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House
File
998
-
Introduced
HOUSE
FILE
998
BY
COMMITTEE
ON
WAYS
AND
MEANS
(SUCCESSOR
TO
HF
799)
(SUCCESSOR
TO
HSB
143)
A
BILL
FOR
An
Act
providing
for
programs
and
regulations
related
to
1
agriculture,
including
crop
production,
animal
health,
and
2
agricultural
processing,
providing
for
powers
and
duties
3
of
the
department
of
agriculture
and
land
stewardship,
4
providing
fees,
and
providing
penalties.
5
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
6
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DIVISION
I
1
CROP
PRODUCTION
2
PART
A
3
APPLICATION
OF
NUTRIENTS
4
Section
1.
Section
6A.21,
subsection
1,
paragraph
b,
Code
5
2025,
is
amended
to
read
as
follows:
6
b.
(1)
“Agricultural
land”
means
real
property
owned
by
7
a
person
in
tracts
of
ten
acres
or
more
and
not
laid
off
into
8
lots
of
less
than
ten
acres
or
divided
by
streets
and
alleys
9
into
parcels
of
less
than
ten
acres,
and
that
has
been
used
for
10
the
production
of
agricultural
commodities
during
three
out
11
of
the
past
five
years.
Such
use
of
property
includes
,
but
12
is
not
limited
to
,
the
raising,
harvesting,
handling,
drying,
13
or
storage
of
crops
used
for
feed,
food,
seed,
or
fiber;
the
14
care
or
feeding
of
livestock;
the
handling
or
transportation
15
of
crops
or
livestock;
the
storage,
treatment,
or
disposal
of
16
livestock
manure;
and
the
application
of
fertilizers,
soil
17
conditioners
beneficial
substances
,
pesticides,
and
herbicides
18
on
crops.
Agricultural
land
19
(2)
“Agricultural
land”
includes
land
on
which
is
located
20
farm
residences
or
outbuildings
used
for
agricultural
purposes
21
and
land
on
which
is
located
facilities,
structures,
or
22
equipment
for
agricultural
purposes.
Agricultural
land
23
(3)
“Agricultural
land”
includes
land
taken
out
of
24
agricultural
production
for
purposes
of
environmental
25
protection
or
preservation.
26
Sec.
2.
Section
190C.22,
subsection
3,
paragraph
b,
Code
27
2025,
is
amended
to
read
as
follows:
28
b.
A
sworn
statement
by
the
state
chemist
bureau
chief
29
of
the
Iowa
laboratory
bureau
or
the
state
chemist’s
bureau
30
chief’s
deputy
stating
the
results
of
an
analysis
of
a
sample
31
taken
from
a
lot
of
agricultural
products
shall
constitute
32
prima
facie
evidence
of
the
correctness
of
the
analysis
of
that
33
lot
in
a
contested
case
proceeding
or
court
proceeding.
34
Sec.
3.
Section
200.3,
Code
2025,
is
amended
to
read
as
35
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follows:
1
200.3
Definitions
of
words
and
terms
.
2
When
As
used
in
this
chapter
,
unless
the
context
otherwise
3
requires
:
4
1.
“Ammonium
nitrate”
means
a
compound
that
is
chiefly
5
composed
of
ammonium
salt
of
nitric
acid
which
contains
not
6
less
than
thirty-three
percent
nitrogen,
one-half
of
which
is
7
in
the
ammonium
form
and
one-half
in
the
nitrate
form.
8
2.
The
term
“anhydrous
ammonia”
“Anhydrous
ammonia”
means
9
the
compound
formed
by
the
combination
of
two
gaseous
elements,
10
nitrogen
and
hydrogen,
in
the
proportion
of
one
part
nitrogen
11
to
three
parts
hydrogen
by
volume.
12
3.
“Anhydrous
ammonia
plant”
means
a
facility
used
for
13
the
manufacture
or
distribution
of
the
compound
formed
by
the
14
combination
of
two
gaseous
elements,
nitrogen
and
hydrogen,
in
15
the
proportion
of
one
part
nitrogen
to
three
parts
hydrogen
by
16
volume.
17
4.
a.
“Beneficial
substance”
means
any
substance
or
18
compound,
other
than
primary,
secondary,
or
microplant
19
nutrients,
that
can
be
demonstrated
by
scientific
research
20
to
be
beneficial
to
one
or
more
species
of
plants,
soils,
or
21
media,
including
any
of
the
following:
22
(1)
A
plant
amendment.
23
(2)
A
plant
biostimulant.
24
(3)
A
plant
inoculant.
25
(4)
A
soil-amending
ingredient.
26
(5)
A
soil-amending
ingredient
form.
27
(6)
A
soil
amendment.
28
(7)
A
soil
inoculant.
29
(8)
Compost.
30
b.
“Beneficial
substance”
does
not
include
a
pesticide.
31
5.
The
term
“brand”
“Brand”
means
a
term,
design,
or
32
trademark
used
in
connection
with
one
or
several
grades
33
of
commercial
fertilizer
,
product
name,
or
other
specific
34
designation
under
which
a
individual
beneficial
substance
or
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commercial
fertilizer
is
offered
for
sale
.
1
5.
The
term
“bulk
fertilizer”
shall
mean
commercial
2
fertilizer
delivered
to
the
purchaser
in
the
solid,
liquid,
or
3
gaseous
state,
in
a
nonpackaged
form
to
which
a
label
cannot
4
be
attached.
5
6.
“Bulk”
means
in
a
nonpackaged
form
to
which
a
label
6
cannot
be
attached.
7
7.
The
term
“commercial
fertilizer”
“Commercial
8
fertilizer”
includes
fertilizer
and
fertilizer
materials
and
9
fertilizer-pesticide
mixtures.
10
8.
“Compost”
means
a
product
manufactured
through
the
11
controlled
aerobic,
biological
decomposition
of
a
biodegradable
12
material
if
the
product
has
undergone
mesophilic
and
13
thermophilic
temperatures
that
significantly
reduce
the
14
viability
of
pathogens
and
weed
seeds
and
stabilize
carbon
to
15
the
extent
that
the
product
is
beneficial
to
plant
growth.
16
7.
9.
“Department”
means
the
department
of
agriculture
and
17
land
stewardship.
18
10.
“Distribute”
means
to
import,
consign,
manufacture,
19
produce,
compound,
mix,
blend,
or
offer
for
sale,
sell,
barter,
20
or
otherwise
supply
a
commercial
fertilizer
or
beneficial
21
substance
in
this
state.
22
8.
11.
The
term
“distributor”
“Distributor”
means
23
any
person
who
imports,
consigns,
manufactures,
produces,
24
compounds,
mixes,
or
blends
commercial
fertilizer
,
or
who
25
offers
for
sale,
sells,
barters,
or
otherwise
distributes
,
a
26
commercial
fertilizer
or
beneficial
substance
in
this
state.
27
9.
12.
a.
“Established
date
of
operation”
means
the
date
on
28
which
an
anhydrous
ammonia
plant
commenced
operating.
29
b.
If
the
physical
facilities
of
the
plant
are
subsequently
30
expanded,
the
established
date
of
operation
for
each
expansion
31
is
deemed
to
be
a
separate
and
independent
“established
date
of
32
operation”
established
as
of
the
date
of
commencement
of
the
33
expanded
operations.
34
c.
The
commencement
of
expanded
operations
does
not
divest
35
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the
plant
of
a
previously
established
date
of
operation.
1
10.
13.
“Established
date
of
ownership”
means
the
date
2
of
the
recording
of
an
appropriate
instrument
of
title
3
establishing
the
ownership
of
real
estate.
4
11.
14.
The
term
“fertilizer”
“Fertilizer”
means
any
5
substance
containing
one
or
more
recognized
plant
nutrient
6
which
is
nutrients
used
for
its
plant
nutrient
content
7
and
which
is
designed
for
use
and
claimed
to
have
value
8
in
promoting
plant
growth
except
unmanipulated
animal
and
9
vegetable
manures
or
calcium
and
magnesium
carbonate
materials
10
used
primarily
for
correcting
soil
acidity.
11
12.
15.
The
term
“fertilizer
material”
“Fertilizer
material”
12
means
any
substance
used
as
a
fertilizer
or
for
compounding
13
a
fertilizer
containing
one
or
more
of
the
recognized
plant
14
nutrients
which
are
used
for
promoting
plant
growth
or
altering
15
plant
composition.
16
13.
16.
The
term
“grade”
“Grade”
means
the
percentages
17
of
total
nitrogen,
available
phosphorus
or
P
2
O
5
or
both,
and
18
soluble
potassium
or
K
2
O
or
both
stated
in
whole
numbers
in
same
19
terms,
order
,
and
percentages
as
in
the
“guaranteed
analysis”
20
guaranteed
analysis
.
21
14.
Guaranteed
analysis:
22
17.
a.
(1)
The
term
“guaranteed
analysis”
shall
mean
23
“Guaranteed
analysis”
means
the
minimum
percentage
of
plant
24
nutrients
claimed
and
reported
as
Total
Nitrogen
(N),
Available
25
Phosphorus
(P)
or
P
2
O
5
or
both,
Soluble
Potassium
(K)
or
K
2
O
or
26
both
and
in
the
following
form:
27
Total
Nitrogen
(N)
...
percent
28
Available
Phosphorus
(P)
or
P
2
O
5
or
both
...
percent
29
Soluble
Potassium
(K)
or
K
2
O
or
both
...
percent
30
(2)
Registration
and
guarantee
of
water
soluble
phosphorus
31
(P)
or
(P
2
O
5
)
shall
be
permitted.
32
b.
The
term
“guaranteed
analysis”
“Guaranteed
analysis”
,
33
in
the
form
specified
in
paragraph
“a”
,
includes
all
of
the
34
following
:
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(1)
(a)
For
unacidulated
mineral
phosphatic
materials
and
1
basic
slag,
both
total
and
available
phosphorus
or
P
2
O
5
or
both
2
and
the
degree
of
fineness.
3
(b)
For
bone
tankage
and
other
organic
phosphatic
4
materials,
total
phosphorus
or
P
2
O
5
or
both.
5
(2)
When
any
additional
plant
nutrient
elements
contained
6
in
a
beneficial
substance
as
identified
in
subsection
10
7
of
this
section
,
are
claimed
in
writing,
they
shall
be
8
identified
in
the
guarantee,
expressed
as
the
element,
and
9
shall
be
subject
to
inspection
and
analysis
in
accordance
with
10
the
methods
and
regulations
that
may
be
prescribed
by
the
11
association
of
official
agricultural
chemists.
12
18.
“Label”
means
the
display
of
all
written,
printed,
13
or
graphic
matter
upon
the
immediate
container
or
statement
14
accompanying
a
commercial
fertilizer
or
beneficial
substance.
15
19.
“Labeling”
means
the
advertising
or
promotion
of
any
16
commercial
fertilizer
or
beneficial
substance
including
but
17
not
limited
to
any
written,
printed,
graphic,
or
electronic
18
communication
used
in
promoting
the
sale
of
a
commercial
19
fertilizer
or
beneficial
substance.
20
15.
20.
“Licensee”
means
a
person
licensed
under
section
21
200.4
.
22
16.
21.
“Nuisance”
means
public
or
private
nuisance
as
23
defined
by
statute
or
by
the
common
law.
24
17.
22.
“Nuisance
action
or
proceeding”
means
an
action,
25
claim
or
proceeding
brought
at
law,
in
equity,
or
as
an
26
administrative
proceeding,
which
is
based
on
nuisance.
27
18.
23.
The
term
“official
sample”
“Official
sample”
means
28
any
sample
of
commercial
fertilizer
taken
by
the
secretary
or
29
the
secretary’s
agent.
30
19.
“Organic
agricultural
product”
means
the
same
as
defined
31
in
section
190C.1
.
32
20.
24.
“Owner”
means
the
person
holding
record
title
to
33
real
estate,
and
includes
both
legal
and
equitable
interest
34
under
recorded
real
estate
contracts.
35
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21.
25.
The
term
“percent
or
percentage”
“Percent”
or
1
“percentage”
means
the
percentage
by
weight.
2
22.
26.
The
term
“person”
“Person”
includes
an
individual,
3
or
a
type
of
partnership,
limited
liability
company,
4
corporation,
or
association,
firm,
and
corporation
formed
or
5
organized
to
do
business
in
this
state
or
authorized
to
do
or
6
transact
business
in
this
state
.
7
23.
27.
The
term
“pesticide”
as
used
in
this
chapter
8
means
“Pesticide”
includes
insecticides,
miticides,
nemacides,
9
fungicides,
herbicides
,
and
any
other
substance
used
in
pest
10
control.
11
28.
“Plant
amendment”
means
any
substance
applied
to
12
a
plant
seed
which
is
intended
to
improve
growth,
yield,
13
product
quality,
reproduction,
flavor,
or
other
favorable
14
characteristics
of
a
plant
except
a
fertilizer,
soil
amendment,
15
agricultural
liming
material,
animal
manure,
vegetable
manure,
16
pesticide,
plant
regulator,
or
other
material
which
may
be
17
exempted
by
regulation.
18
29.
“Plant
biostimulant”
means
a
substance,
microorganism,
19
or
mixture
thereof,
that,
when
applied
to
a
seed,
plant,
the
20
rhizosphere,
soil,
or
other
growth
media,
acts
to
support
21
a
plant’s
natural
nutrition
processes
independently
of
22
the
biostimulant’s
nutrient
content
and
improves
nutrient
23
availability,
uptake,
or
use
efficiency,
tolerance
to
abiotic
24
stress,
and
consequent
growth,
development,
quality,
or
yield.
25
30.
“Plant
inoculant”
means
a
product
consisting
of
26
microorganisms
to
be
applied
to
the
plant
or
soil
for
the
27
purpose
of
enhancing
the
availability
or
uptake
of
plant
28
nutrients
through
the
root
system.
29
24.
31.
“Secretary”
means
the
secretary
of
agriculture.
30
25.
32.
The
term
“sell”
“Sell”
or
“sale”
includes
exchange.
31
26.
33.
A
“soil
conditioner”
is
“Soil
amendment”
means
any
32
substance
which
when
added
to
the
soil
or
applied
to
plants
33
will
produce
a
favorable
growth,
yield
or
quality
of
crop
34
or
soil
flora
or
fauna
or
other
soil
characteristics,
other
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than
or
a
mixture
of
substances
which
is
intended
to
improve
1
the
physical,
chemical,
biochemical,
biological,
or
other
2
characteristic
of
the
soil,
except
a
fertilizer,
recognized
3
pesticide
agricultural
liming
material
,
unmanipulated
animal
4
and
manure,
unmanipulated
vegetable
manures
or
calcium
and
5
magnesium
carbonate
materials
used
primarily
for
correcting
6
soil
acidity
manure,
pesticide,
or
any
other
material
exempted
7
by
regulation
.
8
34.
“Soil
inoculant”
means
a
microbial
product
that
is
9
applied
to
colonize
the
soil
to
benefit
the
soil
chemistry,
10
biology,
or
structure.
11
35.
“Soil-amending
ingredient”
means
any
substance
which
12
when
applied
to
soil
will
improve
the
physical,
chemical,
13
biochemical,
biological,
or
other
characteristics
of
the
soil.
14
36.
“Soil-amending
ingredient
form”
means
the
chemical
15
compound,
such
as
salt,
chelate,
oxide,
or
acid,
of
an
16
ingredient
or
the
physical
form
of
an
ingredient.
17
27.
37.
A
“specialty
fertilizer”
is
“Specialty
fertilizer”
18
means
a
commercial
fertilizer
distributed
primarily
for
19
nonfarm
use,
such
as
home
gardens,
lawns,
shrubbery,
flowers,
20
golf
courses,
municipal
parks,
cemeteries,
greenhouses
,
and
21
nurseries
,
and
may
include
commercial
fertilizers
used
for
22
research
or
experimental
purposes.
23
28.
38.
The
term
“ton”
“Ton”
means
a
net
weight
of
two
24
thousand
pounds
avoirdupois.
25
29.
39.
a.
The
term
“unmanipulated
manures”
“Unmanipulated
26
manures”
means
any
substances
composed
primarily
of
excreta,
27
plant
remains,
or
mixtures
of
such
substances
which
have
not
28
been
processed
in
any
manner
other
than
dewatering.
29
b.
“Unmanipulated
manures”
includes
unmanipulated
animal
30
manure
or
unmanipulated
vegetable
manure.
31
30.
Words
importing
the
singular
number
may
extend
and
be
32
applied
to
several
persons
or
things,
and
words
importing
the
33
plural
number
may
include
the
singular.
34
Sec.
4.
Section
200.4,
Code
2025,
is
amended
to
read
as
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follows:
1
200.4
License
——
fee
and
expiration
——
mixture
requirement
.
2
1.
Any
person
who
manufactures,
mixes,
blends,
mixes
to
3
customer’s
order,
offers
for
sale,
sells,
or
distributes
any
4
fertilizer
or
soil
conditioner
beneficial
substance
in
this
5
state
must
first
obtain
a
license
issued
by
the
secretary
and
6
pay
a
twenty
dollar
license
fee
for
each
place
of
manufacture
7
or
distribution
from
which
fertilizer
or
soil
conditioner
8
beneficial
substance
products
are
sold
or
distributed
in
this
9
state.
The
license
shall
expire
on
July
1
of
the
even-numbered
10
year
following
the
date
the
license
is
issued.
A
license
may
11
be
renewed
for
a
two-year
period
as
provided
by
the
department.
12
2.
The
licensee
shall
at
all
times
produce
an
intimate
13
and
uniform
mixture
of
fertilizers
or
soil
conditioners
14
beneficial
substances
.
When
two
or
more
fertilizer
materials
15
are
delivered
in
the
same
load,
they
shall
be
thoroughly
and
16
uniformly
mixed
unless
they
are
in
separate
compartments.
17
Sec.
5.
Section
200.5,
Code
2025,
is
amended
to
read
as
18
follows:
19
200.5
Registration.
20
1.
Each
brand
and
grade
of
commercial
fertilizer
and
each
21
soil
conditioner
beneficial
substance
shall
be
registered
22
before
being
offered
for
sale,
sold
,
or
otherwise
distributed
23
in
this
state;
except
that
a
commercial
fertilizer
formulated
24
according
to
special
specifications
furnished
by
a
consumer
25
to
fill
the
consumer’s
order
shall
not
be
required
to
be
26
registered,
but
shall
be
labeled
as
provided
in
section
200.6,
27
subsection
3
1,
paragraph
“c”
.
The
application
for
registration
28
shall
be
submitted
to
the
secretary
on
forms
furnished
by
the
29
secretary
and
shall
be
accompanied
by
a
label
setting
forth
the
30
guaranteed
analysis
which
shall
be
the
same
as
that
appearing
31
on
the
registered
product.
32
2.
All
A
registration
will
shall
be
permanent,
provided,
33
however,
that
the
secretary
may
request
a
listing
of
products
34
to
be
currently
manufactured.
The
application
shall
include
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the
following
information
in
the
following
order:
1
a.
Net
weight,
if
sold
in
packaged
form.
2
b.
Name
and
address
of
the
registrant.
3
c.
Name
of
product.
4
d.
Brand.
5
e.
Grade
,
if
the
product
contains
a
recognized
plant
food
.
6
f.
Guaranteed
analysis.
7
3.
In
addition
to
the
information
required
in
subsection
8
2
of
this
section
,
applications
an
application
for
the
9
registration
of
soil
conditioners
a
beneficial
substance
must
10
include
the
name
or
chemical
designation
and
percentage
of
11
content
of
each
of
the
active
ingredients.
Each
microbial
12
organism
ingredient
must
be
identified
with
species
and
genus
13
in
colony-forming
units
per
gram
for
a
dry
product
or
per
14
milliliter
for
a
liquid
product.
Another
unit
of
quantity
15
may
be
acceptable
if
an
accurate
and
verifiable
guarantee
is
16
presented.
17
4.
The
secretary
is
authorized
,
after
public
hearing,
18
following
due
notice,
to
adopt
rules
under
chapter
17A
19
regulating
the
labeling
and
registration
of
specialty
20
commercial
fertilizers
and
other
fertilizer
products
beneficial
21
substances
,
when
necessary
in
the
secretary’s
opinion.
The
22
secretary
may
require
any
reasonable
information
in
addition
23
to
section
200.3,
subsection
14
17
,
which
is
necessary
and
24
useful
to
the
purchasers
of
specialty
fertilizers
commercial
25
fertilizers
and
beneficial
substances
of
this
state
and
to
26
promote
uniformity
among
states.
27
5.
The
secretary
is
authorized
after
public
hearing,
28
following
due
notice,
to
establish
adopt
rules
under
chapter
29
17A
establishing
minimum
acceptable
levels
of
trace
and
30
secondary
elements
components
recognized
as
effective
to
aid
31
crops
produced
in
Iowa
this
state
and
to
require
such
warning
32
statements
as
may
be
deemed
necessary
to
prevent
injury
to
33
crops
or
for
user
safety
.
34
6.
The
secretary,
whenever
the
secretary
deems
it
necessary
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in
the
administration
of
this
chapter
,
may
require
the
1
submission
of
additional
data
about
any
article,
including
a
2
fertilizer
,
beneficial
substance,
or
other
product
regulated
3
under
this
chapter
to
support
the
claims
made
for
it.
If
it
4
appears
to
the
secretary
that
the
composition
of
the
article
is
5
such
as
to
warrant
the
claims
made
for
it,
and
if
the
article,
6
its
labeling
and
other
material
required
to
be
submitted,
7
comply
with
the
requirements
of
this
chapter
,
the
secretary
8
shall
register
the
product.
9
7.
If
it
does
not
appear
to
the
secretary
that
the
article
10
is
such
as
to
warrant
the
proposed
claims
for
it,
or
if
the
11
article
and
its
labeling
and
other
material
required
to
be
12
submitted
does
do
not
comply
with
the
a
provision
of
this
13
chapter
,
the
secretary
shall
notify
the
registrant
of
the
14
manner
in
which
the
article,
labeling,
or
other
material
15
required
to
be
submitted
fails
to
comply
with
this
chapter
16
so
as
to
afford
the
registrant
an
opportunity
to
make
the
17
necessary
corrections
before
resubmitting
the
label.
18
8.
It
shall
be
the
responsibility
of
the
registrant
to
19
submit
satisfactory
evidence
of
favorable
effects
and
safety
20
of
the
product.
21
9.
The
secretary
shall
establish
minimum
requirements
22
for
the
registration
of
fertilizers
and
soil
conditioners
23
beneficial
substances
by
efficacy
testing
or
the
substantiation
24
of
data
relevant
to
Iowa
this
state’s
crops
and
soils.
25
10.
A
distributor
shall
not
be
required
to
register
26
any
brand
and
grade
of
commercial
fertilizer
or
beneficial
27
substance
which
is
already
registered
under
this
chapter
by
28
another
person.
29
11.
The
advisory
committee
created
in
section
206.23
shall
30
advise
and
assist
the
secretary
on
the
registration
of
a
31
product
of
commercial
fertilizer
or
soil
conditioner
under
the
32
provisions
of
this
chapter
.
33
Sec.
6.
Section
200.6,
Code
2025,
is
amended
to
read
as
34
follows:
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200.6
Labeling.
1
1.
a.
Any
commercial
fertilizer
offered
for
sale
or
sold
or
2
distributed
in
this
state
in
bags
,
or
other
containers
,
shall
3
have
placed
on
or
affixed
to
the
container
in
legibly
written
4
or
printed
form,
the
information
required
by
section
200.5
,
5
subsection
2
;
,
either
on
tags
affixed
to
the
end
of
the
package
6
or
directly
on
the
package.
7
2.
b.
If
distributed
in
bulk,
the
a
shipment
of
commercial
8
fertilizer
must
be
accompanied
by
a
written
or
printed
9
statement
giving
the
purchaser’s
name
and
address
in
addition
10
to
the
labeling
requirement
set
forth
in
section
200.5
,
11
subsection
2
.
12
3.
c.
A
commercial
fertilizer
formulated
according
to
13
specifications
which
are
furnished
by
a
consumer
prior
to
14
mixing
shall
be
labeled
to
show
the
net
weight,
guaranteed
15
analysis,
and
the
name
and
address
of
the
distributor
and
16
may
show
the
net
weight
and
guaranteed
analysis
of
each
of
17
the
fertilizer
materials
or
soil
conditioners
used.
It
is
18
the
responsibility
of
the
distributor
to
mix
these
materials
19
uniformly
and
intimately
so
that
when
sampled
in
the
prescribed
20
manner
the
resulting
analysis
would
meet
the
guarantee.
21
4.
d.
All
bulk
bins
or
intermediate
storage
of
bulk
22
commercial
fertilizer
where
being
offered
for
sale
or
23
distributed
direct
to
the
consumer
shall
be
labeled
showing
24
brand,
name
,
and
grade
of
product.
25
5.
e.
All
fertilizers
distributed
or
stored
in
bulk,
unless
26
in
the
manufacturers
authorized
containers,
shall
be
labeled
as
27
the
responsibility
of
the
possessor.
28
6.
2.
Soil
conditioners
A
beneficial
substance
shall
be
29
labeled
in
accordance
with
subsection
1
of
this
section
and
30
in
addition
shall
show
the
name
or
chemical
designation
and
31
content
or
the
active
ingredients.
32
Sec.
7.
Section
200.8,
Code
2025,
is
amended
to
read
as
33
follows:
34
200.8
Inspection
fees.
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1.
a.
There
shall
be
paid
by
the
licensee
to
the
secretary
1
for
all
any
commercial
fertilizers
and
soil
conditioners
2
fertilizer
or
beneficial
substance
sold
,
or
distributed
in
this
3
state,
an
inspection
fee
to
be
fixed
annually
by
the
secretary
4
of
agriculture
at
not
more
than
twenty
cents
per
ton.
Sales
5
The
sale
of
a
commercial
fertilizer
or
beneficial
substance
6
for
manufacturing
purposes
only
are
hereby
is
exempted
from
7
fees
an
inspection
fee
but
must
still
be
reported
showing
8
the
manufacturer
who
purchased
same
it
.
Payment
of
said
the
9
inspection
fee
by
any
licensee
shall
exempt
all
other
persons,
10
firms
,
or
corporations
from
the
payment
thereof.
11
b.
On
an
individual
packages
package
of
specialty
a
12
commercial
fertilizer
or
beneficial
substance
containing
13
twenty-five
pounds
or
less,
there
shall
be
paid
by
the
14
manufacturer
in
lieu
of
the
semiannual
inspection
fee
as
set
15
forth
in
this
chapter
,
an
annual
registration
and
inspection
16
fee
of
one
hundred
dollars
for
each
brand
and
grade
sold
or
17
distributed
in
the
state.
In
the
event
that
any
manufacturer
18
sells
specialty
a
commercial
fertilizer
or
beneficial
substance
19
in
packages
a
package
of
twenty-five
pounds
or
less
and
also
20
in
packages
a
package
of
more
than
twenty-five
pounds,
this
21
annual
registration
and
inspection
fee
shall
apply
only
to
that
22
portion
sold
in
packages
a
package
of
twenty-five
pounds
or
23
less,
and
that
portion
sold
in
packages
a
package
of
more
than
24
twenty-five
pounds
shall
be
subject
to
the
same
inspection
fee
25
as
fixed
by
the
secretary
of
agriculture
as
provided
in
this
26
chapter
.
27
c.
Any
person
other
than
a
manufacturer
who
annually
offers
28
for
sale,
sells,
or
distributes
specialty
fertilizer
in
the
29
amount
of
four
thousand
pounds
or
more
or
applies
specialty
30
fertilizer
for
compensation
shall
pay
an
annual
inspection
fee
31
of
thirty
dollars
in
lieu
of
the
semiannual
inspection
fee
as
32
set
forth
in
this
chapter
.
33
2.
Every
person
who
is
a
licensee
and
any
person
required
34
to
pay
an
annual
registration
and
inspection
fee
under
this
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chapter
in
this
state
shall
do
all
of
the
following
:
1
a.
File
not
later
than
the
last
day
of
January
and
2
July
of
each
year,
on
forms
furnished
by
the
secretary,
a
3
semiannual
statement
setting
forth
the
number
of
net
tons
of
4
commercial
fertilizer
or
soil
conditioners
beneficial
substance
5
distributed
in
this
state
by
grade
for
each
county
during
the
6
preceding
six-month
period
;
and
upon
.
Upon
filing
such
the
7
semiannual
statement
,
the
person
shall
pay
the
inspection
fee
8
at
the
rate
stated
in
subsection
1
.
However,
in
lieu
of
the
9
semiannual
statement
by
grade
for
each
county,
on
individual
10
packages
of
specialty
fertilizer
containing
twenty-five
pounds
11
or
less
of
commercial
fertilizer
,
the
registrant
shall
file
12
not
later
than
the
last
day
of
July
of
each
year,
on
forms
13
furnished
by
the
secretary,
an
annual
statement
setting
forth
14
the
number
of
net
tons
of
specialty
commercial
fertilizer
15
distributed
in
this
state
by
grade
during
the
preceding
16
twelve-month
period.
17
b.
If
the
tonnage
report
is
not
filed
or
the
payment
of
18
inspection
fees,
or
both,
is
not
made
within
ten
days
after
19
the
last
day
of
January
and
July
of
each
year
as
required
in
20
paragraph
“a”
of
this
subsection
,
a
penalty
amounting
to
ten
21
percent
of
the
amount
due,
if
any,
shall
be
assessed
against
22
the
licensee.
In
any
case,
the
penalty
shall
be
no
less
than
23
fifty
dollars.
The
amount
of
fees
due,
if
any,
and
penalty
24
shall
constitute
a
debt
and
become
the
basis
of
a
judgment
25
against
the
licensee.
26
3.
If
there
is
an
unencumbered
balance
of
funds
from
the
27
amount
of
the
fees
deposited
in
the
general
fund
pursuant
to
28
sections
200.9
and
201A.11
on
June
30
of
any
fiscal
year
equal
29
to
or
exceeding
three
hundred
fifty
thousand
dollars,
the
30
secretary
of
agriculture
shall
reduce
the
per
ton
fee
provided
31
for
in
subsection
1
and
the
annual
license
fee
established
32
pursuant
to
section
201A.3
for
the
next
fiscal
year
in
such
33
amount
as
will
result
in
an
ending
estimated
balance
of
such
34
funds
for
June
30
of
the
next
fiscal
year
of
three
hundred
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fifty
thousand
dollars.
1
4.
3.
In
addition
to
the
fees
imposed
under
subsection
2
1
,
a
groundwater
protection
fee
shall
be
imposed
upon
3
nitrogen-based
fertilizer.
The
fee
shall
be
based
upon
the
4
percentage
of
actual
nitrogen
contained
in
the
product.
An
5
eighty-two
percent
nitrogen
solution
shall
be
taxed
at
a
rate
6
of
seventy-five
cents
per
ton.
Other
nitrogen-based
product
7
formulations
shall
be
taxed
on
the
percentage
of
actual
8
nitrogen
contained
in
the
formulations
with
the
eighty-two
9
percent
nitrogen
solution
serving
as
the
base.
The
fee
10
shall
be
paid
by
each
licensee
registering
to
sell
fertilizer
11
to
the
secretary
of
agriculture.
The
fees
collected
shall
12
be
deposited
in
the
agriculture
management
account
of
the
13
groundwater
protection
fund.
The
secretary
of
agriculture
14
shall
adopt
rules
for
the
payment,
filing,
and
collection
of
15
groundwater
protection
fees
from
licensees
in
conjunction
16
with
the
collection
of
registration
and
inspection
fees.
The
17
secretary
shall,
by
rule,
allow
an
exemption
to
the
payment
18
of
this
fee
for
fertilizers
which
contain
trace
amounts
of
19
nitrogen.
20
Sec.
8.
Section
200.10,
Code
2025,
is
amended
to
read
as
21
follows:
22
200.10
Inspection,
sampling,
and
analysis.
23
1.
It
shall
be
the
duty
of
the
secretary,
who
may
act
24
through
an
authorized
agent,
to
sample,
inspect,
make
analysis
25
of,
and
test
commercial
fertilizers
or
soil
conditioners
26
beneficial
substances
distributed
within
this
state
at
time
27
and
place
and
to
such
an
extent
as
the
secretary
may
deem
28
necessary,
to
determine
whether
such
commercial
fertilizers
and
29
soil
conditioners
or
beneficial
substances
are
in
compliance
30
with
the
provisions
of
this
chapter
.
In
the
performance
of
31
the
foregoing
duty,
the
secretary
shall
counsel
may
consult
32
with
the
director
of
the
Iowa
agricultural
experimental
station
33
in
respect
to
the
time,
place
,
and
extent
of
sampling.
The
34
secretary
acting
individually
or
through
an
agent
is
authorized
35
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to
enter
upon
any
public
or
private
premises
or
conveyances
1
during
regular
business
hours
in
order
to
have
access
to
2
a
commercial
fertilizers
fertilizer
or
soil
conditioners
3
beneficial
substance
subject
to
the
provisions
of
this
chapter
4
and
the
rules
and
regulations
pertaining
thereto
including
in
5
rules
adopted
by
the
department
under
this
chapter
.
It
shall
6
be
the
duty
of
the
The
secretary
to
shall
maintain
a
laboratory
7
with
the
necessary
equipment
and
to
employ
such
employees
8
as
may
be
necessary
to
aid
assist
in
the
administration
and
9
enforcement
of
this
chapter
.
10
2.
a.
The
methods
of
sampling
and
analysis
shall
be
the
11
official
methods
of
the
association
of
official
agricultural
12
chemists
in
all
cases
where
methods
have
been
adopted
by
the
13
association.
14
b.
The
findings
of
the
state
chemist
or
the
state
chemist’s
15
bureau
chief
of
the
Iowa
laboratory
bureau,
or
the
bureau
16
chief’s
deputy,
as
shown
by
the
sworn
statement
of
the
results
17
of
analysis
of
official
samples
of
any
brand
and
grade
of
18
commercial
fertilizer,
fertilizer
material
,
or
soil
conditioner
19
beneficial
substance
,
shall
constitute
prima
facie
evidence
of
20
their
its
correctness
in
the
courts
of
this
state,
as
to
the
21
particular
lots
sampled
and
analyzed.
22
3.
The
secretary,
in
determining
for
administrative
23
purposes
whether
any
commercial
fertilizer
is
deficient
in
24
plant
food,
or
soil
conditioner
beneficial
substance
deficient
25
in
guaranteed
active
ingredients,
shall
be
guided
by
the
26
official
sample
as
defined
in
section
200.3,
subsection
18
23
,
27
and
obtained
and
analyzed
as
provided
for
in
subsection
2
of
28
this
section
.
29
4.
The
results
of
official
analysis
of
any
commercial
30
fertilizer
or
soil
conditioner
beneficial
substance
which
31
has
been
found
to
be
in
violation
of
any
provision
of
this
32
chapter
,
shall
be
forwarded
by
the
secretary
to
the
registrant.
33
Upon
request,
the
secretary
shall
furnish
to
the
registrant
a
34
portion
of
any
sample.
35
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Sec.
9.
Section
200.11,
Code
2025,
is
amended
to
read
as
1
follows:
2
200.11
Filler
material
Item
that
is
injurious
or
filler
.
3
It
shall
be
unlawful
for
any
person
to
A
person
shall
4
not
manufacture,
offer
for
sale
,
or
sell
in
this
state,
any
5
commercial
fertilizer
,
or
soil
conditioner
beneficial
substance
6
containing
any
substance
used
as
a
filler
item
that
is
7
injurious
to
crop
growth
or
deleterious
to
the
soil,
or
to
use
8
in
such
commercial
fertilizer
,
or
soil
conditioner
beneficial
9
substance
as
a
filler
any
substance
item
that
contains
inert
or
10
useless
plant
food
material
for
the
purpose
or
with
the
effect
11
of
deceiving
or
defrauding
the
purchaser.
12
Sec.
10.
Section
200.12,
Code
2025,
is
amended
to
read
as
13
follows:
14
200.12
False
or
misleading
statements.
15
A
commercial
fertilizer
or
soil
conditioner
beneficial
16
substance
is
misbranded
if
it
does
not
identify
substances
17
items
promoting
plant
growth
as
defined
in
section
200.3,
18
subsection
11
,
or
if
it
carries
any
false
or
misleading
19
statement
upon
or
attached
to
the
container
or
stated
on
20
the
invoice
or
delivery
ticket,
or
if
the
container
or
on
21
the
invoice
or
delivery
ticket
or
in
any
advertising
matter
22
whatsoever
connected
with,
accompanying
,
or
associated
with
the
23
commercial
fertilizer
or
soil
conditioner
beneficial
substance
.
24
Further,
the
burden
of
proof
of
the
desirable
effect
of
the
25
product
commercial
fertilizer
or
beneficial
substance
on
plant
26
growth
shall
be
the
responsibility
of
the
registrant.
27
Sec.
11.
Section
200.14,
Code
2025,
is
amended
to
read
as
28
follows:
29
200.14
Rules.
30
1.
a.
The
department
may
adopt
rules
pursuant
to
chapter
31
17A
providing
minimum
general
safety
standards
for
the
32
design,
construction,
location,
installation,
and
operation
33
of
equipment
for
storage,
handling,
transportation
by
tank
34
truck
or
tank
trailer,
and
utilization
of
fertilizers
and
soil
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conditioners
a
fertilizer
or
beneficial
substance
.
1
b.
The
rules
shall
be
such
as
are
reasonably
necessary
2
for
the
protection
and
safety
of
the
public
and
persons
using
3
fertilizers
or
soil
conditioners
a
fertilizer
or
beneficial
4
substance
,
and
shall
be
in
substantial
conformity
with
the
5
generally
accepted
standards
of
safety.
6
c.
Fertilizer
and
soil
conditioner
or
beneficial
substance
7
equipment
shall
be
installed
and
maintained
in
a
safe
8
operating
condition
and
in
conformity
with
rules
adopted
by
the
9
department.
10
2.
The
department
may
adopt
such
reasonable
rules
as
may
11
be
necessary
in
order
to
carry
into
effect
the
purpose,
and
to
12
secure
the
efficient
administration,
of
this
chapter
.
13
3.
This
chapter
does
not
prohibit
the
use
of
storage
14
tanks
smaller
than
transporting
tanks
nor
the
transfer
of
all
15
kinds
any
kind
of
fertilizers
fertilizer
or
soil
conditioners
16
beneficial
substance
directly
from
transporting
tanks
to
17
implements
of
husbandry,
if
proper
safety
precautions
are
18
observed.
19
4.
Rules
adopted
to
implement
this
chapter
are
not
subject
20
to
section
17A.7,
subsection
2
or
3
.
21
Sec.
12.
Section
200.15,
Code
2025,
is
amended
to
read
as
22
follows:
23
200.15
Refusal
to
register
or
cancellation
of
registration
24
and
licenses.
25
1.
Upon
satisfactory
evidence
that
the
registrant
or
26
licensee
has
used
fraudulent
or
deceptive
practices
or
has
27
willfully
violated
any
provisions
of
this
chapter
or
any
28
rules
and
regulations
promulgated
adopted
under
this
chapter
,
29
the
secretary
is
authorized
and
empowered
to
do
any
of
the
30
following:
31
a.
Cancel
the
registration
of
any
product
of
commercial
32
fertilizer
or
soil
conditioner
beneficial
substance
or
license.
33
b.
Refuse
to
register
any
product
of
commercial
fertilizer
34
or
soil
conditioner
beneficial
substance
.
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c.
Refuse
to
license
any
applicant.
1
2.
However,
a
A
registration
or
license
shall
not
be
revoked
2
or
refused
until
the
registrant
or
licensee
has
been
given
the
3
opportunity
to
appear
for
a
hearing
by
the
secretary.
4
Sec.
13.
Section
200.16,
Code
2025,
is
amended
to
read
as
5
follows:
6
200.16
“Stop
sale”
orders.
7
The
secretary
may
issue
and
enforce
a
written
or
printed
8
“stop
sale,
use
or
removal”
order
to
the
owner
or
custodian
of
9
any
lot
of
commercial
fertilizer
or
soil
conditioner
beneficial
10
substance
,
if
the
secretary
finds
the
commercial
fertilizer
11
or
soil
conditioner
beneficial
substance
is
being
offered
or
12
exposed
for
sale
in
violation
of
any
of
the
provisions
of
13
this
chapter
or
including
any
of
the
rules
and
regulations
14
promulgated
rule
adopted
under
this
chapter
.
The
secretary
may
15
hold
the
commercial
fertilizer
or
soil
conditioner
beneficial
16
substance
at
a
designated
place
until
the
law
has
been
complied
17
with
and
the
commercial
fertilizer
or
soil
conditioner
18
beneficial
substance
is
released
in
writing
by
the
secretary,
19
or
the
violation
has
been
otherwise
legally
disposed
of
by
20
written
authority,
and
all
costs
and
expenses
incurred
in
21
connection
with
the
withdrawal
have
been
paid.
22
Sec.
14.
Section
200.17,
Code
2025,
is
amended
to
read
as
23
follows:
24
200.17
Seizure,
condemnation,
and
sale.
25
Any
lot
of
commercial
fertilizer
or
soil
conditioner
26
beneficial
substance
not
in
compliance
with
the
provisions
27
of
this
chapter
shall
be
subject
to
seizure
on
complaint
of
28
the
secretary
to
a
court
of
competent
jurisdiction
in
the
29
county
or
adjoining
county
in
which
the
commercial
fertilizer
30
or
soil
conditioner
beneficial
substance
is
located.
In
31
the
event
the
court
finds
the
commercial
fertilizer
or
soil
32
conditioner
beneficial
substance
to
be
in
violation
of
this
33
chapter
and
orders
or
an
order
for
the
condemnation
of
the
34
commercial
fertilizer
or
soil
conditioner
beneficial
substance
,
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it
the
commercial
fertilizer
or
beneficial
substance
shall
be
1
disposed
of
in
any
manner
consistent
with
the
quality
of
the
2
commercial
fertilizer
or
soil
conditioner
beneficial
substance
3
and
the
laws
of
the
state.
However,
in
no
instance
shall
the
4
disposition
of
the
commercial
fertilizer
or
soil
conditioner
5
beneficial
substance
shall
not
be
ordered
by
the
court
without
6
first
giving
the
claimant
an
opportunity
to
apply
to
the
court
7
for
release
of
the
commercial
fertilizer
or
soil
conditioner
8
beneficial
substance
or
for
permission
to
reprocess
or
relabel
9
the
commercial
fertilizer
or
soil
conditioner
beneficial
10
substance
to
bring
it
into
compliance
with
this
chapter
.
11
Sec.
15.
Section
200.18,
subsection
1,
Code
2025,
is
amended
12
to
read
as
follows:
13
1.
If
it
shall
appear
from
the
examination
of
any
commercial
14
fertilizer
or
soil
conditioner
beneficial
substance
or
any
15
anhydrous
ammonia
installation,
equipment,
or
operation
that
16
any
of
the
provisions
a
provision
of
this
chapter
or
the
rules
17
and
regulations
issued
,
including
any
rule
adopted
under
this
18
chapter
,
have
been
violated,
the
secretary
shall
cause
notice
19
of
the
violations
to
be
given
to
the
registrant,
distributor,
20
or
possessor
from
whom
said
sample
was
taken
;
any
.
The
person
21
so
notified
shall
be
given
opportunity
to
be
heard
under
such
22
rules
and
regulations
as
may
be
prescribed
by
the
secretary.
23
If
it
appears
after
such
hearing,
either
in
the
presence
or
24
absence
of
the
person
so
notified,
that
any
of
the
provisions
25
provision
of
this
chapter
or
rules
and
regulations
issued
,
26
including
a
rule
adopted
under
this
chapter
have
,
has
been
27
violated,
the
secretary
may
certify
the
facts
to
the
proper
28
prosecuting
attorney.
29
Sec.
16.
Section
200.19,
Code
2025,
is
amended
to
read
as
30
follows:
31
200.19
Exchanges
between
manufacturers.
32
Nothing
in
this
chapter
shall
be
construed
to
restrict
or
33
avoid
sales
or
exchanges
of
commercial
fertilizers
or
soil
34
conditioners
beneficial
substances
to
each
other
by
importers,
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manufacturers,
or
manipulators
who
mix
fertilizer
materials
for
1
sale
or
as
preventing
the
free
and
unrestricted
shipments
of
2
commercial
fertilizer
or
soil
conditioner
to
manufacturers
or
3
manipulators
who
have
registered
their
brands
as
required
by
4
the
provisions
of
this
chapter
.
5
Sec.
17.
Section
200.20,
subsection
2,
Code
2025,
is
amended
6
to
read
as
follows:
7
2.
Subsection
1
shall
does
not
apply
to
any
of
the
8
following:
9
a.
A
specialty
fertilizer.
10
b.
A
fertilizer
designed
to
be
applied
and
ordinarily
11
applied
directly
to
growing
plant
foliage
to
stimulate
further
12
growth.
13
c.
Compost
materials
to
be
applied
on
land,
if
any
of
the
14
following
apply:
15
(1)
The
land
is
being
used
to
produce
an
agricultural
16
commodity
that
is
an
organic
agricultural
product
as
provided
17
in
chapter
190C
,
including
rules
adopted
by
the
department
18
under
that
chapter.
19
(2)
The
land
is
in
the
transition
of
being
used
to
produce
20
an
agricultural
commodity
that
is
an
organic
agricultural
21
product,
pursuant
to
rules
adopted
by
the
department
as
22
provided
in
chapter
190C
.
23
Sec.
18.
Section
200.22,
subsection
2,
Code
2025,
is
amended
24
to
read
as
follows:
25
2.
The
provisions
of
this
chapter
and
rules
adopted
by
26
the
department
pursuant
to
this
chapter
shall
preempt
local
27
legislation
adopted
by
a
local
governmental
entity
relating
to
28
the
use,
sale,
distribution,
storage,
transportation,
disposal,
29
formulation,
labeling,
registration,
or
manufacture
of
a
30
fertilizer
or
soil
conditioner
beneficial
substance
.
A
local
31
governmental
entity
shall
not
adopt
or
continue
in
effect
local
32
legislation
relating
to
the
use,
sale,
distribution,
storage,
33
transportation,
disposal,
formulation,
labeling,
registration,
34
or
manufacture
of
a
fertilizer
or
soil
conditioner
beneficial
35
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substance
,
regardless
of
whether
a
statute
or
rule
adopted
1
by
the
department
applies
to
preempt
the
local
legislation.
2
Local
legislation
in
violation
of
this
section
is
void
and
3
unenforceable.
4
Sec.
19.
Section
200A.2,
Code
2025,
is
amended
to
read
as
5
follows:
6
200A.2
Purpose.
7
The
purpose
of
this
chapter
is
to
regulate
certain
bulk
8
dry
animal
manure
for
use
as
a
fertilizer
or
soil
conditioner
9
beneficial
substance
,
which
is
unmanipulated
and
therefore
not
10
subject
to
regulation
under
chapter
200
.
11
Sec.
20.
Section
202.1,
subsection
12,
Code
2025,
is
amended
12
to
read
as
follows:
13
12.
“Produce”
means
to
do
any
of
the
following:
14
a.
Provide
feed
or
services
relating
to
as
part
of
the
15
livestock’s
care
and
feeding
of
livestock
.
If
the
livestock
is
16
dairy
cattle,
“produce”
includes
milking
the
dairy
cattle
and
17
storing
raw
milk
at
the
contract
producer’s
contract
livestock
18
facility.
19
b.
Provide
for
planting,
raising,
harvesting,
and
storing
20
a
crop.
“Produce”
includes
preparing
the
soil
for
planting
21
and
nurturing
the
crop
by
the
application
of
fertilizers
a
22
fertilizer
or
soil
conditioners
beneficial
substance
as
defined
23
in
section
200.3
or
pesticides
a
pesticide
as
defined
in
24
section
206.2
.
25
Sec.
21.
Section
206.12,
subsection
1,
paragraph
a,
Code
26
2025,
is
amended
to
read
as
follows:
27
a.
For
the
purpose
of
this
chapter
,
fertilizers
a
fertilizer
28
in
a
mixed
fertilizer-pesticide
formulations
formulation
or
29
a
beneficial
substance
in
a
beneficial
substance-pesticide
30
formulation
shall
be
considered
as
an
inert
ingredients
31
ingredient
.
32
Sec.
22.
Section
321.1,
subsection
1,
Code
2025,
is
amended
33
to
read
as
follows:
34
1.
a.
“Agricultural
hazardous
material”
means
a
hazardous
35
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material,
other
than
hazardous
waste,
whose
end
use
directly
1
supports
the
production
of
an
agricultural
commodity,
2
including
,
but
not
limited
to
,
a
fertilizer,
pesticide,
soil
3
conditioner
beneficial
substance
,
or
fuel.
4
b.
“Agricultural
hazardous
material”
is
limited
to
material
5
in
class
3,
8,
or
9,
division
2.1,
2.2,
5.1,
or
6.1,
or
an
ORM-D
6
material
as
defined
in
49
C.F.R.
§171.8
.
7
Sec.
23.
Section
403.17,
subsection
3,
Code
2025,
is
amended
8
to
read
as
follows:
9
3.
a.
“Agricultural
land”
means
real
property
owned
by
a
10
person
in
tracts
of
ten
acres
or
more
and
not
laid
off
into
11
lots
of
less
than
ten
acres
or
divided
by
streets
and
alleys
12
into
parcels
of
less
than
ten
acres,
and
that
has
been
used
for
13
the
production
of
agricultural
commodities
during
three
out
14
of
the
past
five
years.
Such
use
of
property
includes,
but
15
is
not
limited
to,
the
raising,
harvesting,
handling,
drying,
16
or
storage
of
crops
used
for
feed,
food,
seed,
or
fiber;
the
17
care
or
feeding
of
livestock;
the
handling
or
transportation
18
of
crops
or
livestock;
the
storage,
treatment,
or
disposal
of
19
livestock
manure;
and
the
application
of
fertilizers,
soil
20
conditioners
beneficial
substances
,
pesticides,
and
herbicides
21
on
crops.
Agricultural
land
22
b.
“Agricultural
land”
includes
land
on
which
is
located
23
farm
residences
or
outbuildings
used
for
agricultural
purposes
24
and
land
on
which
is
located
facilities,
structures,
or
25
equipment
for
agricultural
purposes.
Agricultural
land
26
c.
“Agricultural
land”
includes
land
taken
out
of
27
agricultural
production
for
purposes
of
environmental
28
protection
or
preservation.
29
Sec.
24.
Section
455B.411,
subsection
3,
paragraph
b,
30
subparagraph
(1),
Code
2025,
is
amended
to
read
as
follows:
31
(1)
Agricultural
wastes,
including
manures
and
crop
32
residues
that
are
returned
to
the
soil
as
fertilizers
or
soil
33
conditioners
beneficial
substances
.
34
Sec.
25.
Section
455E.11,
subsection
2,
paragraph
b,
35
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unnumbered
paragraph
1,
Code
2025,
is
amended
to
read
as
1
follows:
2
An
agriculture
management
account.
Moneys
collected
from
3
the
groundwater
protection
fee
levied
pursuant
to
section
4
200.8,
subsection
4
3
,
the
portion
of
the
fees
collected
5
pursuant
to
section
206.8,
subsection
2
,
and
section
206.12,
6
subsection
3
,
and
other
moneys
designated
for
the
purpose
of
7
agriculture
management
shall
be
deposited
in
the
agriculture
8
management
account.
The
agriculture
management
account
shall
9
be
used
for
the
following
purposes:
10
Sec.
26.
Section
579B.1,
subsection
14,
paragraph
b,
Code
11
2025,
is
amended
to
read
as
follows:
12
b.
Provide
for
planting,
raising,
harvesting,
and
storing
13
a
crop.
“Produce”
includes
preparing
the
soil
for
planting
14
and
nurturing
the
crop
by
the
application
of
fertilizers
a
15
fertilizer
or
soil
conditioners
beneficial
substance
as
defined
16
in
section
200.3
or
pesticides
a
pesticide
as
defined
in
17
section
206.2
.
18
Sec.
27.
Section
716.11,
subsection
2,
Code
2025,
is
amended
19
to
read
as
follows:
20
2.
a.
“Critical
infrastructure
sabotage”
means
an
21
unauthorized
and
overt
act
intended
to
cause
and
having
the
22
means
to
cause,
and
in
substantial
furtherance
of
causing,
a
23
substantial
and
widespread
interruption
or
impairment
of
a
24
fundamental
service
rendered
by
the
critical
infrastructure.
25
However,
“critical
infrastructure
sabotage”
26
b.
“Critical
infrastructure
sabotage”
does
not
include
27
an
accidental
interruption
or
impairment
of
service
to
the
28
critical
infrastructure
caused
by
a
person
in
the
performance
29
of
the
person’s
work
duties
or
caused
by
a
person’s
lawful
30
activity.
In
addition,
“critical
infrastructure
sabotage”
does
31
not
include
any
condition
or
activity
related
to
the
production
32
of
farm
products
as
defined
in
section
554.9102
,
including
33
but
not
limited
to
the
discharge
of
agricultural
stormwater;
34
the
construction
or
use
of
soil
or
water
quality
conservation
35
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practices
or
structures;
the
preparation
of
agricultural
land
1
and
the
raising,
harvesting,
drying,
or
storage
of
agricultural
2
crops;
the
application
of
a
fertilizer
or
beneficial
substance
3
as
defined
in
section
200.3
,
pesticides
a
pesticide
as
defined
4
in
section
206.2
,
or
manure
as
defined
in
section
459.102
;
the
5
installation
and
use
of
agricultural
drainage
tile
and
systems;
6
the
construction,
operation,
or
management
of
an
animal
feeding
7
operation
as
defined
in
section
459.102
;
and
the
care,
feeding,
8
or
watering
of
livestock.
9
PART
B
10
APPLICATION
OF
PESTICIDES
——
CERTIFICATION
11
Sec.
28.
Section
206.5,
subsection
7,
paragraph
b,
12
subparagraph
(1),
Code
2025,
is
amended
to
read
as
follows:
13
(1)
The
department
shall
may
adopt
by
rule
criteria
for
14
allowing
a
person
required
to
be
certified
to
complete
either
15
a
written
or
oral
examination.
16
DIVISION
II
17
ANIMAL
HEALTH
18
PART
A
19
CONTROL
OF
INFECTIOUS
OR
CONTAGIOUS
DISEASES
AFFLICTING
ANIMALS
20
Sec.
29.
Section
163.1,
subsection
1,
Code
2025,
is
amended
21
by
striking
the
subsection.
22
Sec.
30.
Section
163.1,
subsection
3,
Code
2025,
is
amended
23
to
read
as
follows:
24
3.
Determine
and
employ
the
most
efficient
and
practical
25
means
for
the
identification
and
control
of
an
infectious
or
26
contagious
disease
afflicting
animals
that
may
threaten
or
27
actually
threatens
animals
in
this
state
.
28
Sec.
31.
NEW
SECTION
.
163.2B
Rules.
29
1.
The
department
shall
adopt
rules
pursuant
to
chapter
17A
30
to
administer
and
enforce
this
chapter.
31
2.
If
the
department
determines
that
rules
described
in
32
subsection
1
are
required
to
be
adopted
and
take
effect
on
33
an
emergency
basis
to
prevent
or
control
the
outbreak
of
an
34
infectious
or
contagious
disease
afflicting
animals,
the
35
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department
may
adopt
emergency
rules
under
section
17A.4,
1
subsection
3,
and
section
17A.5,
subsection
2,
paragraph
“b”
,
2
to
administer
and
enforce
this
chapter.
The
rules
shall
be
3
effective
immediately
upon
filing
unless
a
later
date
is
4
specified
in
the
rules.
Any
rules
adopted
in
accordance
with
5
this
subsection
shall
also
be
published
as
a
notice
of
intended
6
action
as
provided
in
section
17A.4.
7
Sec.
32.
CODE
EDITOR
DIRECTIVE.
8
1.
The
Code
editor
is
directed
to
make
the
following
9
transfers:
10
a.
Section
163.2A
to
section
163.3.
11
b.
Section
163.2B
to
section
163.2A.
12
2.
The
Code
editor
shall
correct
internal
references
in
the
13
Code
and
in
any
enacted
legislation
as
necessary
due
to
the
14
enactment
of
this
section.
15
Sec.
33.
DIRECTIONS
TO
CODE
EDITOR.
The
Code
editor
is
16
directed
to
arrange
the
provisions
of
chapter
163,
subchapter
17
I,
parts
1
and
2,
as
amended
or
enacted
in
this
division
of
this
18
Act,
into
the
following
parts:
19
1.
Part
1,
including
sections
163.1
through
163.2A.
20
2.
Part
2,
including
sections
163.3
through
163.5.
21
PART
B
22
PRACTICE
OF
VETERINARY
MEDICINE
23
Sec.
34.
Section
169.5,
subsection
9,
Code
2025,
is
amended
24
to
read
as
follows:
25
9.
A
person
who
provides
veterinary
medical
services,
26
owns
a
veterinary
clinic,
or
practices
in
this
state
shall
27
obtain
a
certificate
from
the
board
and
be
subject
to
the
same
28
standards
of
conduct,
as
provided
in
this
chapter
and
rules
29
adopted
by
the
board,
as
apply
to
a
licensed
veterinarian,
30
unless
the
board
determines
that
the
same
standards
of
31
conduct
are
inapplicable.
The
board
shall
issue,
renew,
or
32
deny
a
certificate;
adopt
rules
relating
to
the
standards
of
33
conduct;
and
take
disciplinary
action
against
the
person,
34
including
suspension
or
revocation
of
a
certificate,
in
35
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accordance
with
the
procedures
established
in
section
169.14
.
1
Certification
fees
shall
be
established
by
the
board
pursuant
2
to
subsection
7
,
paragraph
“j”
.
Fees
Certification
fees
3
shall
be
established
in
an
amount
sufficient
to
fully
offset
4
the
costs
of
certification
pursuant
to
this
subsection
.
F
or
5
the
fiscal
year
beginning
July
1,
2001,
and
ending
June
30,
6
2002,
the
department
shall
retain
fees
collected
to
administer
7
the
program
of
certifying
veterinary
clinics
and
the
fees
8
retained
are
appropriated
to
the
department
for
the
purposes
9
of
this
subsection
.
For
the
fiscal
year
beginning
July
1,
10
2001,
and
ending
June
30,
2002,
notwithstanding
section
8.33
,
11
fees
which
remain
unexpended
at
the
end
of
the
fiscal
year
12
shall
not
revert
to
the
general
fund
of
the
state
but
shall
be
13
available
for
use
for
the
following
fiscal
year
to
administer
14
the
program.
For
the
fiscal
year
beginning
July
1,
2002,
and
15
succeeding
fiscal
years,
certification
Certification
fees
16
shall
be
deposited
in
the
general
fund
of
the
state
and
are
17
appropriated
to
the
department
to
administer
the
certification
18
provisions
of
this
subsection
.
This
subsection
shall
not
19
apply
to
an
animal
shelter,
as
defined
in
section
162.2
,
that
20
provides
veterinary
medical
services
to
animals
in
the
custody
21
of
the
shelter.
22
Sec.
35.
Section
169.13,
Code
2025,
is
amended
to
read
as
23
follows:
24
169.13
Discipline
of
licensees.
25
1.
The
board
of
veterinary
medicine,
after
due
notice
and
26
hearing,
may
revoke
or
suspend
a
license
to
practice
veterinary
27
medicine
take
disciplinary
action
against
a
licensee
if
it
28
determines
that
a
veterinarian
licensed
to
practice
veterinary
29
medicine
is
guilty
of
violating
any
of
the
following
acts
or
30
offenses:
grounds
for
discipline
in
this
section.
31
2.
The
board
is
authorized
to
discipline
licensees
in
any
32
of
the
following
ways:
33
a.
Impose
a
civil
penalty
against
the
licensee
in
an
amount
34
not
to
exceed
ten
thousand
dollars.
If
the
board
imposes
a
35
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civil
penalty,
all
of
the
following
apply:
1
(1)
The
collection
of
the
civil
penalty
may
be
enforced
in
2
a
civil
action
brought
by
the
attorney
general
on
behalf
of
the
3
board.
4
(2)
Moneys
collected
in
civil
penalties
shall
be
deposited
5
in
the
general
fund
of
the
state.
6
b.
Revoke
or
suspend
a
license
to
practice
veterinary
7
medicine.
8
3.
Any
of
the
following
actions
or
offenses
constitutes
9
grounds
for
discipline:
10
a.
Knowingly
making
a
misleading,
deceptive,
untrue,
or
11
fraudulent
representation
in
the
practice
of
the
profession.
12
b.
Being
convicted
of
a
felony
in
the
courts
a
court
of
13
this
state
or
another
state,
territory,
or
country.
Conviction
14
as
used
in
this
paragraph
includes
a
conviction
of
an
offense
15
which
if
committed
in
this
state
would
be
deemed
a
felony
16
without
regard
to
its
designation
elsewhere,
or
a
criminal
17
proceeding
in
which
a
finding
or
verdict
of
guilt
is
made
or
18
returned,
but
the
adjudication
or
guilt
is
either
withheld
or
19
not
entered.
A
certified
copy
of
the
final
order
or
judgment
20
of
conviction
or
plea
of
guilty
in
this
state
or
in
another
21
state
is
conclusive
evidence.
22
c.
Violating
a
statute
or
law
of
this
state,
another
state,
23
or
the
United
States,
without
regard
to
its
designation
as
24
either
felony
or
misdemeanor,
which
if
the
statute
or
law
25
relates
to
the
practice
of
veterinary
medicine.
26
d.
Having
the
person’s
license
to
practice
veterinary
27
medicine
revoked
or
suspended,
or
having
other
disciplinary
28
action
taken
by
a
licensing
authority
of
another
state,
29
territory,
or
country.
A
certified
copy
of
the
record
or
30
order
of
the
suspension,
revocation,
or
disciplinary
action
is
31
conclusive
or
prima
facie
evidence.
32
e.
Knowingly
aiding,
assisting,
procuring,
or
advising
a
33
person
to
unlawfully
practice
veterinary
medicine.
34
f.
Being
adjudged
mentally
incompetent
by
a
court
of
35
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competent
jurisdiction.
The
adjudication
shall
automatically
1
suspend
a
license
for
the
duration
of
the
license
unless
the
2
board
orders
otherwise.
3
g.
Being
guilty
of
a
willful
or
repeated
departure
from,
or
4
the
a
failure
to
conform
to,
the
minimal
standard
of
acceptable
5
and
prevailing
practice
of
veterinary
medicine
as
defined
in
6
rules
adopted
by
the
board,
in
which
proceeding
actual
injury
7
to
an
animal
need
not
be
established;
or
the
committing
by
a
8
veterinarian
of
an
act
contrary
to
honesty,
justice,
or
good
9
morals,
whether
the
act
is
committed
in
the
course
of
the
10
practice
or
otherwise,
and
whether
committed
within
or
without
11
this
state.
12
h.
Inability
Demonstrating
an
inability
to
practice
13
veterinary
medicine
with
reasonable
skill
and
safety
by
reason
14
of
illness,
drunkenness,
excessive
use
of
drugs,
narcotics,
15
chemicals,
or
other
type
of
material
or
as
a
result
of
a
mental
16
or
physical
condition.
17
i.
Willful
Having
willfully
or
repeated
violation
of
18
repeatedly
violated
lawful
rules
adopted
by
the
board
or
19
violation
of
a
lawful
order
of
the
board,
previously
entered
by
20
the
board
in
a
disciplinary
hearing.
21
2.
4.
a.
The
board,
upon
probable
cause,
may
compel
a
22
veterinarian
to
submit
to
a
mental
or
physical
examination
by
23
designated
physicians.
Failure
of
a
veterinarian
to
submit
to
24
an
examination
constitutes
an
admission
to
the
allegations
made
25
against
that
veterinarian
and
the
finding
of
fact
and
decision
26
of
the
board
may
be
entered
without
the
taking
of
testimony
27
or
presentation
of
evidence.
At
reasonable
intervals,
a
28
veterinarian
shall
be
afforded
an
opportunity
to
demonstrate
29
that
the
veterinarian
can
resume
the
competent
practice
30
of
veterinary
medicine
with
reasonable
skill
and
safety
to
31
animals.
32
b.
A
person
licensed
to
practice
veterinary
medicine
who
33
makes
application
applies
for
the
renewal
of
the
person’s
34
license
as
required
by
section
169.12
gives
consent
to
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submit
to
a
mental
or
physical
examination
as
provided
by
1
this
paragraph
when
directed
in
writing
by
the
board.
All
2
objections
shall
be
waived
as
to
the
admissibility
of
the
3
examining
physician’s
testimony
or
examination
reports
on
4
the
grounds
that
they
constitute
privileged
communication.
5
The
medical
testimony
or
examination
reports
shall
not
6
be
used
against
a
veterinarian
in
another
proceeding
and
7
are
confidential
except
for
other
actions
filed
against
a
8
veterinarian
to
revoke
or
suspend
that
person’s
license.
9
PART
C
10
COURT-ORDERED
MANAGEMENT
OF
LIVESTOCK
IN
IMMEDIATE
NEED
OF
11
SUSTENANCE
12
Sec.
36.
Section
717.4A,
Code
2025,
is
amended
to
read
as
13
follows:
14
717.4A
Livestock
in
immediate
need
of
sustenance
——
livestock
15
remediation
fund.
16
The
department
may
utilize
the
moneys
deposited
into
the
17
livestock
remediation
fund
pursuant
to
section
459.501
to
pay
18
for
any
expenses
associated
with
providing
sustenance
to
or
19
the
disposition
of
the
livestock
pursuant
to
a
court
order
20
entered
pursuant
to
section
717.3
or
717.5
.
The
department
21
shall
utilize
moneys
from
the
fund
only
to
the
extent
that
the
22
department
determines
that
expenses
cannot
be
timely
paid
by
23
utilizing
the
available
provisions
of
sections
717.4
and
717.5
.
24
The
department
shall
deposit
any
unexpended
and
unobligated
25
moneys
in
the
fund.
The
department
shall
pay
to
the
fund
the
26
proceeds
from
the
disposition
of
the
livestock
and
associated
27
products
less
expenses
incurred
by
the
department
in
providing
28
for
the
sustenance
and
disposition
of
the
livestock,
as
29
provided
in
section
717.5
If
there
are
proceeds
remaining
after
30
the
disposition
of
the
livestock
or
associated
products
and
31
satisfaction
of
the
department’s
expenses,
and
the
department
32
has
utilized
moneys
from
the
livestock
remediation
fund,
the
33
department
shall
repay
the
fund
from
the
proceeds
.
34
Sec.
37.
Section
717.5,
subsection
1,
Code
2025,
is
amended
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by
adding
the
following
new
paragraph:
1
NEW
PARAGRAPH
.
d.
If
the
court
orders
the
disposition
of
2
the
livestock
that
involves
the
livestock’s
sale
or
transfer,
3
the
order
shall
be
deemed
as
occurring
by
a
receiver
appointed
4
pursuant
to
section
680.4.
5
Sec.
38.
Section
717.5,
subsection
3,
Code
2025,
is
amended
6
by
adding
the
following
new
paragraph:
7
NEW
PARAGRAPH
.
d.
If
any
moneys
remain
after
satisfying
the
8
costs
of
the
local
authority
or
department,
such
moneys
shall
9
be
distributed
pursuant
to
the
process
and
priorities
contained
10
in
chapter
680.
11
DIVISION
III
12
AGRICULTURAL
PROCESSING
13
Sec.
39.
NEW
SECTION
.
189A.1A
Objective.
14
1.
It
is
the
objective
of
this
chapter
to
provide
for
meat
15
and
poultry
products
inspection
programs
that
will
impose
and
16
enforce
requirements
with
respect
to
intrastate
operations
17
and
commerce
that
are
at
least
equal
to
those
imposed
and
18
enforced
under
the
federal
Meat
Inspection
Act
and
the
federal
19
Poultry
Products
Inspection
Act
with
respect
to
operations
and
20
transactions
in
interstate
commerce.
21
2.
The
secretary
is
directed
to
administer
this
chapter
22
so
as
to
accomplish
this
objective.
The
bureau
chief
of
the
23
meat
and
poultry
inspection
bureau
shall
be
designated
as
the
24
secretary’s
delegate
to
be
the
appropriate
state
official
to
25
cooperate
with
the
secretary
of
agriculture
of
the
United
26
States
in
administration
of
this
chapter.
27
Sec.
40.
Section
189A.2,
Code
2025,
is
amended
by
adding
the
28
following
new
subsections:
29
NEW
SUBSECTION
.
5A.
“Department”
means
the
department
of
30
agriculture
and
land
stewardship.
31
NEW
SUBSECTION
.
29A.
“Secretary”
means
the
secretary
of
32
agriculture.
33
Sec.
41.
Section
189A.3,
Code
2025,
is
amended
to
read
as
34
follows:
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189A.3
License
——
fee.
1
1.
a.
A
person
shall
not
operate
an
establishment
without
2
first
obtaining
a
license
from
the
department.
3
b.
Paragraph
“a”
does
not
apply
to
any
of
the
following:
4
(1)
A
food
establishment
as
defined
in
section
137F.1
.
5
(2)
A
home
food
processing
establishment
as
defined
in
6
section
137D.1.
7
(2)
(3)
A
person
who
slaughters,
processes,
or
prepares
8
livestock
or
poultry
of
the
person’s
own
raising,
exclusively
9
for
the
person’s
household,
nonpaying
guests,
or
nonpaying
10
employees.
11
2.
a.
The
license
fee
for
each
establishment
per
year
or
12
any
part
of
a
year
shall
be
as
follows
:
13
a.
(1)
For
all
meat
and
poultry
slaughtered
or
otherwise
14
prepared
not
exceeding
twenty
thousand
pounds
per
year
for
15
sale,
resale,
or
custom,
twenty-five
fifty
dollars.
16
b.
(2)
For
all
meat
and
poultry
slaughtered
or
otherwise
17
prepared
in
excess
of
twenty
thousand
pounds
per
year
for
sale,
18
resale,
or
custom,
fifty
one
hundred
dollars.
19
b.
A
license
fee
collected
by
the
department
shall
be
20
retained
by
the
department
as
appropriated
receipts
for
21
administration
of
this
chapter.
22
3.
a.
The
moneys
shall
be
deposited
with
the
department.
23
The
A
license
year
shall
be
from
July
1
to
June
30
shall
expire
24
on
July
1
of
each
odd-numbered
year
.
Applications
25
b.
An
application
for
licenses
a
license
shall
be
in
writing
26
on
forms
a
form
prescribed
by
the
department.
27
4.
It
is
the
objective
of
this
chapter
to
provide
for
meat
28
and
poultry
products
inspection
programs
that
will
impose
and
29
enforce
requirements
with
respect
to
intrastate
operations
30
and
commerce
that
are
at
least
equal
to
those
imposed
and
31
enforced
under
the
federal
Meat
Inspection
Act
and
the
federal
32
Poultry
Products
Inspection
Act
with
respect
to
operations
33
and
transactions
in
interstate
commerce;
and
the
secretary
34
is
directed
to
administer
this
chapter
so
as
to
accomplish
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this
purpose.
A
director
of
the
meat
and
poultry
inspection
1
service
shall
be
designated
as
the
secretary’s
delegate
to
be
2
the
appropriate
state
official
to
cooperate
with
the
secretary
3
of
agriculture
of
the
United
States
in
administration
of
this
4
chapter
.
5
Sec.
42.
Section
189A.4,
subsection
1,
unnumbered
paragraph
6
1,
Code
2025,
is
amended
to
read
as
follows:
7
In
order
to
accomplish
the
objectives
objective
of
this
8
chapter
,
the
secretary
may
exempt
the
following
types
of
9
operations
from
inspection:
10
Sec.
43.
Section
189A.5,
subsection
2,
unnumbered
paragraph
11
1,
Code
2025,
is
amended
to
read
as
follows:
12
In
order
to
accomplish
the
objectives
objective
stated
13
in
section
189A.3
189A.1A,
the
secretary
shall
do
any
of
the
14
following
:
15
Sec.
44.
Section
189A.7,
unnumbered
paragraph
1,
Code
2025,
16
is
amended
to
read
as
follows:
17
In
order
to
accomplish
the
objective
stated
in
section
18
189A.3
189A.1A,
the
secretary
may
do
any
of
the
following
:
19
EXPLANATION
20
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
21
the
explanation’s
substance
by
the
members
of
the
general
assembly.
22
GENERAL.
This
bill
provides
for
the
administration
of
a
23
number
of
programs
and
regulations
relating
to
agriculture,
24
including
crop
production,
and
specifically
the
application
of
25
soil
inputs
such
as
fertilizers
and
soil
conditioners
(Code
26
chapters
200
and
200A)
and
pesticides
(Code
chapter
206);
27
animal
health,
and
specifically
the
control
of
infectious
or
28
contagious
diseases
afflicting
animals
(Code
chapter
163),
the
29
practice
of
veterinary
medicine
(Code
chapter
169),
and
the
30
court-ordered
management
of
livestock
in
immediate
need
of
31
sustenance
(Code
chapter
717);
and
agricultural
processing,
and
32
specifically
the
slaughter
and
processing
of
meat
and
poultry
33
products
(Code
chapter
189A).
34
CROP
PRODUCTION
——
APPLICATION
OF
NUTRIENTS
——
BACKGROUND.
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The
department
of
agriculture
and
land
stewardship
(DALS)
1
regulates
the
composition
of
soil
inputs,
including
nutrients
2
such
as
fertilizers
which
are
manufactured
to
achieve
optimum
3
plant
growth
under
the
Iowa
fertilizer
law
(Code
section
4
200.1),
which
includes
a
number
of
definitions
(Code
section
5
200.3).
DALS
also
regulates
fertilizing
material
which
is
6
a
substance
used
to
compound
a
fertilizer,
and
a
commercial
7
fertilizer
which
refers
to
a
fertilizer,
fertilizing
material,
8
and
a
fertilizer-pesticide
mixture.
A
secondary
input
is
9
referred
to
as
a
soil
conditioner
which
is
a
substance
other
10
than
a
fertilizer
that
improves
the
condition
or
structure
11
of
the
soil
and
is
also
used
to
improve
plant
growth.
DALS
12
licenses
persons
who
manufacture,
offer
for
sale,
sell,
or
13
distribute
a
fertilizer
or
soil
conditioner.
The
person
is
14
also
subject
to
a
license
fee
(Code
section
200.4).
Each
brand
15
or
grade
of
commercial
fertilizer
or
soil
conditioner
must
16
be
registered
with
DALS
(Code
section
200.5).
A
fertilizer
17
or
soil
conditioner
is
subject
to
label
requirements
(Code
18
section
200.6).
DALS
imposes
an
inspection
fee
upon
a
19
licensee
(Code
section
200.8).
DALS
must
sample,
inspect,
20
make
analysis
of,
and
test
a
commercial
fertilizer
or
soil
21
conditioner
distributed
within
the
state
(Code
section
200.10).
22
A
person
is
prohibited
from
manufacturing,
offering
for
sale,
23
or
selling
a
commercial
fertilizer
or
soil
conditioner
that
24
is
injurious
to
crop
growth
or
deleterious
to
the
soil
(Code
25
section
200.11).
A
person
selling
a
commercial
fertilizer
26
or
soil
conditioner
must
identify
substances
promoting
27
its
use
in
a
manner
that
is
not
deceptive
(Code
section
28
200.12).
DALS
must
adopt
rules
regulating
equipment
used
29
in
storing,
handling,
and
transporting
fertilizers
and
soil
30
conditioners
(Code
section
200.14).
DALS
is
authorized
to
31
take
administrative
action
against
a
licensee
or
registrant
32
acting
in
violation
of
the
law,
including
by
canceling
the
33
license
or
registration
(Code
section
200.15),
issuing
a
stop
34
order
(Code
section
200.16),
or
seizing
a
commercial
fertilizer
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or
soil
conditioner
(Code
section
200.17).
A
county,
city,
1
or
other
political
subdivision
is
prohibited
from
passing
or
2
enforcing
local
legislation
that
regulates
the
use,
sale,
3
distribution,
storage,
transportation,
disposal,
formulation,
4
labeling,
registration,
or
manufacture
of
a
fertilizer
or
soil
5
conditioner
(Code
section
200.22).
A
person
registering
a
6
pesticide
must
account
for
formulations
of
a
fertilizer
(Code
7
section
206.12).
A
number
of
Code
sections
include
a
reference
8
to
soil
conditioners:
the
definition
of
agricultural
land
9
for
purposes
of
eminent
domain
(Code
section
6A.21)
and
urban
10
renewal
(Code
section
403.17)
each
include
such
a
reference.
11
A
transportation
regulation
involving
hazardous
materials
12
includes
soil
conditioners
(Code
section
321.1).
A
commodity
13
production
contract
lien
(Code
section
579B.1)
covers
the
use
14
of
a
soil
conditioner.
An
exception
to
the
criminal
offense
15
of
critical
infrastructure
sabotage
includes
the
use
of
a
soil
16
conditioner
(Code
section
716.11).
17
CROP
PRODUCTION
——
APPLICATION
OF
NUTRIENTS
——
BILL.
The
18
bill
replaces
the
term
“soil
conditioner”
with
“beneficial
19
substance”,
which
is
defined
as
a
substance
or
compound
that
20
is
beneficial
to
one
or
more
species
of
plants,
soil,
or
21
media.
“Beneficial
substance”
includes
a
plant
amendment,
22
plant
biostimulant,
plant
inoculant,
soil-amending
ingredient,
23
soil-amending
ingredient
form,
soil
amendment,
soil
inoculant,
24
and
compost.
The
bill
changes
references
to
the
state
chemist
25
to
the
bureau
chief
of
the
Iowa
laboratory
bureau
(Code
26
sections
190C.22
and
200.10).
27
APPLICATION
OF
PESTICIDES
——
CERTIFICATION
——
BACKGROUND.
28
DALS
is
responsible
for
the
administration
and
enforcement
of
29
the
“Pesticide
Act
of
Iowa”
(Code
chapter
206),
which
in
part
30
regulates
the
use
of
a
pesticide
by
a
commercial
applicator,
31
public
applicator,
or
private
applicator
(Code
section
206.2).
32
Generally,
a
person
acting
as
a
commercial
applicator
or
public
33
applicator
must
be
certified
to
apply
any
pesticide,
and
a
34
person
acting
as
a
commercial
applicator,
public
applicator,
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or
private
applicator
(e.g.,
a
farmer)
must
be
certified
to
1
apply
a
restricted
use
pesticide
(Code
section
206.5).
The
2
designation
“restricted
use”
is
determined
by
DALS
(Code
3
section
206.20)
and
is
generally
based
on
a
pesticide
so
4
classified
by
the
United
States
environmental
protection
agency
5
(40
C.F.R.
§152.160
et
seq.).
DALS
is
required
to
administer
6
an
educational
program
in
cooperation
with
the
Iowa
cooperative
7
extension
service
in
agriculture
and
home
economics
of
Iowa
8
state
university
of
science
and
technology.
In
order
to
be
9
certified,
a
person
must
participate
in
the
educational
program
10
by
passing
an
examination
for
an
initial
certification
and
pass
11
an
examination
or
attend
instructional
hours
every
three
years
12
for
the
renewal
of
the
certification
(Code
section
206.5).
13
APPLICATION
OF
PESTICIDES
——
CERTIFICATION
——
BILL.
The
14
bill
removes
a
requirement
that
DALS
adopt
by
rule
criteria
15
allowing
a
person
required
to
be
certified
to
complete
either
a
16
written
or
oral
examination.
The
bill
provides
that
DALS
has
17
discretion
to
adopt
such
rules.
18
ANIMAL
HEALTH
——
CONTROL
OF
INFECTIOUS
OR
CONTAGIOUS
19
DISEASES
AFFLICTING
ANIMALS
——
BACKGROUND.
DALS
is
granted
20
authority
to
provide
for
the
health
of
animals
and
specifically
21
the
control
of
an
infectious
or
contagious
disease
(disease)
22
afflicting
livestock
populations
(Code
chapter
163).
The
term
23
“control”
refers
to
prevention,
suppression,
or
eradication
24
efforts
(Code
section
163.2).
25
ANIMAL
HEALTH
——
CONTROL
OF
INFECTIOUS
OR
CONTAGIOUS
26
DISEASES
AFFLICTING
ANIMALS
——
BILL.
The
bill
provides
that
27
DALS
may
determine
and
employ
the
most
efficient
and
practical
28
means
to
identify
and
control
a
possible,
imminent,
or
actual
29
threat
to
an
animal
population
caused
by
a
disease.
30
The
bill
provides
that
DALS
may
adopt
any
necessary
rules
31
for
the
control
of
an
infectious
disease
affecting
animals
32
within
the
state
by
emergency
rulemaking.
When
a
statute
33
authorizes
emergency
rulemaking,
an
agency
may
adopt
a
rule
34
immediately
without
going
through
the
periods
of
the
rulemaking
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process
known
as
regulatory
analysis
(Code
section
17A.4A)
1
and
notice
of
intended
action
(Code
section
17A.4(3)).
The
2
bill
requires
that
such
emergency
rulemaking
be
“double
3
barreled”.
Under
the
process
known
as
double-barreled
4
rulemaking,
when
an
agency
files
an
emergency
rule,
it
also
5
files
the
same
rule
as
a
notice
of
intended
action
that
will
6
follow
the
regular
rulemaking
process.
Normally,
a
rule
7
cannot
be
effective
prior
to
35
days
after
its
filing
with
the
8
administrative
rules
coordinator
and
publication
in
the
Iowa
9
administrative
bulletin.
Under
emergency
rulemaking,
a
rule
10
can
be
made
effective
on
the
date
of
filing
and
acceptance
11
by
the
administrative
rules
coordinator
or
any
subsequent
12
date,
as
specified
by
the
agency
in
the
filing
(Code
section
13
17A.5(2)(b)(1)).
14
ANIMAL
HEALTH
——
PRACTICE
OF
VETERINARY
MEDICINE
——
15
BACKGROUND.
Veterinarians
are
regulated
by
the
board
of
16
veterinary
medicine
(veterinary
board)
which
is
responsible
17
for
licensing
and
imposing
disciplinary
action,
including
the
18
suspension
or
revocation
of
a
license
for
cause
following
a
19
notice
and
hearing
before
the
veterinary
board.
The
basis
for
20
disciplinary
action
includes
making
a
false
representation,
21
being
convicted
of
a
felony
in
Iowa
or
another
jurisdiction,
22
violating
a
statute
or
law
of
Iowa
or
another
jurisdiction,
23
being
subject
to
disciplinary
action
in
another
state,
24
assisting
in
the
unlawful
practice
of
veterinary
medicine,
25
being
adjudged
as
mentally
incompetent,
failing
to
conform
26
with
an
acceptable
practice
of
veterinary
medicine,
and
being
27
unable
to
practice
veterinary
medicine
with
reasonable
skill
28
and
safety
(amended
Code
section
169.13).
29
ANIMAL
HEALTH
——
PRACTICE
OF
VETERINARY
MEDICINE
——
BILL.
30
The
bill
provides
that,
in
addition
to
imposing
disciplinary
31
action,
the
veterinary
board
may
assess
a
civil
penalty.
32
The
amount
of
the
civil
penalty
cannot
exceed
$10,000
per
33
violation.
The
attorney
general
may
initiate
a
claim
to
34
collect
a
civil
penalty
and
any
amount
collected
must
be
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deposited
in
the
general
fund
of
the
state.
1
ANIMAL
HEALTH
——
COURT-ORDERED
MANAGEMENT
OF
LIVESTOCK
2
IN
IMMEDIATE
NEED
OF
SUSTENANCE
——
BACKGROUND.
DALS
is
3
granted
the
authority
to
petition
a
court
to
conduct
a
hearing
4
regarding
the
condition
of
livestock.
If
the
court
determines
5
that
the
livestock
are
in
immediate
need
of
sustenance,
it
6
must
issue
an
order
directing
DALS
to
assume
supervision
of
7
the
livestock
(Code
section
717.3).
The
order
creates
a
8
super-priority
lien
attached
to
the
livestock,
proceeds
from
9
the
sale
of
livestock,
and
any
associated
unmanufactured
10
products,
for
the
benefit
of
DALS.
DALS
may
also
petition
11
a
court
to
order
the
disposition
of
the
specified
livestock.
12
The
proceeds
from
the
sale
of
the
livestock
are
to
be
used
to
13
reimburse
DALS
according
to
the
lien’s
super-priority
status.
14
DALS
may
also
utilize
moneys
deposited
in
the
livestock
15
remediation
fund
(remediation
fund)
(Code
section
459.501)
16
to
pay
for
costs
of
providing
for
sustenance
to
livestock
as
17
provided
in
the
court
order
(Code
section
717.4A).
18
ANIMAL
HEALTH
——
COURT-ORDERED
MANAGEMENT
OF
LIVESTOCK
19
IN
IMMEDIATE
NEED
OF
SUSTENANCE
——
BILL.
The
bill
rewrites
20
a
provision
requiring
DALS
to
repay
the
remediation
fund
21
any
proceeds
that
DALS
receives
from
the
disposition
of
the
22
livestock
less
expenses
in
providing
for
the
sustenance
and
23
disposition.
The
bill
provides
that
if
the
court
orders
the
24
disposition
of
the
livestock,
the
order
shall
be
deemed
as
25
acting
in
response
to
a
petition
by
a
receiver
appointed
by
a
26
court
in
Code
chapter
680.
27
AGRICULTURAL
PROCESSING
——
SLAUGHTER
AND
PROCESSING
OF
MEAT
28
AND
POULTRY
PRODUCTS
——
LICENSURE
——
BILL.
The
bill
provides
29
that
a
home
food
processing
establishment
licensed
by
the
30
department
of
inspections,
appeals,
and
licensing
is
exempt
31
from
DALS
licensing
requirements
(Code
chapter
137D).
A
home
32
food
processing
establishment
refers
to
a
residence
in
which
33
homemade
food
items
are
produced
for
sale,
if
consumption
is
34
off
premises
and
its
business
has
gross
annual
sales
of
less
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than
$50,000
(Code
section
137D.1).
The
bill
also
provides
1
that
the
term
of
a
license
issued
by
DALS
to
a
slaughter
and
2
processing
establishment
is
extended
to
a
two-year
period
(from
3
July
1,
2025,
to
June
30,
2027).
The
licensee
fee
is
doubled
4
from
$25
to
$50
and
from
$50
to
$100
to
reflect
the
license’s
5
biennial
term.
DALS
is
required
to
prorate
the
license
fee
6
for
a
new
establishment.
The
bill
makes
various
changes
in
7
terminology
to
improve
readability.
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