Senate File 578 - Enrolled
Senate File 578
AN ACT
RELATING TO THE POWERS AND DUTIES OF THE DEPARTMENT OF
AGRICULTURE AND LAND STEWARDSHIP, INCLUDING BY PROVIDING FOR
ADMINISTRATION, PROGRAMS, AND REGULATIONS, PROVIDING FEES,
PROVIDING PENALTIES, AND MAKING PENALTIES APPLICABLE.
5 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 DIVISION I
2 DEPARTMENTAL ORGANIZATION
3 Section 1. Section 159.5, subsection 7, Code 2021, is
4 amended to read as follows:
5 7. Establish and maintain a marketing news service bureau
6 in the department which shall, in cooperation with the
7 federal market news and grading division Cooperate with the
8 agricultural marketing service of the United States department
9 of agriculture, to collect and disseminate data and information
10 relative to the market prices and conditions of agricultural
11 products raised, produced, and handled in the state.
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12 DIVISION II
13 FOREIGN ANIMAL DISEASE CONTROL
14 Sec. 2. Section 22.7, Code 2021, is amended by adding the
15 following new subsection:
16 NEW SUBSECTION. 39A. Information related to the
17 registration and identification of any premises where animals
18 are kept as authorized pursuant to the foreign animal disease
19 preparedness and response strategy as provided in section
20 163.3C.
21 Sec. 3. Section 163.3C, Code 2021, is amended by adding the
22 following new subsection:
23 NEW SUBSECTION. 3. a. In developing and establishing a
24 foreign animal disease preparedness and response strategy, the
25 department may collect, maintain, and use information related
26 to the registration and identification of any premises where
27 animals are kept. The information may include but is not
28 limited to all of the following:
29 (1) The name, address, and contact information of an
30 interested person.
31 (2) The location of the premises where the animals are kept.
32 (3) An identification number assigned to the premises where
33 the animals are kept.
34 b. The information described in paragraph “a” is a
35 confidential record as provided in section 22.7. Nothing
1 in this subsection limits the department in acting as the
2 lawful custodian of the confidential record from disclosing
3 the record or any part of the record to another person if the
4 department determines that such disclosure will assist in
5 implementing, administering, or enforcing the foreign animal
6 disease preparedness and response strategy.
7 DIVISION III
8 COMMODITY PRODUCTION AND SALE
9 PART A
10 FARM-TO-SCHOOL ACT
11 Sec. 4. Section 190A.1, Code 2021, is amended by striking
12 the section and inserting in lieu thereof the following:
13 190A.1 Short title.
14 This chapter shall be known and may be cited as the
15 “Farm-to-School Act”.
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16 Sec. 5. NEW SECTION. 190A.2 Definitions.
17 As used in this chapter, unless the context otherwise
18 requires:
19 1. “Department” means the department of agriculture and land
20 stewardship.
21 2. “Food animal” means an animal belonging to the bovine,
22 caprine, ovine, or porcine species; a turkey, chicken, or other
23 type of poultry; a farm deer as defined in section 170.1; a
24 fish or other aquatic organism confined in private waters for
25 human consumption; or a bee as defined in section 160.1A.
26 3. “Food commodity” means any of the following:
27 a. A food animal that is to be slaughtered or harvested and
28 that is to be processed into a food product.
29 b. An item regularly generated by a food animal, including
30 milk, eggs, or honey, that has been collected, and that is to
31 be processed into a food product.
32 c. Sap, whole nuts, or whole produce, including vegetables
33 or fruit, that has been harvested and that is to be processed
34 into a food product.
35 4. “Food product” means a perishable or nonperishable
1 product derived from processing a food commodity to be fit
2 for human consumption, including but not limited to cuts of
3 meat, poultry, or fish; shelled aquatic items; pasteurized milk
4 or dairy products; washed shelled eggs; honey; maple syrup;
5 cleaned unshelled or shelled nuts; washed whole produce; and
6 washed and cut produce.
7 5. “Fund” means the farm-to-school fund created in section
8 190A.5.
9 6. “Process” means to prepare a food commodity in a manner
10 that allows it to be sold to consumers as a food product,
11 including by altering the form or identity of the food
12 commodity; trimming, cutting, cleaning, drying, freezing,
13 filtering, sorting, or shelling the food commodity; or
14 packaging the food commodity.
15 7. “Program” means the farm-to-school program created in
16 section 190A.6.
17 8. “School” means a public school or nonpublic school, as
18 those terms are defined in section 280.2, or that portion of a
19 public school or nonpublic school that provides facilities for
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20 teaching any grade from kindergarten through grade twelve.
21 9. “School district” means a school district as described
22 in chapter 274.
23 Sec. 6. NEW SECTION. 190A.5 Farm-to-school fund.
24 1. A farm-to-school fund is created in the state treasury
25 under the management and control of the department.
26 2. The fund shall include moneys appropriated to the fund
27 by the general assembly. The fund shall include any other
28 moneys available to and obtained or accepted by the department,
29 including moneys from public or private sources, to support the
30 program.
31 3. Moneys in the fund are appropriated to support the
32 program in a manner determined by the department, including for
33 reasonable administrative costs incurred by the department.
34 However, the department shall not expend more than four
35 percent of moneys existing at any one time in the fund during
1 each fiscal year for purpose of paying costs associated with
2 the administration of the program and fund incurred by the
3 department during that fiscal year. Moneys expended from the
4 fund shall not require further special authorization by the
5 general assembly.
6 4. a. Notwithstanding section 12C.7, interest or earnings
7 on moneys in the fund shall be credited to the fund.
8 b. Notwithstanding section 8.33, moneys credited to the
9 fund that remain unencumbered or unobligated at the close of
10 a fiscal year shall not revert but shall remain available for
11 expenditure for the purposes designated.
12 Sec. 7. NEW SECTION. 190A.6 Farm-to-school program.
13 1. A farm-to-school program is created. The program shall
14 be controlled and administered by the department.
15 2. The purpose of the program is to assist schools and
16 school districts in purchasing food products derived from food
17 commodities produced on a farm.
18 3. The department shall reimburse a school or school
19 district for expenditures incurred by the school or school
20 district during the school year in which the school or school
21 district is participating in the program to purchase food
22 products derived from food commodities produced on a farm.
23 4. A school or school district must apply each year to the
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24 department to participate in the program according to rules
25 adopted by the department pursuant to chapter 17A.
26 5. To be eligible to participate in the program, a school or
27 school district must purchase a food product directly from a
28 farm source as follows:
29 a. The farm source must be any of the following:
30 (1) A farm where a food commodity is produced, if the food
31 commodity is processed into a food product on the farm for sale
32 to a consumer.
33 (2) A business premises that is directly shipped a food
34 commodity from a farm, if the food commodity is processed into
35 a food product on the business premises for sale to a consumer.
1 (3) A business premises that is directly shipped a food
2 product from a farm, if the food product is purchased for
3 resale to a consumer or is distributed to a consumer on behalf
4 of a farmer.
5 b. The farm source must comply with all applicable laws
6 regulating the sale of food.
7 c. (1) Except as provided in subparagraph (2), the farm
8 source must be located in this state.
9 (2) If the school district shares a border with another
10 state, or the school is part of a school district that shares
11 a border with another state, the farm source may be located
12 in the other state. However, the farm source must be located
13 within thirty miles of the school district’s border with the
14 other state and the department must approve the purchase.
15 6. The department shall require proof of purchase prior to
16 reimbursing the school or school district for the purchase of
17 food products.
18 7. The department of agriculture and land stewardship may
19 administer the program in cooperation with the department of
20 education and the participating school or school district in
21 which a participating school is located.
22 8. a. The department shall reimburse a participating
23 school or school district that submits a claim as required
24 by the department. The department shall pay the claim on a
25 matching basis with the department contributing one dollar
26 for every three dollars expended by the school or school
27 district. However, a school or school district shall not
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28 receive more than one thousand dollars during any year in which
29 it participates in the program.
30 b. Notwithstanding paragraph “a”, if the department
31 determines that there are sufficient moneys in the fund to
32 satisfy all claims that may be submitted by schools and school
33 districts, the department shall provide for the distribution
34 of the available moneys in a manner determined equitable by
35 the department, which may include a prorated distribution to
1 participating schools and school districts.
2 PART B
3 FERTILIZERS AND SOIL CONDITIONERS
4 Sec. 8. Section 200.3, subsection 24, Code 2021, is amended
5 by striking the subsection.
6 Sec. 9. Section 200.14, Code 2021, is amended to read as
7 follows:
8 200.14 Rules.
9 1. a. The secretary is authorized, after public hearing,
10 following due notice, to department may adopt rules setting
11 forth pursuant to chapter 17A providing minimum general
12 safety standards for the design, construction, location,
13 installation, and operation of equipment for storage, handling,
14 transportation by tank truck or tank trailer, and utilization
15 of anhydrous ammonia fertilizers and soil conditioners.
16 a. b. The rules shall be such as are reasonably necessary
17 for the protection and safety of the public and persons using
18 anhydrous ammonia fertilizers or soil conditioners, and shall
19 be in substantial conformity with the generally accepted
20 standards of safety.
21 b. Rules that are in substantial conformity with the
22 published standards of the agricultural ammonia institute for
23 the design, installation and construction of containers and
24 pertinent equipment for the storage and handling of anhydrous
25 ammonia, shall be deemed to be in substantial conformity with
26 the generally accepted standards of safety.
27 2. c. Anhydrous ammonia Fertilizer and soil conditioner
28 equipment shall be installed and maintained in a safe operating
29 condition and in conformity with rules adopted by the secretary
30 department.
31 3. 2. The secretary shall enforce this chapter and, after
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32 due publicity and due public hearing, department may adopt
33 such reasonable rules as may be necessary in order to carry
34 into effect the purpose, and intent and to secure the efficient
35 administration, of this chapter.
1 4. 3. This chapter does not prohibit the use of storage
2 tanks smaller than transporting tanks nor the transfer of all
3 kinds of fertilizer including anhydrous ammonia fertilizers
4 or soil conditioners directly from transporting tanks to
5 implements of husbandry, if proper safety precautions are
6 observed.
7 DIVISION IV
8 WEIGHTS AND MEASURES
9 PART A
10 GENERAL
11 Sec. 10. Section 214.1, Code 2021, is amended by adding the
12 following new subsection:
13 NEW SUBSECTION. 6. “Weighmaster” means a person who keeps
14 and regularly uses a commercial weighing and measuring device
15 to accurately weigh objects for others as part of the person’s
16 business operated on a profit, cooperative, or nonprofit basis.
17 Sec. 11. Section 214.3, subsection 1, Code 2021, is amended
18 to read as follows:
19 1. The A license issued by the department for the inspection
20 of a commercial weighing and measuring device shall expire on
21 December 31 of each year, and for a motor fuel pump on June 30
22 of each year. The amount of the fee due for each license shall
23 be as provided in subsection 3, except that the fee for a motor
24 fuel pump shall be four dollars and fifty cents if paid within
25 one month from the date the license is due.
26 Sec. 12. Section 214.3, subsection 3, paragraph e,
27 subparagraph (2), Code 2021, is amended to read as follows:
28 (2) Retail motor fuel pump, nine four dollars and fifty
29 cents.
30 Sec. 13. Section 214.4, subsection 1, unnumbered paragraph
31 1, Code 2021, is amended to read as follows:
32 If the department does not receive payment of the license
33 fee required pursuant to section 214.3 within one month from
34 the due date, the department shall send deliver a notice to
35 the owner or operator of the device. The notice shall be
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1 delivered by certified mail. The notice shall state all of the
2 following:
3 Sec. 14. Section 214.6, Code 2021, is amended to read as
4 follows:
5 214.6 Oath Duties of weighmasters weighmaster.
6 All persons keeping a commercial weighing and measuring
7 device, before entering upon their duties as weighmasters, A
8 weighmaster shall be sworn before some person having authority
9 to administer oaths, to keep their ensure that a commercial
10 weighing and measuring device is correctly balanced, to make
11 true weights, and to shall render a correct account to the
12 person having weighing done.
13 Sec. 15. Section 214.11, Code 2021, is amended to read as
14 follows:
15 214.11 Inspections —— recalibrations —— penalty.
16 1. The department shall provide for annual inspections
17 of all motor fuel pumps, including but not limited to motor
18 fuel blender pumps, licensed under this chapter. Inspections
19 shall be for the purpose of determining the accuracy of the
20 pumps’ measuring mechanisms, and for such and correctness of
21 motor fuel pumps. For that purpose the department’s inspectors
22 may enter upon the premises of any wholesale dealer or retail
23 dealer, as they are defined in section 214A.1, of motor fuel
24 or fuel oil within this state.
25 2. Upon completion of an inspection, the inspector shall
26 affix the department’s seal to the measuring mechanism of the
27 motor fuel pump. The seal shall be appropriately marked,
28 dated, and recorded by the inspector. If the owner of an
29 inspected and sealed motor fuel pump is registered with the
30 department as a servicer in accordance with section 215.23,
31 or employs a person so registered as a servicer, the owner
32 or other servicer may open the motor fuel pump, break the
33 department’s seal, recalibrate the measuring mechanism if
34 necessary, and reseal the motor fuel pump as long as the
35 department is notified of the recalibration within forty-eight
1 hours, on a form in a manner provided by the department.
2 2. 3. A person violating a provision of this section is,
3 upon conviction, guilty of a simple misdemeanor.
4 PART B
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5 MOTOR FUEL
6 Sec. 16. Section 214A.2A, subsection 1, Code 2021, is
7 amended to read as follows:
8 1. Fuel which is sold or is kept, offered, or exposed for
9 sale as kerosene shall be labeled as kerosene. The label
10 shall include the word “kerosene” and a or the designation as
11 either “K1” or “K2” “K1 kerosene”, and shall indicate that
12 the kerosene is in compliance with the standard specification
13 adopted by A.S.T.M. international specification D3699 (1982).
14 Sec. 17. REPEAL. Section 214A.15, Code 2021, is repealed.
15 PART C
16 INSPECTIONS
17 Sec. 18. Section 215.4, Code 2021, is ame