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House
File
2727
-
Introduced
HOUSE
FILE
2727
BY
TUREK
A
BILL
FOR
An
Act
providing
for
the
reporting
of
certain
information
1
relating
to
the
sale
of
fertilizers,
providing
penalties,
2
making
penalties
applicable,
and
including
effective
date
3
provisions.
4
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
5
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Section
1.
NEW
SECTION
.
200.5A
Report
——
pricing
1
information.
2
1.
If
a
manufacturer
is
required
to
be
licensed
under
3
section
200.4
and
sells
a
brand
of
fertilizer
required
to
be
4
registered
pursuant
section
200.5
on
a
wholesale
or
retail
5
basis
to
a
customer
in
this
state,
the
manufacturer
shall
6
report
to
the
department
each
month
pricing
information,
as
7
required
by
the
department.
The
pricing
information
must
at
8
least
include
all
of
the
following:
9
a.
(1)
The
current
price
per
ton
paid
by
the
manufacturer
10
for
each
active
ingredient
used
to
manufacture
each
named
11
registered
brand
of
fertilizer
sold
in
this
state.
12
(2)
For
purposes
of
subparagraph
(1),
an
active
ingredient
13
includes
the
minimum
percentage
of
plant
nutrients
as
stated
on
14
the
brand’s
label
in
the
form
of
a
guaranteed
analysis.
15
b.
The
total
quantity
of
each
named
registered
brand
of
16
fertilizer
sold
by
the
manufacturer
to
all
customers
in
this
17
state
and
the
total
quantity
of
all
named
registered
brands
18
of
fertilizers
sold
by
the
licensee
to
all
customers
in
this
19
state.
20
c.
The
lowest
and
highest
price
for
each
named
registered
21
brand
sold
by
the
manufacturer
to
customers
in
this
state.
22
d.
The
terms
of
any
agreement
entered
into
by
the
licensee
23
and
a
customer
for
the
discounted
sale
price
of
each
named
24
registered
brand
of
fertilizer
sold
in
this
state.
25
2.
a.
A
manufacturer
who
violates
subsection
1
is
subject
26
to
a
civil
penalty
that
may
be
administratively
imposed,
27
assessed,
and
collected
by
the
department
acting
in
cooperation
28
with
the
attorney
general.
29
b.
The
department
shall
establish
by
rule
a
schedule
30
of
civil
penalties
to
be
imposed
upon
a
manufacturer
that
31
is
determined
to
have
violated
subsection
1.
The
schedule
32
shall
provide
procedures
and
criteria
for
the
administrative
33
assessment
of
penalties.
In
adopting
the
schedule,
the
34
department
shall
consider
among
other
factors
determined
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relevant
by
the
department
all
of
the
following:
1
(1)
The
total
volume
of
registered
brands
of
fertilizers
2
that
the
manufacturer
sells
in
this
state.
3
(2)
The
costs
saved
or
likely
to
be
saved
by
the
4
manufacturer
in
not
complying
with
subsection
1.
5
(3)
The
gravity
of
the
manufacturer’s
violation
of
6
subsection
1.
7
(4)
The
degree
of
the
manufacturer’s
willfulness
in
8
violating
subsection
1.
9
c.
The
department
shall
impose
a
civil
penalty
under
this
10
subsection
of
not
more
than
fifty
thousand
dollars
for
each
11
violation
of
subsection
1.
Each
day
that
a
violation
continues
12
shall
be
considered
a
separate
offense.
13
Sec.
2.
ADMINISTRATIVE
RULES.
The
department
may
adopt
14
emergency
rules
under
section
17A.4,
subsection
3,
and
section
15
17A.5,
subsection
2,
paragraph
“b”,
to
administer
this
Act
and
16
the
rules
shall
be
effective
immediately
upon
filing
unless
17
a
later
date
is
specified
in
the
rules.
Any
rules
adopted
18
in
accordance
with
this
section
shall
also
be
published
as
a
19
notice
of
intended
action
as
provided
in
section
17A.4.
20
Sec.
3.
EFFECTIVE
DATE.
This
Act,
being
deemed
of
immediate
21
importance,
takes
effect
upon
enactment.
22
EXPLANATION
23
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
24
the
explanation’s
substance
by
the
members
of
the
general
assembly.
25
BACKGROUND
——
GENERAL.
The
department
of
agriculture
and
26
land
stewardship
(DALS)
regulates
the
composition
of
soil
27
inputs,
including
nutrients
such
as
fertilizers
that
are
28
manufactured
to
achieve
optimum
plant
growth,
under
the
Iowa
29
fertilizer
law
(Code
section
200.1).
DALS
issues
licenses
to
30
persons
who
manufacture,
offer
for
sale,
sell,
or
distribute
31
a
fertilizer
(Code
section
200.4).
Each
brand
of
commercial
32
fertilizer
must
be
registered
with
DALS
(Code
section
200.5).
33
A
fertilizer
is
subject
to
label
requirements
(Code
section
34
200.6),
which
include
a
guaranteed
analysis,
which
is
the
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minimum
percentage
of
plant
nutrients.
DALS
is
authorized
to
1
adopt
rules
under
the
Iowa
administrative
procedure
Act
(IAPA)
2
in
order
to
administer
Code
chapter
200.
3
BACKGROUND
——
APPLICABLE
PENALTIES.
DALS
is
authorized
4
to
take
administrative
action
against
a
licensee
acting
in
5
violation
of
the
law,
including
by
canceling
the
license
(Code
6
section
200.15),
issuing
a
stop
order
(Code
section
200.16),
7
or
seizing
a
fertilizer
(Code
section
200.17).
A
person
that
8
violates
Code
chapter
200
or
rules
adopted
by
DALS
pursuant
to
9
that
Code
chapter
is
guilty
of
a
simple
misdemeanor.
A
simple
10
misdemeanor
is
punishable
by
confinement
for
no
more
than
30
11
days
and
a
fine
of
at
least
$105
but
not
more
than
$855.
12
BILL’S
PROVISIONS
——
GENERAL.
This
bill
provides
that
a
13
fertilizer
manufacturer
that
sells
a
registered
brand
to
a
14
customer
in
this
state
must
submit
a
monthly
report
to
DALS
15
stating
pricing
information
regarding
the
active
ingredients
16
used
to
manufacture
each
brand,
the
total
quantity
of
each
17
brand
and
the
total
quantity
of
all
brands,
the
lowest
18
and
highest
price
for
each
brand,
and
the
terms
of
any
19
agreement
entered
into
by
the
licensee
and
a
customer
for
the
20
discounted
sale
of
a
brand.
A
manufacturer
that
violates
21
the
bill’s
provisions
is
subject
to
a
civil
penalty
that
may
22
be
administratively
imposed,
assessed,
and
collected
by
DALS
23
acting
in
cooperation
with
the
attorney
general.
DALS
is
24
required
to
establish
by
rule
a
schedule
of
civil
penalties
25
to
be
imposed
upon
a
manufacturer
that
is
determined
to
have
26
violated
the
provisions
of
the
bill.
A
manufacturer
is
subject
27
to
a
civil
penalty
of
not
more
than
$50,000
for
each
day
that
28
a
violation
continues.
29
BILL’S
PROVISIONS
——
ADMINISTRATIVE
RULES
AND
EFFECTIVE
30
DATE.
The
bill
authorizes
DALS
to
adopt
rules
under
the
IAPA
31
under
its
emergency
(double-barreled)
rulemaking
provisions
to
32
administer
the
bill.
The
bill’s
provisions
take
effect
upon
33
enactment.
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