Bill Text: IA HF2581 | 2021-2022 | 89th General Assembly | Enrolled
Bill Title: A bill for an act providing for programs and regulations administered and enforced by the department of agriculture and land stewardship, providing fees, providing penalties, and making penalties applicable. (Formerly HF 2572, HF 2439, HSB 673.) Effective date: 07/01/2022.
Spectrum: Committee Bill
Status: (Passed) 2022-06-27 - Fiscal note. [HF2581 Detail]
Download: Iowa-2021-HF2581-Enrolled.html
House
File
2581
-
Enrolled
House
File
2581
AN
ACT
PROVIDING
FOR
PROGRAMS
AND
REGULATIONS
ADMINISTERED
AND
ENFORCED
BY
THE
DEPARTMENT
OF
AGRICULTURE
AND
LAND
STEWARDSHIP,
PROVIDING
FEES,
PROVIDING
PENALTIES,
AND
MAKING
PENALTIES
APPLICABLE.
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
DIVISION
I
CHOOSE
IOWA
PROMOTIONAL
PROGRAM
Section
1.
Section
159.20,
Code
2022,
is
amended
by
adding
the
following
new
subsection:
NEW
SUBSECTION
.
1A.
The
department
shall
establish
and
administer
a
choose
Iowa
promotional
program
as
provided
in
part
2
of
this
subchapter,
in
order
to
provide
consumers
a
choice
in
purchasing
food
items
that
originate
as
an
agricultural
commodity
produced
on
Iowa
farms.
Sec.
2.
NEW
SECTION
.
159.26
Definitions.
As
used
in
this
part:
1.
“Food
item”
means
any
of
the
following:
a.
A
perishable
item
derived
from
an
agricultural
commodity,
or
processed
from
an
agricultural
commodity,
that
is
fit
for
human
consumption.
b.
Honey
produced
from
bees
in
a
managed
beehive.
2.
“Iowa
farm”
means
land
in
this
state
used
to
produce
an
agricultural
commodity.
3.
“Process”
means
to
prepare
a
food
item
in
a
manner
that
allows
it
to
be
fit
for
human
consumption.
House
File
2581,
p.
2
4.
“Program”
means
the
choose
Iowa
promotional
program
established
in
section
159.29.
Sec.
3.
NEW
SECTION
.
159.28
Administration.
The
department
shall
administer
the
provisions
of
this
part,
including
by
adopting
rules
pursuant
to
chapter
17A
as
it
determines
are
necessary
or
desirable.
Sec.
4.
NEW
SECTION
.
159.29
Choose
Iowa
promotional
program.
1.
The
department
shall
establish
and
administer
a
choose
Iowa
promotional
program
to
advertise
for
sale
on
a
retail
basis
a
food
item
that
originates
as
an
agricultural
commodity
produced
on
an
Iowa
farm,
and
that
may
include
any
of
the
following:
a.
An
agricultural
commodity,
except
that
it
may
be
prepared
for
sale
by
washing
or
packaging
in
this
state.
b.
A
product,
if
it
is
processed
in
this
state
and
any
of
its
ingredients
originate
as
an
agricultural
commodity
produced
on
an
Iowa
farm.
2.
a.
The
department
may
adopt
rules
further
defining
an
Iowa
farm
and
describing
how
an
agricultural
commodity
originates
on
an
Iowa
farm.
b.
The
department
may
adopt
rules
providing
for
the
acceptable
use
of
ingredients
originating
from
agricultural
commodities
not
produced
on
Iowa
farms.
In
adopting
the
rules,
the
department
may
consider
whether
the
ingredient
is
an
incidental
additive
or
other
component
that
the
department
determines
is
insignificant.
Sec.
5.
NEW
SECTION
.
159.30
Choose
Iowa
logo.
1.
As
part
of
the
program,
the
department
may
establish
a
choose
Iowa
logo
to
identify
a
food
item
originating
as
an
agricultural
commodity
produced
on
an
Iowa
farm.
2.
The
department
may
register
the
choose
Iowa
logo
as
a
mark
with
the
secretary
of
state
under
chapter
548.
If
allowed
under
federal
law,
the
department
may
also
register
the
logo
as
a
trademark
with
the
United
States
patent
and
trademark
office
or
as
a
copyright
with
the
United
States
copyright
office.
3.
This
section
does
not
require
the
department
to
incorporate
the
name
“choose
Iowa”
as
part
of
a
mark,
trademark,
or
copyright,
if
such
name
is
already
protected
by
House
File
2581,
p.
3
state
or
federal
law.
4.
If
the
department
registers
a
mark
with
the
secretary
of
state,
registers
a
trademark
with
the
United
States
patent
and
trademark
office,
or
registers
a
copyright
with
the
United
States
copyright
office
under
this
section,
the
state
of
Iowa
shall
be
named
as
the
owner
of
the
mark,
trademark,
or
copyright.
5.
The
use
of
a
choose
Iowa
logo
does
not
do
any
of
the
following:
a.
Provide
an
express
or
implied
guarantee
or
warranty
concerning
the
safety,
fitness,
merchantability,
or
use
of
a
food
item.
b.
Supersede,
revise,
or
replace
a
state
or
federal
labeling
requirement,
including
but
not
limited
to
a
provision
in
the
federal
Fair
Packaging
and
Labeling
Act,
15
U.S.C.
§1451
et
seq.
c.
Indicate
the
grade,
specification,
standard,
or
value
of
any
food
item.
Sec.
6.
NEW
SECTION
.
159.31
Choose
Iowa
licensing
agreement
——
fees.
1.
A
person
may
apply
to
the
department
to
participate
in
the
choose
Iowa
promotional
program
according
to
procedures
established
by
rules
adopted
by
the
department.
The
department
shall
evaluate
and
approve
or
disapprove
applications
based
on
criteria
established
by
rules
adopted
by
the
department.
The
department
may
disapprove
an
application
if
the
department
determines
the
applicant’s
use
of
the
choose
Iowa
logo
would
be
associated
with
the
consumption
of
an
adulterated
or
illegal
food
item.
2.
The
department
may
enter
into
a
licensing
agreement
with
a
person
participating
in
the
program.
The
participating
person
may
use
the
choose
Iowa
logo
to
advertise
a
food
item
originating
as
an
agricultural
commodity
produced
on
an
Iowa
farm,
subject
to
terms
and
conditions
required
by
rules
adopted
by
the
department.
A
licensing
agreement
shall
not
be
for
more
than
one
year.
3.
The
department
shall
establish
application
and
license
fees
by
rules
adopted
by
the
department.
Sec.
7.
NEW
SECTION
.
159.31A
Choose
Iowa
fund.
House
File
2581,
p.
4
1.
A
choose
Iowa
fund
is
established
in
the
state
treasury
under
the
management
and
control
of
the
department.
2.
The
fund
shall
include
moneys
collected
as
fees
by
the
department
as
provided
in
section
159.31,
moneys
appropriated
by
the
general
assembly,
and
other
moneys
available
to
and
obtained
or
accepted
by
the
department,
including
moneys
from
public
or
private
sources.
3.
Moneys
in
the
fund
are
appropriated
to
the
department
and
shall
be
used
exclusively
to
carry
out
the
provisions
of
this
part
as
determined
and
directed
by
the
department,
and
shall
not
require
further
special
authorization
by
the
general
assembly.
4.
a.
Notwithstanding
section
12C.7,
interest
or
earnings
on
moneys
in
the
fund
shall
be
credited
to
the
fund.
b.
Notwithstanding
section
8.33,
moneys
in
the
fund
that
remain
unencumbered
or
unobligated
at
the
end
of
a
fiscal
year
shall
not
revert.
Sec.
8.
DIRECTIONS
TO
CODE
EDITOR
——
TRANSFER.
1.
The
Code
editor
is
directed
to
make
the
following
transfer:
Section
159.27
to
section
159.25.
2.
The
Code
editor
shall
correct
internal
references
in
the
Code
and
in
any
enacted
legislation
as
necessary
due
to
the
enactment
of
this
section.
Sec.
9.
DIRECTIONS
TO
CODE
EDITOR
——
PARTS.
The
Code
editor
is
directed
to
divide
the
provisions
in
chapter
159,
subchapter
II,
as
amended,
enacted,
or
transferred
in
this
division
of
this
Act,
into
parts
as
follows:
1.
Part
1,
including
sections
159.20
through
159.25.
2.
Part
2,
including
sections
159.26
through
159.31A.
DIVISION
II
REGULATION
OF
PESTICIDES
Sec.
10.
Section
206.12,
subsection
3,
Code
2022,
is
amended
to
read
as
follows:
3.
The
registrant,
before
selling
or
offering
for
sale
any
pesticide
for
use
in
this
state,
shall
register
each
brand
and
grade
of
such
pesticide
with
the
secretary
upon
forms
furnished
by
the
secretary,
and
the
secretary
shall
set
the
registration
fee
annually
at
one-fifth
of
one
percent
of
gross
sales
within
House
File
2581,
p.
5
this
state
with
a
minimum
fee
of
two
hundred
fifty
dollars
and
a
maximum
fee
of
three
thousand
hundred
dollars
for
each
and
every
brand
and
grade
to
be
offered
for
sale
in
this
state
except
as
otherwise
provided
.
The
annual
registration
fee
for
products
with
gross
annual
sales
in
this
state
of
less
than
one
million
five
hundred
thousand
dollars
shall
be
the
greater
of
two
hundred
fifty
dollars
or
one-fifth
of
one
percent
of
the
gross
annual
sales
as
established
by
affidavit
of
the
registrant.
The
secretary
shall
adopt
by
rule
exemptions
to
the
minimum
fee.
Fifty
dollars
of
each
fee
collected
shall
be
deposited
in
the
general
fund
of
the
state,
shall
be
subject
to
the
requirements
of
section
8.60
,
and
shall
be
used
only
for
the
purpose
of
enforcing
the
provisions
of
this
chapter
and
the
remainder
of
each
fee
collected
shall
be
placed
in
the
agriculture
management
account
of
the
groundwater
protection
fund.
Sec.
11.
Section
206.19,
subsection
5,
paragraph
b,
Code
2022,
is
amended
to
read
as
follows:
b.
The
amount
of
the
civil
penalty
that
may
be
assessed
for
each
violation
committed
by
a
commercial
applicator
or
private
applicator
shall
not
exceed
five
hundred
dollars
for
each
offense
.
DIVISION
III
REGULATION
OF
MOTOR
FUELS
Sec.
12.
Section
214A.1,
subsections
2,
5,
and
13,
Code
2022,
are
amended
to
read
as
follows:
2.
“
A.S.T.M.
ASTM
international”
means
the
American
society
for
testing
and
materials
international.
5.
“Biodiesel”
means
a
renewable
fuel
comprised
of
mono-alkyl
esters
of
long-chain
fatty
acids
derived
from
vegetable
oils
or
animal
fats,
which
is
manufactured
by
the
use
of
a
transesterification
reaction,
and
which
meets
the
standards
provided
in
section
214A.2
.
13.
“E-85
gasoline”
or
“E-85”
means
ethanol
blended
gasoline
formulated
with
a
percentage
of
between
seventy
sixty-eight
and
eighty-five
eighty-three
percent
by
volume
of
ethanol,
if
the
formulation
excludes
a
denaturant,
and
which
meets
the
standards
provided
in
section
214A.2
.
Sec.
13.
NEW
SECTION
.
214A.1A
Administration
and
House
File
2581,
p.
6
enforcement.
This
chapter
shall
be
administered
and
enforced
by
the
department
which
may
adopt
rules
under
chapter
17A
to
carry
out
the
provisions
of
this
chapter.
Sec.
14.
Section
214A.2,
Code
2022,
is
amended
to
read
as
follows:
214A.2
Tests
and
standards
Standards
and
classifications
.
1.
a.
The
department
shall
adopt
rules
pursuant
to
chapter
17A
for
carrying
out
this
chapter
.
The
rules
may
include
but
are
not
limited
to
specifications
establishing
departmental
standards
relating
to
motor
fuel,
including
but
not
limited
to
renewable
fuel
such
as
ethanol
blended
gasoline,
biobutanol
blended
gasoline,
biodiesel,
biodiesel
blended
fuel,
fuels
and
motor
fuel
components
such
as
an
oxygenate
.
b.
In
the
interest
of
uniformity,
the
department
shall
adopt
by
reference
other
in
part
or
in
whole,
as
some
of
its
departmental
standards
described
in
paragraph
“a”
,
applicable
specifications
relating
to
tests
and
standards
for
motor
fuel,
including
renewable
fuel
and
motor
fuel
components,
adopted
by
ASTM
international
and
applicable
requirements
established
by
the
United
States
environmental
protection
agency
and
A.S.T.M.
international
.
2.
Octane
number
shall
conform
to
the
average
of
values
obtained
from
the
A.S.T.M.
ASTM
international
D2699
research
method
and
the
A.S.T.M.
ASTM
international
D2700
motor
method.
a.
Octane
number
for
regular
grade
unleaded
gasoline
shall
follow
the
specifications
of
A.S.T.M.
ASTM
international
but
shall
not
be
less
than
eighty-seven.
b.
Octane
number
for
premium
grade
unleaded
gasoline
shall
follow
the
specifications
of
A.S.T.M.
ASTM
international
but
shall
not
be
less
than
ninety
ninety-one
.
3.
a.
For
motor
fuel
advertised
for
sale
or
sold
as
gasoline
by
a
dealer,
the
motor
fuel
must
meet
requirements
for
that
type
of
motor
fuel
and
its
additives
established
by
the
United
States
environmental
protection
agency
including
as
provided
under
42
U.S.C.
§7545.
b.
If
the
motor
fuel
is
advertised
for
sale
or
sold
as
ethanol
blended
gasoline,
the
motor
fuel
must
comply
with
meet
departmental
standards
which
shall
meet
all
of
the
following
House
File
2581,
p.
7
requirements
including
as
follows
:
(1)
Ethanol
must
be
an
agriculturally
derived
ethyl
alcohol
that
meets
A.S.T.M.
departmental
standards
based
in
part
or
in
whole
on
ASTM
international
specification
D4806
for
denatured
fuel
ethanol
for
blending
with
gasoline
for
use
as
automotive
spark-ignition
engine
fuel,
or
a
successor
A.S.T.M.
ASTM
international
specification,
as
established
by
rules
adopted
by
the
department
rule
.
(2)
Gasoline
blended
with
ethanol
must
meet
requirements
established
by
rules
adopted
departmental
standards
based
in
part
or
in
whole
based
on
A.S.T.M.
ASTM
international
specification
D4814
,
or
a
successor
ASTM
international
specification,
established
by
rule
.
(3)
(a)
For
ethanol
blended
gasoline,
at
least
nine
percent
by
volume
must
be
fuel
grade
ethanol.
In
addition,
the
following
applies:
(a)
(b)
For
the
period
beginning
on
September
16
and
ending
on
May
31
of
each
year,
the
state
grants
a
waiver
of
one
pound
per
square
inch
from
the
A.S.T.M.
ASTM
international
D4814
specification
for
Reid
vapor
pressure
requirement
,
or
a
successor
ASTM
international
specification,
established
by
rule
.
(b)
For
the
period
beginning
on
June
1
and
ending
on
September
15
of
each
year
the
United
States
environmental
protection
agency
must
grant
a
one
pound
per
square
inch
waiver
for
ethanol
blended
conventional
gasoline
with
at
least
nine
but
not
more
than
ten
percent
by
volume
of
ethanol
pursuant
to
40
C.F.R.
§80.27
.
(4)
For
standard
ethanol
blended
gasoline,
it
must
be
ethanol
blended
gasoline
classified
as
any
of
the
following:
(a)
From
E-9
up
to
but
not
higher
than
E-15,
if
the
ethanol
blended
gasoline
meets
the
departmental
standards
for
that
classification
as
otherwise
provided
in
this
paragraph
“b”
.
(b)
Higher
than
E-15
but
not
E-85
gasoline
,
if
the
classification
is
authorized
by
the
department
pursuant
to
approval
for
the
use
of
that
classification
of
ethanol
blended
gasoline
in
this
state
by
the
United
States
environmental
protection
agency,
by
granting
a
waiver
or
the
adoption
of
regulations.
House
File
2581,
p.
8
(5)
E-85
gasoline
must
be
an
agriculturally
derived
ethyl
alcohol
that
meets
A.S.T.M.
departmental
standards
based
in
part
or
in
whole
on
ASTM
international
specification
D5798,
described
as
a
fuel
blend
for
use
in
ground
vehicles
with
automotive
spark-ignition
engines,
or
a
successor
A.S.T.M.
ASTM
international
specification,
as
established
by
rules
adopted
by
the
department
rule
.
c.
If
the
motor
fuel
is
advertised
for
sale
or
sold
as
biobutanol
blended
gasoline,
the
motor
fuel
must
comply
with
meet
departmental
standards
which
shall
meet
all
of
the
following
requirements
as
follows
:
(1)
Biobutanol
must
be
an
agriculturally
derived
isobutyl
or
n-butyl
alcohol
that
meets
A.S.T.M.
ASTM
international
specification
D7862
for
butanol
for
blending
with
gasoline
for
use
as
automotive
spark-ignition
engine
fuel,
or
a
successor
A.S.T.M.
ASTM
international
specification,
as
established
by
rules
adopted
by
the
department
rule
.
(2)
Gasoline
blended
with
biobutanol
must
meet
requirements
established
by
rules
adopted
departmental
standards
based
in
part
or
in
whole
based
on
A.S.T.M.
ASTM
international
specification
D4814
,
or
a
successor
ASTM
international
specification,
established
by
rule
.
4.
a.
For
motor
fuel
advertised
for
sale
or
sold
as
diesel
fuel
by
a
dealer,
the
motor
fuel
must
meet
requirements
for
that
type
of
motor
fuel
and
its
additives
established
by
the
United
States
environmental
protection
agency
including
as
provided
under
42
U.S.C.
§7545.
b.
If
the
motor
fuel
is
advertised
for
sale
or
sold
as
biodiesel
or
biodiesel
blended
fuel,
the
motor
fuel
must
comply
with
meet
departmental
standards
which
shall
comply
with
based
in
part
or
in
whole
on
specifications
adopted
by
A.S.T.M.
ASTM
international
for
biodiesel
or
biodiesel
blended
fuel,
to
every
extent
applicable
,
as
determined
by
rules
adopted
by
the
department.
the
department,
subject
to
the
following:
(1)
Biodiesel
must
conform
to
A.S.T.M.
meet
departmental
standards
based
in
whole
or
in
part
on
ASTM
international
specification
D6751
,
or
a
successor
A.S.T.M.
ASTM
international
specification
,
as
established
by
rules
adopted
by
the
department
rule
.
The
specification
shall
apply
to
biodiesel
House
File
2581,
p.
9
before
it
leaves
its
place
of
manufacture.
(2)
At
least
one
five
percent
of
biodiesel
blended
fuel
by
volume
must
be
biodiesel.
(3)
The
biodiesel
may
be
blended
with
diesel
fuel
whose
sulfur,
aromatic,
lubricity,
and
cetane
levels
do
not
comply
with
A.S.T.M.
ASTM
international
specification
D975
grades
1-D
or
2-D,
low
sulfur
1-D
or
2-D,
or
ultra-low
sulfur
grades
1-D
or
2-D,
provided
that
the
finished
biodiesel
blended
fuel
meets
A.S.T.M.
international
specification
D975
or
a
successor
A.S.T.M.
international
specification
as
established
by
rules
adopted
by
the
department
departmental
standards
as
required
in
subparagraph
(1)
.
(4)
Biodiesel
blended
fuel
classified
as
B-6
or
higher
but
not
higher
than
B-20
must
conform
to
A.S.T.M.
meet
departmental
standards
based
in
whole
or
in
part
on
ASTM
international
specification
D7467
,
or
a
successor
A.S.T.M.
ASTM
international
specification
,
as
established
by
rules
adopted
by
the
department
rule
.
5.
Motor
fuel
shall
be
classified
as
follows:
a.
(1)
Ethanol
shall
be
classified
as
E-100.
(2)
Ethanol
blended
gasoline
formulated
with
a
percentage
of
between
sixty-eight
and
eighty-three
percent
by
volume
of
ethanol
shall
be
classified
as
E-85.
(3)
Ethanol
blended
gasoline
,
other
than
ethanol
blended
gasoline
classified
as
E-85,
shall
be
designated
classified
as
E-xx
where
“xx”
is
the
volume
percent
of
ethanol
in
the
ethanol
blended
gasoline.
b.
(1)
Biobutanol
shall
be
classified
as
Bu-100.
(2)
Biobutanol
blended
gasoline
shall
be
designated
classified
as
Bu-xx
where
“xx”
is
the
volume
percent
of
biobutanol
in
the
biobutanol
blended
gasoline.
c.
(1)
Biodiesel
shall
be
classified
as
B-100.
(2)
Biodiesel
blended
fuel
shall
be
designated
classified
as
B-xx
where
“xx”
is
the
volume
percent
of
biodiesel.
6.
Motor
fuel
shall
not
contain
more
than
trace
amounts
of
MTBE,
as
provided
in
section
214A.18
.
Sec.
15.
Section
214A.2A,
subsection
1,
Code
2022,
is
amended
to
read
as
follows:
1.
Fuel
which
is
sold
or
is
kept,
offered,
or
exposed
for
House
File
2581,
p.
10
sale
as
kerosene
shall
be
labeled
as
kerosene.
The
label
shall
include
the
word
“kerosene”
or
the
designation
“K1
kerosene”,
and
shall
indicate
that
the
kerosene
is
in
compliance
with
the
standard
specification
adopted
by
A.S.T.M.
ASTM
international
specification
D3699
(1982)
,
or
a
successor
ASTM
international
specification,
established
by
rules
adopted
by
the
department
.
Sec.
16.
Section
214A.2B,
Code
2022,
is
amended
to
read
as
follows:
214A.2B
Laboratory
for
motor
fuel
and
biofuels.
A
laboratory
for
motor
fuel
and
biofuels
is
established
at
a
community
college
which
is
engaged
in
biofuels
testing
on
July
1,
2007,
and
which
testing
includes
but
is
not
limited
to
B-20
biodiesel
fuel
testing
for
motor
trucks
and
the
ability
of
biofuels
to
meet
A.S.T.M.
ASTM
international
standards.
The
laboratory
shall
conduct
testing
of
motor
fuel
sold
in
this
state
and
biofuel
which
is
blended
in
motor
fuel
in
this
state
to
ensure
that
the
motor
fuel
or
biofuels
meet
the
requirements
in
section
214A.2
.
Sec.
17.
Section
214A.3,
Code
2022,
is
amended
to
read
as
follows:
214A.3
Advertising.
1.
For
all
motor
fuel,
a
A
person
shall
not
knowingly
do
any
of
the
following:
a.
1.
Advertise
the
for
sale
of
any
motor
fuel
which
that
does
not
meet
the
standards
provided
in
section
214A.2
.
b.
2.
Falsely
advertise
for
sale
the
quality
,
type,
or
kind
of
any
motor
fuel
or
a
component
of
motor
fuel.
c.
3.
Add
a
coloring
matter
to
the
motor
fuel
which
misleads
a
person
who
is
purchasing
the
motor
fuel
about
the
quality
of
the
motor
fuel.
4.
Falsely
advertise
for
sale
the
classification
of
a
motor
fuel
as
provided
in
section
214A.2.
2.
For
a
renewable
fuel,
all
of
the
following
apply:
a.
A
person
shall
not
knowingly
falsely
advertise
that
a
motor
fuel
is
a
renewable
fuel
or
is
not
a
renewable
fuel.
b.
(1)
Ethanol
blended
gasoline
sold
by
a
dealer
shall
be
designated
according
to
its
classification
as
provided
in
section
214A.2
.
However,
a
person
advertising
E-9
or
E-10
gasoline
may
only
designate
it
as
ethanol
blended
gasoline.
A
House
File
2581,
p.
11
person
advertising
ethanol
blended
gasoline
formulated
with
a
percentage
of
between
seventy
and
eighty-five
percent
by
volume
of
ethanol
shall
designate
it
as
E-85.
A
person
shall
not
knowingly
falsely
advertise
ethanol
blended
gasoline
by
using
an
inaccurate
designation
in
violation
of
this
subparagraph.
(2)
A
person
shall
not
knowingly
falsely
advertise
biobutanol
blended
gasoline
by
using
an
inaccurate
designation
as
provided
in
section
214A.2
.
(3)
A
person
shall
not
knowingly
falsely
advertise
biodiesel
fuel
by
using
an
inaccurate
designation
as
provided
in
section
214A.2
.
Sec.
18.
Section
214A.5,
subsection
2,
Code
2022,
is
amended
to
read
as
follows:
2.
A
wholesale
dealer
selling
ethanol
blended
gasoline,
biobutanol
blended
gasoline,
or
biodiesel
blended
fuel
to
a
purchaser
shall
provide
the
purchaser
with
a
statement
indicating
its
designation
classification
as
provided
in
section
214A.2
.
The
statement
may
be
on
the
sales
slip
provided
in
this
section
or
a
similar
document,
including
but
not
limited
to
a
bill
of
lading
or
invoice.
Sec.
19.
Section
214A.16,
Code
2022,
is
amended
to
read
as
follows:
214A.16
Notice
of
renewable
fuel
——
decal.
1.
a.
If
ethanol
blended
gasoline
is
sold
from
a
motor
fuel
pump,
the
motor
fuel
pump
shall
have
affixed
a
decal
identifying
the
ethanol
blended
gasoline.
b.
If
the
motor
fuel
pump
dispenses
ethanol
blended
gasoline
classified
as
E-11
to
E-15
for
use
in
gasoline-powered
vehicles
not
required
to
be
flexible
fuel
vehicles,
the
motor
fuel
pump
shall
have
affixed
a
decal
as
prescribed
by
the
United
States
environmental
protection
agency.
c.
1.
a.
If
the
motor
fuel
pump
dispenses
ethanol
blended
gasoline
classified
as
higher
than
standard
ethanol
blended
gasoline
pursuant
to
section
214A.2
is
advertised
for
sale
or
sold
at
a
retail
motor
fuel
site
,
the
motor
fuel
dispenser
dispensing
the
ethanol
blended
gasoline
shall
be
affixed
with
a
decal
shall
contain
language
stating
that
the
classification
of
the
ethanol
blended
gasoline
is
for
use
in
flexible
fuel
vehicles.
House
File
2581,
p.
12
d.
b.
If
biobutanol
blended
gasoline
is
advertised
for
sale
or
sold
from
at
a
retail
motor
fuel
site,
the
motor
fuel
pump,
the
motor
fuel
pump
dispenser
dispensing
the
biobutanol
blended
gasoline
shall
have
be
affixed
with
a
decal
identifying
the
classification
of
biobutanol
blended
gasoline.
e.
If
biodiesel
fuel
is
sold
from
a
motor
fuel
pump,
the
motor
fuel
pump
shall
have
affixed
a
decal
identifying
the
biodiesel
fuel
as
provided
in
16
C.F.R.
pt.
306
.
2.
The
design
and
location
of
the
decal
shall
be
prescribed
by
rules
adopted
by
the
department.
A
decal
identifying
a
renewable
fuel
shall
be
consistent
with
standards
adopted
pursuant
to
section
159A.6
.
The
department
may
approve
an
application
to
place
a
decal
in
a
special
location
on
a
pump
dispenser
or
container
or
use
a
decal
with
special
lettering
or
colors,
if
the
decal
appears
clear
and
conspicuous
to
the
consumer.
The
application
shall
be
made
in
writing
pursuant
to
procedures
adopted
by
the
department.
Sec.
20.
Section
452A.12,
subsection
2,
Code
2022,
is
amended
to
read
as
follows:
2.
A
person
while
transporting
motor
fuel
or
undyed
special
fuel
from
a
refinery
or
marine
or
pipeline
terminal
in
this
state
or
from
a
point
outside
this
state
over
the
highways
of
this
state
in
service
other
than
that
under
subsection
1
shall
carry
in
the
vehicle
a
loading
invoice
showing
the
name
and
address
of
the
seller
or
consignor,
the
date
and
place
of
loading,
and
the
kind
and
quantity
of
motor
fuel
or
special
fuel
loaded,
together
with
invoices
showing
the
kind
and
quantity
of
each
delivery
and
the
name
and
address
of
each
purchaser
or
consignee.
An
invoice
carried
pursuant
to
this
subsection
for
ethanol
blended
gasoline
or
biodiesel
blended
fuel
shall
state
its
designation
classification
as
provided
in
section
214A.2
.
Sec.
21.
Section
455G.31,
subsection
1,
paragraph
b,
Code
2022,
is
amended
to
read
as
follows:
b.
Ethanol
blended
gasoline
shall
be
designated
classified
in
the
same
manner
as
provided
in
section
214A.2
.
DIVISION
IV
IOWA
SHEEP
AND
WOOL
PROMOTION
BOARD
Sec.
22.
Section
182.5,
Code
2022,
is
amended
to
read
as
House
File
2581,
p.
13
follows:
182.5
Composition
of
board.
The
Iowa
sheep
and
wool
promotion
board
established
under
this
chapter
pursuant
to
section
182.4
shall
be
composed
of
nine
producers
,
one
from
each
district
.
The
dean
of
the
college
of
agriculture
and
life
sciences
of
Iowa
state
university
of
science
and
technology
or
the
dean’s
representative
and
the
secretary
or
the
secretary’s
designee
shall
serve
as
ex
officio
nonvoting
members
of
the
board.
The
board
shall
annually
elect
a
chairperson
from
its
membership.
Sec.
23.
Section
182.7,
Code
2022,
is
amended
to
read
as
follows:
182.7
Notice
of
election
for
directors
membership
positions
.
1.
Notice
of
the
initial
election
for
directors
of
membership
positions
on
the
board
shall
be
given
by
the
secretary
by
publication
in
a
newspaper
of
general
circulation
in
the
state
at
least
five
days
prior
to
the
date
of
the
election
and
in
any
other
reasonable
manner
as
determined
by
the
secretary.
The
notice
shall
set
forth
the
period
of
time
for
voting,
voting
places,
and
other
information
as
the
secretary
deems
necessary.
2.
Notice
of
a
subsequent
elections
election
for
the
a
membership
position
for
a
district
on
the
board
shall
be
given
by
the
board
by
publication
in
a
newspaper
of
general
circulation
in
the
district
state
and
in
any
other
reasonable
manner
as
determined
established
by
the
board
and
.
The
notice
shall
set
forth
the
period
of
time
for
voting,
voting
places,
and
other
information
as
the
board
deems
necessary.
Sec.
24.
Section
182.8,
Code
2022,
is
amended
to
read
as
follows:
182.8
Terms.
The
term
of
office
for
members
of
the
board
shall
be
three
years
and
no
member
shall
serve
more
than
two
complete
consecutive
terms
.
The
producers
members
on
the
initial
board
shall
determine
their
terms
by
lot,
so
that
three
producers
members
shall
serve
a
one-year
term,
three
producers
members
shall
serve
a
two-year
term,
and
three
producers
members
shall
serve
a
three-year
term.
A
member
elected
to
the
initial
board
shall
not
serve
more
than
two
complete
consecutive
terms.
A
House
File
2581,
p.
14
member
subsequently
elected
to
the
board
shall
not
serve
more
than
a
certain
number
of
consecutive
terms
if,
and
as
may
be,
established
by
the
board.
Sec.
25.
Section
182.9,
Code
2022,
is
amended
to
read
as
follows:
182.9
Subsequent
membership
——
nominations
——
election.
After
the
appointment
of
the
initial
board,
the
board
shall
administer
subsequent
elections
for
members
of
the
board
with
the
assistance
of
the
secretary.
Before
the
expiration
of
a
member’s
term
of
office,
the
board
shall
appoint
a
nominating
committee
for
the
district
represented
by
the
member.
The
nominating
committee
shall
consist
of
five
producers
who
are
residents
of
the
district
from
which
a
member
must
be
elected.
The
nominating
committee
shall
nominate
two
resident
any
number
of
producers
as
candidates
for
the
membership
position
for
which
an
election
is
to
be
held.
The
board
shall
nominate
candidates
based
on
criteria
established
by
the
board.
Additional
candidates
may
be
nominated
by
a
written
petition
of
signed
by
twenty-five
resident
producers.
The
board
shall
provide
by
rule
and
shall
publish
procedures
governing
the
time
and
place
of
filing
the
nominations
The
petition
shall
be
in
a
form
and
delivered
to
the
board
as
required
by
the
board
.
Sec.
26.
Section
182.10,
Code
2022,
is
amended
to
read
as
follows:
182.10
Vacancies.
The
board
shall
by
appointment
fill
an
unexpired
term
if
a
vacancy
occurs
on
the
board.
The
board
shall
select
an
appointee
shall
be
a
resident
producer
in
the
district
having
a
vacancy
based
on
the
criteria
established
by
the
board
.
DIVISION
V
LOCAL
FOOD
AND
FARM
PROGRAM
Sec.
27.
Section
267A.2,
Code
2022,
is
amended
by
adding
the
following
new
subsection:
NEW
SUBSECTION
.
5.
“Secretary”
means
the
secretary
of
agriculture.
Sec.
28.
Section
267A.3,
subsections
2
and
3,
Code
2022,
are
amended
by
striking
the
subsections
and
inserting
in
lieu
thereof
the
following:
2.
The
council
shall
be
composed
of
the
following
voting
House
File
2581,
p.
15
members:
a.
The
secretary
or
the
secretary’s
designee.
b.
The
following
persons
appointed
by
the
secretary:
(1)
Four
farmers
each
of
whom
shall
produce
an
agricultural
commodity
in
this
state
used
to
prepare
or
process
a
local
food.
A
farmer
must
be
actively
engaged
in
the
production
of
an
agricultural
commodity
that
is
prepared
or
processed
into
the
local
food.
The
secretary
must
appoint
farmers
actively
engaged
in
producing
each
of
the
following:
(a)
Livestock
used
to
produce
meat
products.
(b)
Poultry
used
to
produce
poultry
products.
(c)
Dairy
animals
used
to
produce
milk
and
dairy
products.
(d)
Fruit
or
vegetables
to
be
washed
or
to
be
produced,
cut,
canned,
or
otherwise
processed
into
products.
(2)
Two
managers
of
firms
each
of
whom
shall
represent
different
types
of
processors
of
agricultural
commodities
doing
business
in
this
state.
A
manager
shall
be
actively
engaged
in
the
purchase
of
agricultural
commodities
from
farmers,
the
preparation
or
processing
of
those
commodities
into
local
food,
and
the
resale
of
the
local
food
to
distributors
on
a
wholesale
basis
in
this
state.
The
secretary
must
appoint
managers
actively
engaged
in
the
sale
of
the
following:
(a)
Meat
products,
poultry
products,
or
milk
or
dairy
products.
(b)
Fruits
or
vegetables,
fruit
products,
or
vegetable
products.
(3)
One
manager
of
a
wholesale
distributor
of
local
food
doing
business
in
this
state.
The
manager
must
be
actively
engaged
in
the
purchase
of
local
food
prepared
or
processed
from
agricultural
commodities
by
processors,
and
in
the
marketing
of
local
food
on
a
wholesale
basis
to
food
establishments
in
this
state.
(4)
Three
managers
of
food
establishments
doing
business
in
this
state.
Each
manager
must
be
actively
engaged
in
the
purchase
of
local
food
prepared
or
processed
from
agricultural
commodities
produced
in
this
state,
the
purchase
of
the
local
food
from
wholesale
distributors,
and
the
marketing
or
distribution
of
the
local
food
to
consumers
in
this
state.
The
secretary
must
appoint
managers
actively
engaged
in
the
House
File
2581,
p.
16
operation
of
the
following:
(a)
A
grocery
store.
(b)
A
food
service
provider
distributing
food
to
any
of
the
following:
(i)
Students
attending
a
public
or
private
school
from
kindergarten
through
grade
twelve.
(ii)
Children
attending
a
center
for
early
education.
(c)
A
food
service
provider
distributing
local
food
to
an
institution
not
attended
by
children.
(5)
Two
heads
of
local
or
regional
community
food
organizations
doing
business
in
this
state.
Each
head
must
be
actively
engaged
in
promoting
the
well-being
of
Iowans
through
the
distribution
of
local
food
prepared
or
processed
from
agricultural
commodities
produced
in
this
state.
(6)
An
attorney
practicing
in
areas
of
food
and
agricultural
law.
(7)
An
employee
of
a
government
entity
who
specializes
in
nutrition
programs.
3.
The
secretary
may
invite
interested
organizations
to
submit
nominations
of
candidates
eligible
to
be
appointed
to
the
council.
A
designee
of
the
secretary
or
a
member
appointed
by
the
secretary
serves
at
the
pleasure
of
the
secretary.
Sec.
29.
Section
267A.6,
Code
2022,
is
amended
to
read
as
follows:
267A.6
Local
food
and
farm
program.
1.
The
local
food
and
farm
program
coordinator,
with
advice
from
the
local
food
and
farm
program
council,
shall
develop
and
administer
a
local
food
and
farm
program
necessary
to
carry
out
the
purpose
and
goals
of
this
chapter
as
provided
in
section
267A.1
,
including
but
not
limited
to
by
improving
any
of
the
following:
.
1.
2.
In
administering
the
program,
the
coordinator
may
sponsor
and
fund
projects
that
do
any
of
the
following:
a.
Communication
Improve
communication
and
cooperation
between
and
among
farmers,
food
entrepreneurs,
and
consumers.
2.
b.
Coordination
Improve
communication
between
and
among
government
agencies,
public
universities
and
community
colleges,
organizations,
and
private-sector
firms
working
on
local
food
and
farm-related
issues.
House
File
2581,
p.
17
c.
Demonstrate
the
value
of
processing,
distributing,
and
marketing
local
foods.
A
demonstration
project
must
be
capable
of
being
replicated
on
a
statewide
basis.
______________________________
PAT
GRASSLEY
Speaker
of
the
House
______________________________
JAKE
CHAPMAN
President
of
the
Senate
I
hereby
certify
that
this
bill
originated
in
the
House
and
is
known
as
House
File
2581,
Eighty-ninth
General
Assembly.
______________________________
MEGHAN
NELSON
Chief
Clerk
of
the
House
Approved
_______________,
2022
______________________________
KIM
REYNOLDS
Governor