay the fund from the proceeds . 34 Sec. 37. Section 717.5, subsection 1, Code 2025, is amended 35 -29- LSB 2803SZ (2) 91 da/ns 29/ 38
S.F. 632 by adding the following new paragraph: 1 NEW PARAGRAPH . d. If the court orders the disposition of 2 the livestock that involves the livestocks sale or transfer, 3 the order shall be deemed as occurring by a receiver appointed 4 pursuant to section 680.4. 5 Sec. 38. Section 717.5, subsection 3, Code 2025, is amended 6 by adding the following new paragraph: 7 NEW PARAGRAPH . d. If any moneys remain after satisfying the 8 costs of the local authority or department, such moneys shall 9 be distributed pursuant to the process and priorities contained 10 in chapter 680. 11 DIVISION III 12 AGRICULTURAL PROCESSING 13 Sec. 39. NEW SECTION . 189A.1A Objective. 14 1. It is the objective of this chapter to provide for meat 15 and poultry products inspection programs that will impose and 16 enforce requirements with respect to intrastate operations 17 and commerce that are at least equal to those imposed and 18 enforced under the federal Meat Inspection Act and the federal 19 Poultry Products Inspection Act with respect to operations and 20 transactions in interstate commerce. 21 2. The secretary is directed to administer this chapter 22 so as to accomplish this objective. The bureau chief of the 23 meat and poultry inspection bureau shall be designated as the 24 secretarys delegate to be the appropriate state official to 25 cooperate with the secretary of agriculture of the United 26 States in administration of this chapter. 27 Sec. 40. Section 189A.2, Code 2025, is amended by adding the 28 following new subsections: 29 NEW SUBSECTION . 5A. Department means the department of 30 agriculture and land stewardship. 31 NEW SUBSECTION . 29A. Secretary means the secretary of 32 agriculture. 33 Sec. 41. Section 189A.3, Code 2025, is amended to read as 34 follows: 35 -30- LSB 2803SZ (2) 91 da/ns 30/ 38
S.F. 632 189A.3 License fee. 1 1. a. A person shall not operate an establishment without 2 first obtaining a license from the department. 3 b. Paragraph a does not apply to any of the following: 4 (1) A food establishment as defined in section 137F.1 . 5 (2) A home food processing establishment as defined in 6 section 137D.1. 7 (2) (3) A person who slaughters, processes, or prepares 8 livestock or poultry of the persons own raising, exclusively 9 for the persons household, nonpaying guests, or nonpaying 10 employees. 11 2. a. The license fee for each establishment per year or 12 any part of a year shall be as follows : 13 a. (1) For all meat and poultry slaughtered or otherwise 14 prepared not exceeding twenty thousand pounds per year for 15 sale, resale, or custom, twenty-five fifty dollars. 16 b. (2) For all meat and poultry slaughtered or otherwise 17 prepared in excess of twenty thousand pounds per year for sale, 18 resale, or custom, fifty one hundred dollars. 19 b. A license fee collected by the department shall be 20 retained by the department as appropriated receipts for 21 administration of this chapter. 22 3. a. The moneys shall be deposited with the department. 23 The A license year shall be from July 1 to June 30 shall expire 24 on July 1 of each odd-numbered year . Applications 25 b. An application for licenses a license shall be in writing 26 on forms a form prescribed by the department. 27 4. It is the objective of this chapter to provide for meat 28 and poultry products inspection programs that will impose and 29 enforce requirements with respect to intrastate operations 30 and commerce that are at least equal to those imposed and 31 enforced under the federal Meat Inspection Act and the federal 32 Poultry Products Inspection Act with respect to operations 33 and transactions in interstate commerce; and the secretary 34 is directed to administer this chapter so as to accomplish 35 -31- LSB 2803SZ (2) 91 da/ns 31/ 38
S.F. 632 this purpose. A director of the meat and poultry inspection 1 service shall be designated as the secretarys delegate to be 2 the appropriate state official to cooperate with the secretary 3 of agriculture of the United States in administration of this 4 chapter . 5 Sec. 42. Section 189A.4, subsection 1, unnumbered paragraph 6 1, Code 2025, is amended to read as follows: 7 In order to accomplish the objectives objective of this 8 chapter , the secretary may exempt the following types of 9 operations from inspection: 10 Sec. 43. Section 189A.5, subsection 2, unnumbered paragraph 11 1, Code 2025, is amended to read as follows: 12 In order to accomplish the objectives objective stated 13 in section 189A.3 189A.1A, the secretary shall do any of the 14 following : 15 Sec. 44. Section 189A.7, unnumbered paragraph 1, Code 2025, 16 is amended to read as follows: 17 In order to accomplish the objective stated in section 18 189A.3 189A.1A, the secretary may do any of the following : 19 EXPLANATION 20 The inclusion of this explanation does not constitute agreement with 21 the explanations substance by the members of the general assembly. 22 GENERAL. This bill provides for the administration of a 23 number of programs and regulations relating to agriculture, 24 including crop production, and specifically the application of 25 soil inputs such as fertilizers and soil conditioners (Code 26 chapters 200 and 200A) and pesticides (Code chapter 206); 27 animal health, and specifically the control of infectious or 28 contagious diseases afflicting animals (Code chapter 163), the 29 practice of veterinary medicine (Code chapter 169), and the 30 court-ordered management of livestock in immediate need of 31 sustenance (Code chapter 717); and agricultural processing, and 32 specifically the slaughter and processing of meat and poultry 33 products (Code chapter 189A). 34 CROP PRODUCTION APPLICATION OF NUTRIENTS BACKGROUND. 35 -32- LSB 2803SZ (2) 91 da/ns 32/ 38
S.F. 632 The department of agriculture and land stewardship (DALS) 1 regulates the composition of soil inputs, including nutrients 2 such as fertilizers which are manufactured to achieve optimum 3 plant growth under the Iowa fertilizer law (Code section 4 200.1), which includes a number of definitions (Code section 5 200.3). DALS also regulates fertilizing material which is 6 a substance used to compound a fertilizer, and a commercial 7 fertilizer which refers to a fertilizer, fertilizing material, 8 and a fertilizer-pesticide mixture. A secondary input is 9 referred to as a soil conditioner which is a substance other 10 than a fertilizer that improves the condition or structure 11 of the soil and is also used to improve plant growth. DALS 12 licenses persons who manufacture, offer for sale, sell, or 13 distribute a fertilizer or soil conditioner. The person is 14 also subject to a license fee (Code section 200.4). Each brand 15 or grade of commercial fertilizer or soil conditioner must 16 be registered with DALS (Code section 200.5). A fertilizer 17 or soil conditioner is subject to label requirements (Code 18 section 200.6). DALS imposes an inspection fee upon a 19 licensee (Code section 200.8). DALS must sample, inspect, 20 make analysis of, and test a commercial fertilizer or soil 21 conditioner distributed within the state (Code section 200.10). 22 A person is prohibited from manufacturing, offering for sale, 23 or selling a commercial fertilizer or soil conditioner that 24 is injurious to crop growth or deleterious to the soil (Code 25 section 200.11). A person selling a commercial fertilizer 26 or soil conditioner must identify substances promoting 27 its use in a manner that is not deceptive (Code section 28 200.12). DALS must adopt rules regulating equipment used 29 in storing, handling, and transporting fertilizers and soil 30 conditioners (Code section 200.14). DALS is authorized to 31 take administrative action against a licensee or registrant 32 acting in violation of the law, including by canceling the 33 license or registration (Code section 200.15), issuing a stop 34 order (Code section 200.16), or seizing a commercial fertilizer 35 -33- LSB 2803SZ (2) 91 da/ns 33/ 38
S.F. 632 or soil conditioner (Code section 200.17). A county, city, 1 or other political subdivision is prohibited from passing or 2 enforcing local legislation that regulates the use, sale, 3 distribution, storage, transportation, disposal, formulation, 4 labeling, registration, or manufacture of a fertilizer or soil 5 conditioner (Code section 200.22). A person registering a 6 pesticide must account for formulations of a fertilizer (Code 7 section 206.12). A number of Code sections include a reference 8 to soil conditioners: the definition of agricultural land 9 for purposes of eminent domain (Code section 6A.21) and urban 10 renewal (Code section 403.17) each include such a reference. 11 A transportation regulation involving hazardous materials 12 includes soil conditioners (Code section 321.1). A commodity 13 production contract lien (Code section 579B.1) covers the use 14 of a soil conditioner. An exception to the criminal offense 15 of critical infrastructure sabotage includes the use of a soil 16 conditioner (Code section 716.11). 17 CROP PRODUCTION APPLICATION OF NUTRIENTS BILL. The 18 bill replaces the term soil conditioner with beneficial 19 substance, which is defined as a substance or compound that 20 is beneficial to one or more species of plants, soil, or 21 media. Beneficial substance includes a plant amendment, 22 plant biostimulant, plant inoculant, soil-amending ingredient, 23 soil-amending ingredient form, soil amendment, soil inoculant, 24 and compost. The bill changes references to the state chemist 25 to the bureau chief of the Iowa laboratory bureau (Code 26 sections 190C.22 and 200.10). 27 APPLICATION OF PESTICIDES CERTIFICATION BACKGROUND. 28 DALS is responsible for the administration and enforcement of 29 the Pesticide Act of Iowa (Code chapter 206), which in part 30 regulates the use of a pesticide by a commercial applicator, 31 public applicator, or private applicator (Code section 206.2). 32 Generally, a person acting as a commercial applicator or public 33 applicator must be certified to apply any pesticide, and a 34 person acting as a commercial applicator, public applicator, 35 -34- LSB 2803SZ (2) 91 da/ns 34/ 38
S.F. 632 or private applicator (e.g., a farmer) must be certified to 1 apply a restricted use pesticide (Code section 206.5). The 2 designation restricted use is determined by DALS (Code 3 section 206.20) and is generally based on a pesticide so 4 classified by the United States environmental protection agency 5 (40 C.F.R. 152.160 et seq.). DALS is required to administer 6 an educational program in cooperation with the Iowa cooperative 7 extension service in agriculture and home economics of Iowa 8 state university of science and technology. In order to be 9 certified, a person must participate in the educational program 10 by passing an examination for an initial certification and pass 11 an examination or attend instructional hours every three years 12 for the renewal of the certification (Code section 206.5). 13 APPLICATION OF PESTICIDES CERTIFICATION BILL. The 14 bill removes a requirement that DALS adopt by rule criteria 15 allowing a person required to be certified to complete either a 16 written or oral examination. The bill provides that DALS has 17 discretion to adopt such rules. 18 ANIMAL HEALTH CONTROL OF INFECTIOUS OR CONTAGIOUS 19 DISEASES AFFLICTING ANIMALS BACKGROUND. DALS is granted 20 authority to provide for the health of animals and specifically 21 the control of an infectious or contagious disease (disease) 22 afflicting livestock populations (Code chapter 163). The term 23 control refers to prevention, suppression, or eradication 24 efforts (Code section 163.2). 25 ANIMAL HEALTH CONTROL OF INFECTIOUS OR CONTAGIOUS 26 DISEASES AFFLICTING ANIMALS BILL. The bill provides that 27 DALS may determine and employ the most efficient and practical 28 means to identify and control a possible, imminent, or actual 29 threat to an animal population caused by a disease. 30 The bill provides that DALS may adopt any necessary rules 31 for the control of an infectious disease affecting animals 32 within the state by emergency rulemaking. When a statute 33 authorizes emergency rulemaking, an agency may adopt a rule 34 immediately without going through the periods of the rulemaking 35 -35- LSB 2803SZ (2) 91 da/ns 35/ 38
S.F. 632 process known as regulatory analysis (Code section 17A.4A) 1 and notice of intended action (Code section 17A.4(3)). The 2 bill requires that such emergency rulemaking be double 3 barreled. Under the process known as double-barreled 4 rulemaking, when an agency files an emergency rule, it also 5 files the same rule as a notice of intended action that will 6 follow the regular rulemaking process. Normally, a rule 7 cannot be effective prior to 35 days after its filing with the 8 administrative rules coordinator and publication in the Iowa 9 administrative bulletin. Under emergency rulemaking, a rule 10 can be made effective on the date of filing and acceptance 11 by the administrative rules coordinator or any subsequent 12 date, as specified by the agency in the filing (Code section 13 17A.5(2)(b)(1)). 14 ANIMAL HEALTH PRACTICE OF VETERINARY MEDICINE 15 BACKGROUND. Veterinarians are regulated by the board of 16 veterinary medicine (veterinary board) which is responsible 17 for licensing and imposing disciplinary action, including the 18 suspension or revocation of a license for cause following a 19 notice and hearing before the veterinary board. The basis for 20 disciplinary action includes making a false representation, 21 being convicted of a felony in Iowa or another jurisdiction, 22 violating a statute or law of Iowa or another jurisdiction, 23 being subject to disciplinary action in another state, 24 assisting in the unlawful practice of veterinary medicine, 25 being adjudged as mentally incompetent, failing to conform 26 with an acceptable practice of veterinary medicine, and being 27 unable to practice veterinary medicine with reasonable skill 28 and safety (amended Code section 169.13). 29 ANIMAL HEALTH PRACTICE OF VETERINARY MEDICINE BILL. 30 The bill provides that, in addition to imposing disciplinary 31 action, the veterinary board may assess a civil penalty. 32 The amount of the civil penalty cannot exceed $10,000 per 33 violation. The attorney general may initiate a claim to 34 collect a civil penalty and any amount collected must be 35 -36- LSB 2803SZ (2) 91 da/ns 36/ 38
S.F. 632 deposited in the general fund of the state. 1 ANIMAL HEALTH COURT-ORDERED MANAGEMENT OF LIVESTOCK 2 IN IMMEDIATE NEED OF SUSTENANCE BACKGROUND. DALS is 3 granted the authority to petition a court to conduct a hearing 4 regarding the condition of livestock. If the court determines 5 that the livestock are in immediate need of sustenance, it 6 must issue an order directing DALS to assume supervision of 7 the livestock (Code section 717.3). The order creates a 8 super-priority lien attached to the livestock, proceeds from 9 the sale of livestock, and any associated unmanufactured 10 products, for the benefit of DALS. DALS may also petition 11 a court to order the disposition of the specified livestock. 12 The proceeds from the sale of the livestock are to be used to 13 reimburse DALS according to the liens super-priority status. 14 DALS may also utilize moneys deposited in the livestock 15 remediation fund (remediation fund) (Code section 459.501) 16 to pay for costs of providing for sustenance to livestock as 17 provided in the court order (Code section 717.4A). 18 ANIMAL HEALTH COURT-ORDERED MANAGEMENT OF LIVESTOCK 19 IN IMMEDIATE NEED OF SUSTENANCE BILL. The bill rewrites 20 a provision requiring DALS to repay the remediation fund 21 any proceeds that DALS receives from the disposition of the 22 livestock less expenses in providing for the sustenance and 23 disposition. The bill provides that if the court orders the 24 disposition of the livestock, the order shall be deemed as 25 acting in response to a petition by a receiver appointed by a 26 court in Code chapter 680. 27 AGRICULTURAL PROCESSING SLAUGHTER AND PROCESSING OF MEAT 28 AND POULTRY PRODUCTS LICENSURE BILL. The bill provides 29 that a home food processing establishment licensed by the 30 department of inspections, appeals, and licensing is exempt 31 from DALS licensing requirements (Code chapter 137D). A home 32 food processing establishment refers to a residence in which 33 homemade food items are produced for sale, if consumption is 34 off premises and its business has gross annual sales of less 35 -37- LSB 2803SZ (2) 91 da/ns 37/ 38
S.F. 632 than $50,000 (Code section 137D.1). The bill also provides 1 that the term of a license issued by DALS to a slaughter and 2 processing establishment is extended to a two-year period (from 3 July 1, 2025, to June 30, 2027). The licensee fee is doubled 4 from $25 to $50 and from $50 to $100 to reflect the licenses 5 biennial term. DALS is required to prorate the license fee 6 for a new establishment. The bill makes various changes in 7 terminology to improve readability. 8 -38- LSB 2803SZ (2) 91 da/ns 38/ 38