General Assembly: 89 (2021 Regular GA) - Chapter 149 - Department of agriculture and land stewardship — powers, duties, programs, and regulated products and services


Published: 2021-06-08

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CHAPTER 149 DEPARTMENT OF AGRICULTURE AND LAND STEWARDSHIP — POWERS, DUTIES,

PROGRAMS, AND REGULATED PRODUCTS AND SERVICES

S.F. 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.

Be It Enacted by the General Assembly of the State of Iowa:

DIVISION I DEPARTMENTAL ORGANIZATION

Section 1. Section 159.5, subsection 7, Code 2021, is amended to read as follows: 7. Establish and maintain a marketing news service bureau in the department which

shall, in cooperation with the federal market news and grading division Cooperate with the agricultural marketing service of the United States department of agriculture, to collect and disseminate data and information relative to the market prices and conditions of agricultural products raised, produced, and handled in the state.

DIVISION II

FOREIGN ANIMAL DISEASE CONTROL

Sec. 2. Section 22.7, Code 2021, is amended by adding the following new subsection: NEW SUBSECTION. 39A. Information related to the registration and identification of

any premises where animals are kept as authorized pursuant to the foreign animal disease preparedness and response strategy as provided in section 163.3C.

Sec. 3. Section 163.3C, Code 2021, is amended by adding the following new subsection: NEW SUBSECTION. 3. a. In developing and establishing a foreign animal disease

preparedness and response strategy, the department may collect, maintain, and use information related to the registration and identification of any premises where animals are kept. The information may include but is not limited to all of the following: (1) The name, address, and contact information of an interested person. (2) The location of the premises where the animals are kept. (3) An identification number assigned to the premises where the animals are kept. b. The information described in paragraph “a” is a confidential record as provided in

section 22.7. Nothing in this subsection limits the department in acting as the lawful custodian of the confidential record from disclosing the record or any part of the record to another person if the department determines that such disclosure will assist in implementing, administering, or enforcing the foreign animal disease preparedness and response strategy.

DIVISION III COMMODITY PRODUCTION AND SALE

PART A FARM-TO-SCHOOL ACT

Sec. 4. Section 190A.1, Code 2021, is amended by striking the section and inserting in lieu thereof the following: 190A.1 Short title. This chapter shall be known and may be cited as the “Farm-to-School Act”.

Sec. 5. NEW SECTION. 190A.2 Definitions. As used in this chapter, unless the context otherwise requires: 1. “Department” means the department of agriculture and land stewardship.

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2. “Food animal” means an animal belonging to the bovine, caprine, ovine, or porcine species; a turkey, chicken, or other type of poultry; a farm deer as defined in section 170.1; a fish or other aquatic organism confined in private waters for human consumption; or a bee as defined in section 160.1A. 3. “Food commodity” means any of the following: a. A food animal that is to be slaughtered or harvested and that is to be processed into a

food product. b. An item regularly generated by a food animal, including milk, eggs, or honey, that has

been collected, and that is to be processed into a food product. c. Sap, whole nuts, or whole produce, including vegetables or fruit, that has been harvested

and that is to be processed into a food product. 4. “Food product”means a perishable or nonperishable product derived from processing a

food commodity to be fit for human consumption, including but not limited to cuts of meat, poultry, or fish; shelled aquatic items; pasteurized milk or dairy products; washed shelled eggs; honey; maple syrup; cleaned unshelled or shelled nuts; washed whole produce; and washed and cut produce. 5. “Fund” means the farm-to-school fund created in section 190A.5. 6. “Process” means to prepare a food commodity in a manner that allows it to be sold

to consumers as a food product, including by altering the form or identity of the food commodity; trimming, cutting, cleaning, drying, freezing, filtering, sorting, or shelling the food commodity; or packaging the food commodity. 7. “Program” means the farm-to-school program created in section 190A.6. 8. “School” means a public school or nonpublic school, as those terms are defined in

section 280.2, or that portion of a public school or nonpublic school that provides facilities for teaching any grade from kindergarten through grade twelve. 9. “School district” means a school district as described in chapter 274.

Sec. 6. NEW SECTION. 190A.5 Farm-to-school fund. 1. A farm-to-school fund is created in the state treasury under themanagement and control

of the department. 2. The fund shall include moneys appropriated to the fund by the general assembly. The

fund shall include any other moneys available to and obtained or accepted by the department, including moneys from public or private sources, to support the program. 3. Moneys in the fund are appropriated to support the program in a manner determined by

the department, including for reasonable administrative costs incurred by the department. However, the department shall not expend more than four percent of moneys existing at any one time in the fund during each fiscal year for purpose of paying costs associated with the administration of the program and fund incurred by the department during that fiscal year. Moneys expended from the fund shall not require further special authorization by the general assembly. 4. a. Notwithstanding section 12C.7, interest or earnings on moneys in the fund shall be

credited to the fund. b. Notwithstanding section 8.33, moneys credited to the fund that remain unencumbered

or unobligated at the close of a fiscal year shall not revert but shall remain available for expenditure for the purposes designated.

Sec. 7. NEW SECTION. 190A.6 Farm-to-school program. 1. A farm-to-school program is created. The program shall be controlled and administered

by the department. 2. The purpose of the program is to assist schools and school districts in purchasing food

products derived from food commodities produced on a farm. 3. The department shall reimburse a school or school district for expenditures incurred

by the school or school district during the school year in which the school or school district is participating in the program to purchase food products derived from food commodities produced on a farm. 4. A school or school district must apply each year to the department to participate in the

program according to rules adopted by the department pursuant to chapter 17A.

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5. To be eligible to participate in the program, a school or school district must purchase a food product directly from a farm source as follows: a. The farm source must be any of the following: (1) A farm where a food commodity is produced, if the food commodity is processed into

a food product on the farm for sale to a consumer. (2) A business premises that is directly shipped a food commodity from a farm, if the food

commodity is processed into a food product on the business premises for sale to a consumer. (3) A business premises that is directly shipped a food product from a farm, if the food

product is purchased for resale to a consumer or is distributed to a consumer on behalf of a farmer. b. The farm source must comply with all applicable laws regulating the sale of food. c. (1) Except as provided in subparagraph (2), the farm sourcemust be located in this state. (2) If the school district shares a border with another state, or the school is part of a school

district that shares a border with another state, the farm source may be located in the other state. However, the farm source must be located within thirty miles of the school district’s border with the other state and the department must approve the purchase. 6. The department shall require proof of purchase prior to reimbursing the school or school

district for the purchase of food products. 7. The department of agriculture and land stewardship may administer the program in

cooperation with the department of education and the participating school or school district in which a participating school is located. 8. a. The department shall reimburse a participating school or school district that submits

a claim as required by the department. The department shall pay the claim on a matching basis with the department contributing one dollar for every three dollars expended by the school or school district. However, a school or school district shall not receive more than one thousand dollars during any year in which it participates in the program. b. Notwithstanding paragraph “a”, if the department determines that there are sufficient

moneys in the fund to satisfy all claims that may be submitted by schools and school districts, the department shall provide for the distribution of the available moneys in a manner determined equitable by the department, which may include a prorated distribution to participating schools and school districts.

PART B FERTILIZERS AND SOIL CONDITIONERS

Sec. 8. Section 200.3, subsection 24, Code 2021, is amended by striking the subsection.

Sec. 9. Section 200.14, Code 2021, is amended to read as follows: 200.14 Rules. 1. a. The secretary is authorized, after public hearing, following due notice, to department

may adopt rules setting forth pursuant to chapter 17A providing minimum general safety standards for the design, construction, location, installation, and operation of equipment for storage, handling, transportation by tank truck or tank trailer, and utilization of anhydrous ammonia fertilizers and soil conditioners. a. b. The rules shall be such as are reasonably necessary for the protection and safety of

the public and persons using anhydrous ammonia fertilizers or soil conditioners, and shall be in substantial conformity with the generally accepted standards of safety. b. Rules that are in substantial conformity with the published standards of the agricultural

ammonia institute for the design, installation and construction of containers and pertinent equipment for the storage and handling of anhydrous ammonia, shall be deemed to be in substantial conformity with the generally accepted standards of safety. 2. c. Anhydrous ammonia Fertilizer and soil conditioner equipment shall be installed and

maintained in a safe operating condition and in conformitywith rules adopted by the secretary department. 3. 2. The secretary shall enforce this chapter and, after due publicity and due public

hearing, department may adopt such reasonable rules as may be necessary in order to carry into effect the purpose, and intent and to secure the efficient administration, of this chapter.

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4. 3. This chapter does not prohibit the use of storage tanks smaller than transporting tanks nor the transfer of all kinds of fertilizer including anhydrous ammonia fertilizers or soil conditioners directly from transporting tanks to implements of husbandry, if proper safety precautions are observed.

DIVISION IV WEIGHTS AND MEASURES

PART A GENERAL

Sec. 10. Section 214.1, Code 2021, is amended by adding the following new subsection: NEW SUBSECTION. 6. “Weighmaster” means a person who keeps and regularly uses a

commercial weighing and measuring device to accurately weigh objects for others as part of the person’s business operated on a profit, cooperative, or nonprofit basis.

Sec. 11. Section 214.3, subsection 1, Code 2021, is amended to read as follows: 1. The A license issued by the department for the inspection of a commercial weighing

and measuring device shall expire on December 31 of each year, and for a motor fuel pump on June 30 of each year. The amount of the fee due for each license shall be as provided in subsection 3, except that the fee for a motor fuel pump shall be four dollars and fifty cents if paid within one month from the date the license is due.

Sec. 12. Section 214.3, subsection 3, paragraph e, subparagraph (2), Code 2021, is amended to read as follows: (2) Retail motor fuel pump, nine four dollars and fifty cents.

Sec. 13. Section 214.4, subsection 1, unnumbered paragraph 1, Code 2021, is amended to read as follows: If the department does not receive payment of the license fee required pursuant to section

214.3 within one month from the due date, the department shall send deliver a notice to the owner or operator of the device. The notice shall be delivered by certified mail. The notice shall state all of the following:

Sec. 14. Section 214.6, Code 2021, is amended to read as follows: 214.6 Oath Duties of weighmasters weighmaster. All persons keeping a commercial weighing and measuring device, before entering

upon their duties as weighmasters, A weighmaster shall be sworn before some person having authority to administer oaths, to keep their ensure that a commercial weighing and measuring device is correctly balanced, to make true weights, and to shall render a correct account to the person having weighing done.

Sec. 15. Section 214.11, Code 2021, is amended to read as follows: 214.11 Inspections — recalibrations — penalty. 1. The department shall provide for annual inspections of all motor fuel pumps, including

but not limited to motor fuel blender pumps, licensed under this chapter. Inspections shall be for the purpose of determining the accuracy of the pumps’ measuring mechanisms, and for such and correctness of motor fuel pumps. For that purpose the department’s inspectors may enter upon the premises of any wholesale dealer or retail dealer, as they are defined in section 214A.1, of motor fuel or fuel oil within this state. 2. Upon completion of an inspection, the inspector shall affix the department’s seal to the

measuringmechanism of themotor fuel pump. The seal shall be appropriatelymarked, dated, and recorded by the inspector. If the owner of an inspected and sealed motor fuel pump is registered with the department as a servicer in accordance with section 215.23, or employs a person so registered as a servicer, the owner or other servicer may open the motor fuel pump, break the department’s seal, recalibrate the measuring mechanism if necessary, and reseal the motor fuel pump as long as the department is notified of the recalibration within forty-eight hours, on a form in a manner provided by the department.

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2. 3. A person violating a provision of this section is, upon conviction, guilty of a simple misdemeanor.

PART B MOTOR FUEL

Sec. 16. Section 214A.2A, subsection 1, Code 2021, is amended to read as follows: 1. Fuel which is sold or is kept, offered, or exposed for sale as kerosene shall be labeled

as kerosene. The label shall include the word “kerosene” and a or the designation as either “K1” or “K2” “K1 kerosene”, and shall indicate that the kerosene is in compliance with the standard specification adopted by A.S.T.M. international specification D3699 (1982).

Sec. 17. REPEAL. Section 214A.15, Code 2021, is repealed.

PART C INSPECTIONS

Sec. 18. Section 215.4, Code 2021, is amended to read as follows: 215.4 Tag for inaccurate or incorrect device — reinspection — license fee. A commercial weighing and measuring device found to be inaccurate or incorrect upon

inspection by the department shall be rejected or tagged “condemned until repaired” and the “licensed for commercial use” inspection sticker shall be removed. If notice is received by the department that the device has been repaired and upon reinspection the device is found to be accurate or correct, the a license fee shall not may be charged for the reinspection. However, a second license fee shall be charged if upon reinspection the device is found to be inaccurate. The device shall be tagged “condemned” and removed from service if a third reinspection fails.

Sec. 19. Section 215.7, Code 2021, is amended to read as follows: 215.7 Transactions by false weights or measures. 1. A person shall be deemed to have violated the provisions of this chapter and shall be

punished as provided in chapter 189, if the person does any of the following apply: 1. a. The person sells Sells, trades, delivers, charges for, or claims to have delivered to a

purchaser an amount of any commodity which is less in weight or measure than that which is asked for, agreed upon, claimed to have been delivered, or noted on the delivery ticket. 2. b. The person makes Makes a settlement for or enters a credit, based upon any false

weight or measurement, for any commodity purchased. 3. c. The person makes Makes a settlement for or enters a credit, based upon any false

weight or measurement, for any labor where the price of producing or mining is determined by weight or measure. 4. d. The person records Records a false weight or measurement upon the weight ticket or

book. 2. The department may adopt rules pursuant to chapter 17A that allow for reasonable

variations and exceptions for small packages. 3. A person who violates this section is guilty of a simple misdemeanor.

Sec. 20. Section 215.23, Code 2021, is amended to read as follows: 215.23 Servicer’s license. 1. A servicer shall not install, service, or repair a commercial weighing and measuring

device until the servicer has demonstrated that the servicer has available adequate testing equipment, and that the servicer possesses a working knowledge of all devices the servicer intends to install or repair and of all appropriate weights, measures, statutes, and rules, as evidenced by passing a qualifying examination to be conducted by the department and obtaining a license. The secretary of agriculture shall establish by rule pursuant to chapter 17A, requirements for and contents of the examination. The department may adopt rules pursuant to chapter 17A setting forth qualification requirements for persons applying for a servicer’s license, including an examination.

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2. In determining these a servicer’s qualifications, the secretary shall department may consider the specifications of the United States national institute of standards and technology, handbook 44, “Specifications, Tolerances, and Technical Requirements for Weighing and Measuring Devices”, or the current successor or equivalent specifications adopted by the United States national institute of standards and technology. 3. The secretary shall department may require an annual the payment of a license fee of

not more than five dollars for an amount established by rule for each license issued under this section. 4. Each A license shall expire one year two years from its date of issuance.

Sec. 21. REPEAL. Sections 215.3 and 215.8, Code 2021, are repealed.

DIVISION V FARM FOOD STUDY

Sec. 22. FARM-TO-TABLE TASK FORCE. 1. The Iowa cooperative extension service in agriculture and home economics of Iowa state

university of science and technology, in cooperation with the department of agriculture and land stewardship, shall establish a farm-to-table task force. 2. The purpose of the task force is to recommend how institutional purchasers, including

schools, may be provided with long-term practical options to routinely acquire fresh food derived from locally or regionally produced and processed farm commodities, includingmeat, poultry, fish, and dairy products; eggs; vegetables; fruits; nuts; and honey. 3. The task force shall consider methods to do all of the following: a. Improve direct farmer to consumer transactions. b. Better integrate existing public and private procurement and nutritional programs,

including but not limited to the farm-to-school program as provided in chapter 190A; the from farm to food donation tax credit as provided in chapter 190B, subchapter I; the Iowa emergency food purchase program as provided in chapter 190B, subchapter II; and the local food and farm program as provided in chapter 267A. 4. a. The task force shall be jointly chaired by the vice president for extension and

outreach of Iowa state university of science and technology, or a designee; and the secretary of agriculture, or a designee. The chairpersons of the task force shall appoint remaining voting members to serve on the task force. b. The Iowa cooperative extension service in agriculture and home economics shall provide

meeting rooms, materials, and staffing services for the task force. 5. The task force shall prepare and submit a report to the governor and general assembly

not later than December 10, 2021. The report shall include findings and recommendations, including any proposed legislation, and a suggested timeline for implementation of the task force’s recommendations. 6. This section is repealed December 11, 2021.

Approved June 8, 2021

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