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



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163 24 and place for all hearings on proposed rules, which request

163 25 shall be accompanied by a remittance of five dollars. Such

163 26 fee shall be added to the operating fund of the department.

163 27 The listing shall expire semiannually on January 1 and July 1.

163 28 Sec. 203. Section 163.30, subsections 4 through 7, Code

163 29 2009, are amended to read as follows:

163 30 4. a. All swine moved shall be individually identified

163 31 with a distinctive and easily discernible ear tag affixed in

163 32 either ear of the animal or other identification acceptable to

163 33 the department, which has been specified by rule promulgated

163 34 under the department's rulemaking authority. The department

163 35 shall make ear tags available at convenient locations within
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164 1 each county and shall sell such tags at a price not exceeding

164 2 the cost to producers and others to comply with this section.

164 3 b. Every seller, dealer and market operator shall keep a

164 4 record of the ear tag numbers, or other approved

164 5 identification, and the farm of origin of swine moved by or

164 6 through that person, which records shall be made available by

164 7 that person to any appropriate representative of the

164 8 department or the United States department of agriculture.

164 9 5. a. All swine moved shall be accompanied by a

164 10 certificate of veterinary inspection issued by the state of

164 11 origin and prepared and signed by a veterinarian. The

164 12 certificate shall show the point of origin, the point of

164 13 destination, individual identification, immunization status,

164 14 and, when required, any movement permit number assigned to the

164 15 shipment by the department. All such movement of swine shall

164 16 be completed within seventy=two hours unless an extension of

164 17 time for movement is granted by the department.

164 18 b. However, swine may be the requirements of paragraph "a"


164 19 do not apply as follows:

164 20 (1) Swine which are moved intrastate directly to an

164 21 approved state, federal, or auction market without such


164 22 identification or certification, there to be identified and

164 23 certificated, are excepted from the identification and



164 24 certification requirements.

164 25 c. However, registered Registered swine for exhibition or

164 26 breeding purposes which can be individually identified by an

164 27 ear notch or tattoo or other method approved by the department

164 28 are excepted from this the additional identification

164 29 requirement. In addition, native

164 30 d. Native Iowa swine moved from farm to farm shall be

164 31 excepted from the identification requirement if the owner

164 32 transferring possession of the feeder pigs executes a written

164 33 agreement with the person taking possession of the feeder

164 34 pigs. The agreement shall provide that the feeder pigs shall

164 35 not be commingled with other swine for a period of thirty


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165 1 days. The owner transferring possession shall be responsible

165 2 for making certain that the agreement is executed and for

165 3 providing a copy of the agreement to the person taking

165 4 possession.

165 5 6. The department may combine a certificate of veterinary

165 6 inspection with a certificate of inspection required under

165 7 chapter 166D.

165 8 6. 7. The department may require issuance of movement

165 9 permits on certain categories of swine moved, prior to their

165 10 movement, pursuant to departmental rule. The rule shall be

165 11 promulgated when in the judgment of the secretary, such

165 12 movements would otherwise threaten or imperil the eradication

165 13 of hog cholera in Iowa.

165 14 7. 7A. All swine moved shall be quarantined separate and

165 15 apart from other swine located at the Iowa farm of destination

165 16 for thirty days beginning with their arrival at such premises,

165 17 or if such incoming swine are not held separate and apart, all

165 18 swine on such premises shall be thus quarantined, except

165 19 animals moving from such premises directly to slaughter.

165 20 7B. There can only be one transfer by a dealer, involving

165 21 not more than two markets, prior to quarantine.

165 22 Sec. 204. Section 166D.7, subsection 2, Code 2009, is

165 23 amended to read as follows:

165 24 2. A monitored herd shall be initially certified,

165 25 recertified, and maintained as follows:

165 26 a. The herd shall be certified when a statistical sampling

165 27 of the herd is determined to be noninfected.

165 28 b. In order to remain certified the herd must be retested

165 29 and recertified as provided by the department. The herd must

165 30 be recertified annually. The herd shall be recertified when a

165 31 statistical sampling of the herd is determined to be

165 32 noninfected within twelve months from initial certification or

165 33 the most recent recertification.

165 34 c. A monitored herd shall not be certified or recertified,

165 35 if the herd is located within a county which is designated by
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166 1 the department as in stage II of the national pseudorabies

166 2 eradication program, unless the herd is vaccinated with a

166 3 modified=live differentiable vaccine pursuant to section

166 4 166D.11 and as required by the department.

166 5 c. d. A monitored herd may receive new swine into the

166 6 herd from a noninfected herd.

166 7 Sec. 205. Section 167.4, Code 2009, is amended to read as

166 8 follows:

166 9 167.4 LICENSING PROCEDURE == FEES.

166 10 1. The following shall apply to a person required to be

166 11 licensed under this chapter:

166 12 1. a. The person shall submit an application for a

166 13 license to the department in a manner and according to

166 14 procedures required by the department.

166 15 2. b. The person shall include in the application

166 16 information as required by the department, on forms prescribed

166 17 by the department, which shall include at least all of the

166 18 following:

166 19 a. (1) For a disposal plant, the person shall state the

166 20 person's name and address, the person's proposed place of

166 21 business, and the total number of vehicles to be involved in

166 22 the operation.

166 23 b. (2) For a collection point involving the accumulation

166 24 of whole animal carcasses or their parts for ultimate

166 25 transportation to a disposal plant, the person's name and

166 26 address, the person's proposed place of business, and the

166 27 total number of vehicles to be involved in the operation.

166 28 c. (3) For a delivery service which transports whole

166 29 animal carcasses or their parts to a disposal plant or

166 30 collection point, the person's name and address, the total

166 31 number of vehicles to be involved in the operation, and the

166 32 location where the vehicles involved in the operation are to

166 33 be maintained.

166 34 3. c. The person shall submit a separate application for

166 35 each location that the person is to operate as a disposal
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167 1 plant, collection point, or a delivery service.

167 2 4. d. The person shall submit pay a license fee as

167 3 follows:

167 4 a. (1) For a disposal plant, one hundred dollars.

167 5 b. (2) For a collection point, one hundred dollars.

167 6 However, a person is not required to pay the license fee for a

167 7 collection point which is operated by a disposal plant.

167 8 c. (3) For a delivery service which is not part of the

167 9 operation of a disposal plant or collection point, fifty

167 10 dollars.

167 11 5. e. A license issued to a person under this section

167 12 shall expire on December 31 of each year. The person may

167 13 renew the license by completing a renewal form as prescribed

167 14 by the department in a manner and according to procedures

167 15 required by the department. However, the renewal form must be

167 16 submitted to the department prior to the license's expiration

167 17 date. The person shall submit pay a renewal license fee which

167 18 shall be for the same amount as the original license fee.

167 19 Fees collected pursuant to this section shall be deposited


167 20 into the general fund of the state.

167 21 6. f. A person's license is subject to suspension or

167 22 revocation by the department if the department determines that

167 23 the person has committed a material violation of this chapter,

167 24 including rules adopted by this chapter, or a term or

167 25 condition of the license. The person may contest the

167 26 department's action as provided in chapter 17A.

167 27 2. Fees collected pursuant to this section shall be



167 28 deposited into the general fund of the state.

167 29 Sec. 206. Section 169.6, Code 2009, is amended to read as

167 30 follows:

167 31 169.6 DISCLOSURE OF CONFIDENTIAL INFORMATION.

167 32 1. A member of the board shall not disclose information

167 33 relating to the following:

167 34 1. a. Criminal history or prior misconduct of the

167 35 applicant.


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168 1 2. b. Information relating to the contents of the

168 2 examination.

168 3 3. c. Information relating to the examination results

168 4 other than final score except for information about the

168 5 results of an examination which is given to the person who

168 6 took the examination.

168 7 2. A member of the board who willfully communicates or

168 8 seeks to communicate such information in violation of


168 9 subsection 1, and any person who willfully requests, obtains,

168 10 or seeks to obtain such information, is guilty of a simple

168 11 misdemeanor for each separate offense.

168 12 Sec. 207. Section 191.2, subsections 2 and 7, Code 2009,

168 13 are amended to read as follows:

168 14 2. OLEOMARGARINE.

168 15 a. No person shall sell or offer for sale, colored oleo,

168 16 oleomargarine or margarine unless == such oleo, oleomargarine

168 17 or margarine is packaged; the net weight of the contents of

168 18 any package sold in a retail establishment is one pound or

168 19 less; there appears on the label of the package the word

168 20 "oleo", "oleomargarine" or "margarine" in type or lettering at

168 21 least as large as any other type or lettering on such label,

168 22 and a full and accurate statement of all the ingredients

168 23 contained in such oleo, oleomargarine or margarine; and each

168 24 part of the contents of the package is contained in a wrapper

168 25 which bears the word "oleo", "oleomargarine" or "margarine" in

168 26 type or lettering not smaller than twenty point type.

168 27 For the purposes of this chapter the term "oleo",

168 28 "oleomargarine" or "margarine" includes all substances,


168 29 mixtures and compounds known as oleo, oleomargarine or

168 30 margarine, and all substances, mixtures and compounds which

168 31 have a consistence similar to that of butter and which contain

168 32 any edible oils or fats other than milk fat if made in

168 33 imitation or semblance of butter. For the purposes of this

168 34 chapter colored oleo, oleomargarine or margarine is oleo,

168 35 oleomargarine or margarine to which any color has been added.
Senate File 449 - Introduced continued

169 1 b. Whenever coloring of any kind has been added it shall

169 2 be clearly stated on both inside wrapper and the outside

169 3 package. The ingredients of oleo, oleomargarine or margarine

169 4 shall be listed on both the inside wrapper and outside package

169 5 in the order of the amounts of ingredients in the package.

169 6 c. Such oleo, oleomargarine or margarine shall contain

169 7 vitamin "A" in such quantity that the finished oleo,

169 8 oleomargarine or margarine contains not less than fifteen

169 9 thousand United States Pharmacopoeia units of vitamin "A" per

169 10 pound, as determined by the method prescribed in the

169 11 Pharmacopoeia of the United States for the total biological

169 12 vitamin "A" activity.

169 13 7. a. Tanks transporting raw milk and milk products to a

169 14 milk plant from sources of supply not under the supervision of

169 15 the secretary or authorized municipal corporation are required

169 16 to be marked with the name and address of the milk plant or

169 17 hauler and shall be sealed; in addition, for each such

169 18 shipment, a shipping statement shall be prepared containing at

169 19 least the following information:

169 20 a. (1) Shipper's name, address, and permit number.

169 21 b. (2) Permit number of hauler, if not employee of

169 22 shipper.

169 23 c. (3) Point of origin of shipment.

169 24 d. (4) Tanker identity number.

169 25 e. (5) Name of product.

169 26 f. (6) Weight of product.

169 27 g. (7) Grade of product.

169 28 h. (8) Temperature of product.

169 29 i. (9) Date of shipment.

169 30 j. (10) Name of supervising health authority at the point

169 31 of origin.

169 32 k. (11) Whether the contents are raw, pasteurized, or

169 33 otherwise heat treated.

169 34 b. Such statement shall be prepared in triplicate and

169 35 shall be kept on file by the shipper, the consignee, and the

Senate File 449 - Introduced continued
170 1 carrier for a period of six months for the information of the

170 2 secretary.

170 3 Sec. 208. Section 191.4, Code 2009, is amended to read as

170 4 follows:

170 5 191.4 "PERSON" DEFINED DEFINITIONS.

170 6 1. "Oleo", "oleomargarine", or "margarine", for purposes



170 7 of this chapter, includes all substances, mixtures, and

170 8 compounds known as oleo, oleomargarine, or margarine, and all

170 9 substances, mixtures, and compounds which have a consistence

170 10 similar to that of butter and which contain any edible oils or

170 11 fats other than milk fat if made in imitation or semblance of

170 12 butter. For the purposes of this chapter, colored oleo,

170 13 oleomargarine, or margarine is oleo, oleomargarine, or

170 14 margarine to which any color has been added.

170 15 2. "Person" as used in this chapter and chapters 190 and

170 16 192 means any individual, plant operator, partnership,

170 17 corporation, company, firm, trustee, or association.

170 18 Sec. 209. Section 200.14, Code 2009, is amended to read as

170 19 follows:

170 20 200.14 RULES.

170 21 1. The secretary is authorized, after public hearing,

170 22 following due notice, to adopt rules setting forth minimum

170 23 general safety standards for the design, construction,

170 24 location, installation and operation of equipment for storage,

170 25 handling, transportation by tank truck or tank trailer, and

170 26 utilization of anhydrous ammonia.

170 27 a. The rules shall be such as are reasonably necessary for

170 28 the protection and safety of the public and persons using

170 29 anhydrous ammonia, and shall be in substantial conformity with

170 30 the generally accepted standards of safety.

170 31 b. It is hereby declared that rules Rules that are in

170 32 substantial conformity with the published standards of the

170 33 agricultural ammonia institute for the design, installation

170 34 and construction of containers and pertinent equipment for the

170 35 storage and handling of anhydrous ammonia, shall be deemed to

Senate File 449 - Introduced continued
171 1 be in substantial conformity with the generally accepted

171 2 standards of safety.

171 3 2. Anhydrous ammonia equipment shall be installed and

171 4 maintained in a safe operating condition and in conformity

171 5 with rules adopted by the secretary.

171 6 3. The secretary is hereby charged with the enforcement of

171 7 shall enforce this chapter, and, after due publicity and due

171 8 public hearing, is empowered to promulgate and may adopt such

171 9 reasonable rules as may be necessary in order to carry into

171 10 effect the purpose and intent and to secure the efficient



171 11 administration of this chapter or to secure the efficient

171 12 administration thereof.

171 13 4. Nothing in this This chapter shall does not prohibit

171 14 the use of storage tanks smaller than transporting tanks nor

171 15 the transfer of all kinds of fertilizer including anhydrous

171 16 ammonia directly from transporting tanks to implements of

171 17 husbandry, if proper safety precautions are observed.

171 18 Sec. 210. Section 203.12A, subsections 1, 2, and 9, Code

171 19 2009, are amended to read as follows:

171 20 1. a. As used in this section:

171 21 (1) "Grain dealer assets" includes proceeds received or


171 22 due a grain dealer upon the sale, including exchange,

171 23 collection, or other disposition, of grain sold by the grain

171 24 dealer. "Grain dealer assets" also includes any other funds

171 25 or property of the grain dealer which can be directly traced

171 26 as being from the sale of grain by the grain dealer, or which

171 27 were utilized in the business operation of the grain dealer.

171 28 (2) "Proceeds" means noncash and cash proceeds as defined



171 29 in section 554.9102.

171 30 b. A court, upon petition by an affected party, may order



171 31 that claimed grain dealer assets are not grain dealer assets

171 32 as defined in this section. The burden of proof shall be upon

171 33 the petitioner to establish that the assets are not grain

171 34 dealer assets as defined in this section.

171 35 2. A statutory lien is imposed on all grain dealer assets


Senate File 449 - Introduced continued

172 1 in favor of sellers who have surrendered warehouse receipts or

172 2 other written evidence of ownership as part of a grain sale

172 3 transaction or who possess written evidence of the sale of

172 4 grain to a grain dealer, without receiving full payment for

172 5 the grain.

172 6 2. "Grain dealer assets" includes proceeds received or due


172 7 a grain dealer upon the sale, including exchange, collection,

172 8 or other disposition, of grain sold by the grain dealer. As

172 9 used in this section, "proceeds" means noncash and cash

172 10 proceeds as defined in section 554.9102. "Grain dealer

172 11 assets" also includes any other funds or property of the grain

172 12 dealer which can be directly traced as being from the sale of

172 13 grain by the grain dealer, or which were utilized in the

172 14 business operation of the grain dealer. A court, upon

172 15 petition by an affected party, may order that claimed grain

172 16 dealer assets are not grain dealer assets as defined in this

172 17 section. The burden of proof shall be upon the petitioner to

172 18 establish that the assets are not grain dealer assets as

172 19 defined in this section.

172 20 9. a. The board may enforce the lien in the manner

172 21 provided in chapter 554, article 9, part 6, for the

172 22 enforcement of security interests. If, upon enforcement of

172 23 the lien, the lien amount is satisfied in full without

172 24 exhaustion of the grain dealer assets, the remaining assets

172 25 shall be returned to the grain dealer or, if there are

172 26 competing claims to those remaining assets by other creditors,

172 27 shall place those assets in the custody of the district court

172 28 and implead the known creditors.

172 29 b. For purposes of enforcement of the lien, the board is

172 30 deemed to be the secured party and the grain dealer is deemed

172 31 to be the debtor, and each has the respective rights and

172 32 duties of a secured party and a debtor as provided in chapter

172 33 554, article 9, part 6. If a right or duty under chapter 554,

172 34 article 9, part 6, is contingent upon the existence of express

172 35 language in a security agreement, or may be waived by express
Senate File 449 - Introduced continued
173 1 language in a security agreement, the requisite language is

173 2 deemed not to exist for purposes of enforcement of the lien

173 3 created by this section.

173 4 Sec. 211. Section 203.15, subsection 4, paragraph c, Code




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