Iowa General Assembly Daily Bills, Amendments & Study Bills March 17, 2009



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161 7 c. The secretary shall distribute, upon request, copies of

161 8 the prescribed standard form to veterinarians, marketing

161 9 agencies, carriers, law enforcement officers, and other

161 10 persons, and may collect a fee from the recipient totaling not

161 11 more than the cost of printing and postage. Nothing in this

161 12 chapter shall be construed to prohibit a person from causing

161 13 the reproduction of the standard form, and an accurate

161 14 reproduction of a standard current form may be used as a

161 15 transportation certificate for all purposes.

161 16 Sec. 205. Section 176A.10, Code 2009, is amended to read

161 17 as follows:

161 18 176A.10 COUNTY AGRICULTURAL EXTENSION EDUCATION TAX.

161 19 1. The extension council of each extension district shall,

161 20 at a meeting held before March 15, estimate the amount of

161 21 money required to be raised by taxation for financing the

161 22 county agricultural extension education program authorized in

161 23 this chapter. The annual tax levy and the amount of money to

161 24 be raised from the levy for the county agricultural extension

161 25 education fund shall not exceed the following:

161 26 1. a. (1) Except as provided in paragraph "b"

161 27 subparagraph (2), for an extension district having a

161 28 population of less than thirty thousand, an annual levy of

161 29 twenty and one=fourth cents per thousand dollars of the

161 30 assessed valuation of the taxable property in the district up

161 31 to a maximum of seventy thousand dollars for the fiscal year

161 32 commencing July 1, 1985, and seventy=five thousand dollars for

161 33 each subsequent fiscal year.

161 34 b. (2) For an extension district having a population of

161 35 less than thirty thousand and as provided in subsection 6 2,
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162 1 an annual levy of thirty cents per thousand dollars of the

162 2 assessed valuation of the taxable property in the district up

162 3 to a maximum of eighty=seven thousand dollars payable during

162 4 the fiscal year commencing July 1, 1992, and an increase of

162 5 six thousand dollars in the amount payable during each

162 6 subsequent fiscal year.

162 7 2. a. b. (1) Except as provided in paragraph "b"

162 8 subparagraph (2), for an extension district having a

162 9 population of thirty thousand or more but less than fifty

162 10 thousand, an annual levy of twenty and one=fourth cents per

162 11 thousand dollars of the assessed valuation of the taxable

162 12 property in the district up to a maximum of eighty=four

162 13 thousand dollars for the fiscal year commencing July 1, 1985,

162 14 and ninety thousand dollars for each subsequent fiscal year.

162 15 b. (2) For an extension district having a population of

162 16 thirty thousand or more but less than fifty thousand and as

162 17 provided in subsection 6 2, an annual levy of twenty and

162 18 one=fourth cents per thousand dollars of the assessed

162 19 valuation of the taxable property in the district up to a

162 20 maximum of one hundred four thousand dollars payable during

162 21 the fiscal year commencing July 1, 1992, and an increase of

162 22 seven thousand dollars in the amount payable during each

162 23 subsequent fiscal year.

162 24 3. a. c. (1) Except as provided in paragraph "b"

162 25 subparagraph (2), for an extension district having a

162 26 population of fifty thousand or more but less than ninety=five

162 27 thousand, an annual levy of thirteen and one=half cents per

162 28 thousand dollars of the assessed valuation of the taxable

162 29 property in the district up to a maximum of one hundred five

162 30 thousand dollars for the fiscal year commencing July 1, 1985,

162 31 and one hundred twelve thousand five hundred dollars for each

162 32 subsequent fiscal year.

162 33 b. (2) For an extension district having a population of

162 34 fifty thousand or more but less than ninety thousand and as

162 35 provided in subsection 6 2, an annual levy of thirteen and
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163 1 one=half cents per thousand dollars of the assessed valuation

163 2 of the taxable property in the district up to a maximum of one

163 3 hundred thirty thousand five hundred dollars payable during

163 4 the fiscal year commencing July 1, 1992, and an increase of

163 5 nine thousand dollars in the amount payable during each

163 6 subsequent fiscal year.

163 7 4. a. d. (1) Except as provided in paragraph "b"

163 8 subparagraph (2), for an extension district having a

163 9 population of ninety=five thousand or more, an annual levy of

163 10 thirteen and one=half cents per thousand dollars of the

163 11 assessed valuation of the taxable property in the district up

163 12 to a maximum of one hundred forty thousand dollars for the

163 13 fiscal year commencing July 1, 1985, and one hundred fifty

163 14 thousand dollars for each subsequent fiscal year.

163 15 b. (2) For an extension district having a population of

163 16 ninety thousand or more but less than two hundred thousand and

163 17 as provided in subsection 6 2, an annual levy of thirteen and

163 18 one=half cents per thousand dollars of the assessed valuation

163 19 of the taxable property in the district up to a maximum of one

163 20 hundred eighty thousand dollars payable during the fiscal year

163 21 commencing July 1, 1992, and an increase of fifteen thousand

163 22 dollars in the amount payable during each subsequent fiscal

163 23 year.

163 24 5. e. For an extension district having a population of

163 25 two hundred thousand or more and as provided in subsection 6

163 26 2, an annual levy of five cents per thousand dollars of the

163 27 assessed valuation of the taxable property in the district up

163 28 to a maximum of two hundred thousand dollars payable during

163 29 the fiscal year commencing July 1, 1992, and an increase of

163 30 twenty=five thousand dollars in the amount payable during each

163 31 subsequent fiscal year.

163 32 6. 2. An extension council of an extension district may

163 33 choose to be subject to the levy and revenue limits specified

163 34 in paragraphs "b" of subsections 1, 2, 3, and 4 subparagraphs


163 35 (2) of subsection 1, paragraphs "a" through "d", and
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164 1 subsection 5 1, paragraph "e", for the purpose of the annual

164 2 levy for the fiscal year commencing July 1, 1991, which levy

164 3 is payable in the fiscal year beginning July 1, 1992. Before

164 4 an extension district may be subject to the levy and revenue

164 5 limits specified in paragraphs "b" of subsections 1, 2, 3, and

164 6 4 subparagraphs (2) of subsection 1, paragraphs "a" through

164 7 "d", and subsection 5 1, paragraph "e", for fiscal years

164 8 beginning on or after July 1, 1992, which levy is payable in

164 9 fiscal years beginning on or after July 1, 1993, the question

164 10 of whether the district shall be subject to the levy and

164 11 revenue limits as specified in such subsections must be

164 12 submitted to the registered voters of the district. The

164 13 question shall be submitted at the time of a state general

164 14 election. If the question is approved by a majority of those

164 15 voting on the question the levy and revenue limits specified

164 16 in paragraphs "b" of subsections 1, 2, 3, and 4 subparagraphs


164 17 (2) of subsection 1, paragraphs "a" through "d", and

164 18 subsection 5 1, paragraph "e", shall thereafter apply to the

164 19 extension district. The question need only be approved at one

164 20 state general election. If a majority of those voting on the

164 21 question vote against the question, the district may continue

164 22 to submit the question at subsequent state general elections

164 23 until approved.

164 24 3. The extension council in each extension district shall

164 25 comply with chapter 24.

164 26 Sec. 206. Section 189A.5, Code 2009, is amended to read as

164 27 follows:

164 28 189A.5 VETERINARIANS AND INSPECTORS.

164 29 1. The secretary shall administer this chapter and may

164 30 appoint a person to act as the secretary's designee in the

164 31 administration of this chapter.

164 32 a. The secretary shall employ veterinarians licensed in

164 33 the state of Iowa as veterinary inspectors.

164 34 b. The secretary is also authorized to employ as meat

164 35 inspectors other persons who have qualified and are skilled in
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165 1 the inspection of meat and poultry products and any other

165 2 additional employees the secretary deems necessary to carry

165 3 out the provisions of this chapter. The meat inspectors shall

165 4 be under the supervision of the secretary's designee or a

165 5 veterinary inspector if no designee is appointed.

165 6 c. The secretary may also enter into contracts with

165 7 qualified individuals to perform inspection services as the

165 8 secretary may designate for a fee per head or per unit volume

165 9 to be determined by the secretary provided the persons are not

165 10 employed in an establishment in which the inspection takes

165 11 place.

165 12 d. The secretary may utilize any employee, agent, or

165 13 equipment of the department in the enforcement of this

165 14 chapter, and may assign to inspectors other duties related to

165 15 the acceptance of meat and poultry products.

165 16 2. In order to accomplish the objectives stated in section

165 17 189A.3 the secretary shall:

165 18 1. a. By regulations require antemortem and postmortem

165 19 inspections, quarantine, segregation, and reinspections with

165 20 respect to the slaughter of livestock and poultry and the

165 21 preparation of livestock products and poultry products at all

165 22 establishments in this state, except those exempted by section

165 23 189A.4, at which livestock or poultry are slaughtered or

165 24 livestock or poultry products are prepared for human food

165 25 solely for distribution in intrastate commerce.

165 26 2. b. By regulations require the identification of

165 27 livestock and poultry for inspection purposes and the marking

165 28 and labeling of livestock products or poultry products or

165 29 their containers, or both, as "Iowa Inspected and Passed" if

165 30 the products are found upon inspection to be not adulterated,

165 31 and as "Iowa Inspected and Condemned" if they are found upon

165 32 inspection to be adulterated; and the destruction for food

165 33 purposes of all such condemned products under the supervision

165 34 of an inspector.

165 35 3. c. Prohibit the entry into official establishments of
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166 1 livestock products and poultry products not prepared under

166 2 federal inspection or inspection pursuant to this chapter and

166 3 further limit the entry of such articles and other materials

166 4 into such establishments under such conditions as the

166 5 secretary deems necessary to effectuate the purposes of this

166 6 chapter.

166 7 4. d. By regulations require that when livestock products

166 8 and poultry products leave official establishments they shall

166 9 bear directly thereon or on their containers, or both, all

166 10 information required by subsection 17 of section 189A.2; and

166 11 require approval of all labeling and containers to be used for

166 12 such products when sold or transported in intrastate commerce

166 13 to assure that they comply with the requirements of this

166 14 chapter.

166 15 5. e. Investigate the sanitary conditions of each

166 16 establishment within subsection 1 paragraph "a" of this

166 17 section subsection and withdraw or otherwise refuse to provide

166 18 inspection service at any such establishment where the

166 19 sanitary conditions are such as to render adulterated any

166 20 livestock products or poultry products prepared or handled

166 21 thereat.

166 22 6. f. Prescribe regulations relating to sanitation for

166 23 all establishments required to have inspection under

166 24 subsection 1 paragraph "a" of this section subsection.

166 25 7. g. By regulations require that both of the following

166 26 classes of persons shall keep such records and for such

166 27 periods as are specified in the regulations to fully and

166 28 correctly disclose all transactions involved in their

166 29 business, and to afford the secretary and the secretary's

166 30 representatives, including representatives of other

166 31 governmental agencies designated by the secretary, access to

166 32 such places of business, and opportunity at all reasonable

166 33 times to examine the facilities, inventory, and records

166 34 thereof, to copy the records, and to take reasonable samples

166 35 of the inventory upon payment of the fair market value
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167 1 therefor:

167 2 a. (1) Any person that engages in or for intrastate

167 3 commerce in the business of slaughtering any livestock or

167 4 poultry, or preparing, freezing, packaging or labeling, buying

167 5 or selling, as a broker, wholesaler, or otherwise,

167 6 transporting, or storing any livestock products or poultry

167 7 products for human or animal food.

167 8 b. (2) Any person that engages in or for intrastate

167 9 commerce in business as a renderer or in the business of

167 10 buying, selling, or transporting any dead, dying, disabled, or

167 11 diseased livestock or poultry or parts of the carcasses of any

167 12 such animals, including poultry, that died otherwise than by

167 13 slaughter.

167 14 Sec. 207. Section 189A.7, subsections 1 and 8, Code 2009,

167 15 are amended to read as follows:

167 16 1. Remove inspectors from any establishment that fails to

167 17 destroy condemned products as required under section 189A.5,

167 18 subsection 2, paragraph "b".

167 19 8. Adopt by reference or otherwise such provisions of the

167 20 rules and regulations under the federal Acts, with such

167 21 changes therein as the secretary deems appropriate to make

167 22 them applicable to operations and transactions subject to this

167 23 chapter, which shall have the same force and effect as if

167 24 promulgated under this chapter, and promulgate such other

167 25 rules and regulations as the secretary deems necessary for the

167 26 efficient execution of the provisions of this chapter,

167 27 including rules of practice providing opportunity for hearing

167 28 in connection with issuance of orders under section 189A.5,

167 29 subsection 5 2, paragraph "e", and subsection 1, 2, or 3 of

167 30 this section and prescribing procedures for proceedings in

167 31 such cases; however, this shall not preclude a requirement

167 32 that a label or container be withheld from use, or a refusal

167 33 of inspection pursuant to the sections cited herein pending

167 34 issuance of a final order in any such proceeding.

167 35 Sec. 208. Section 189A.10, subsection 3, Code 2009, is
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168 1 amended to read as follows:

168 2 3. No person shall violate any provision of the

168 3 regulations or orders of the secretary under section 189A.5,

168 4 subsection 7 2, paragraph "g", or section 189A.7.

168 5 Sec. 209. Section 189A.17, subsection 5, Code 2009, is

168 6 amended to read as follows:

168 7 5. a. Any person who neglects or refuses to attend and

168 8 testify or to answer any lawful inquiry, or to produce

168 9 documentary evidence, if it is in the person's power to do so,

168 10 in obedience to the subpoena or lawful requirement of the

168 11 secretary shall be guilty of a serious misdemeanor.

168 12 b. Any person who willfully makes, or causes to be made,

168 13 any false entry or statement of fact in any report required to

168 14 be made under this chapter, or who willfully makes, or causes

168 15 to be made, any false entry in any account, record, or

168 16 memorandum kept by any person subject to this chapter, or who

168 17 willfully neglects or fails to make or to cause to be made,

168 18 full, true, and correct entries in such accounts, records, or

168 19 memoranda, of all facts and transactions pertaining to the

168 20 business of such person, or who willfully leaves the

168 21 jurisdiction of this state, or willfully mutilates, alters, or

168 22 by any other means falsifies any documentary evidence of any

168 23 person subject to this chapter or who willfully refuses to

168 24 submit to the secretary or to any of the secretary's

168 25 authorized agents, for the purpose of inspection and taking

168 26 copies, any documentary evidence of any person subject to this

168 27 chapter in the person's possession or control, shall be deemed

168 28 guilty of an aggravated misdemeanor.

168 29 c. If a person required by this chapter to file an annual

168 30 or special report fails to do so within the time fixed by the

168 31 secretary for filing it, and the failure continues for thirty

168 32 days after notice of default, the person shall forfeit to this

168 33 state the sum of one hundred dollars for each day of the

168 34 continuance of the failure, which forfeiture is payable into

168 35 the treasury of this state, and is recoverable in a civil suit
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169 1 in the name of the state brought in the district court of the

169 2 county where the person has a principal office or in the

169 3 district court of any county in which the person does

169 4 business. The county attorneys shall prosecute for the

169 5 recovery of such forfeitures.

169 6 d. Any officer or employee of this state who makes public

169 7 any information obtained by the secretary, without the

169 8 secretary's authority, unless directed by a court, or uses any

169 9 such information to the officer's or employee's advantage,

169 10 shall be deemed guilty of a serious misdemeanor.

169 11 6. The requirements of this chapter shall apply to

169 12 persons, establishments, animals, and articles regulated under

169 13 the federal Meat Inspection Act or the federal Poultry

169 14 Products Inspection Act to the extent provided for in said

169 15 federal Acts and also to the extent provided in this chapter

169 16 and in regulations the secretary may prescribe to promulgate

169 17 this chapter.

169 18 Sec. 210. Section 198.9, Code 2009, is amended to read as

169 19 follows:

169 20 198.9 INSPECTION FEES AND REPORTS.

169 21 1. a. An inspection fee to be fixed annually by the

169 22 secretary at a rate of not more than sixteen cents per ton,

169 23 shall be paid on commercial feed distributed in this state by

169 24 the person who first distributes the commercial feed, subject

169 25 to the following:

169 26 a. (1) The inspection fee is not required on the first

169 27 distribution, if made to a qualified buyer who, with approval

169 28 from the secretary, shall become responsible for the fee.

169 29 b. (2) A fee shall not be paid on a commercial feed if

169 30 the payment has been made by a previous distributor.

169 31 c. (3) A fee shall not be paid on customer=formula feeds

169 32 if the inspection fee is paid on the commercial feeds which

169 33 are used as components of the customer=formula feeds.

169 34 d. (4) A minimum semiannual fee shall be twenty dollars.

169 35 e. (5) A licensed manufacturer shall pay the inspection
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170 1 fee on commercial feed that is fed to livestock owned by the

170 2 licensee.

170 3 b. In the case of a pet food or specialty pet food, which

170 4 is distributed in this state in packages of ten pounds or

170 5 less, each product shall be registered and an annual

170 6 registration fee of fifty dollars for each product shall be

170 7 paid by January 1 of each year in lieu of the per ton rate as

170 8 provided in this subsection. The inspection fee shall apply

170 9 to those same products distributed in packages of more than

170 10 ten pounds.

170 11 2. a. Each person who is liable for the payment of such

170 12 fee shall:

170 13 a. (1) File, not later than the last day of January and

170 14 July of each year, a semiannual statement, setting forth the

170 15 number of net tons of commercial feeds distributed in this

170 16 state during the preceding six months and upon filing the

170 17 statement shall pay the inspection fee at the rate stated in

170 18 subsection 1. Inspection fees which are due and owing and

170 19 have not been remitted to the secretary within fifteen days

170 20 following the due date shall have a delinquency fee of ten

170 21 percent of the amount due or fifty dollars, whichever is

170 22 greater, added to the amount due when payment is finally made.

170 23 The assessment of this delinquency fee does not prevent the

170 24 department from taking other actions as provided in this




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