Bill Text: IA SF2311 | 2011-2012 | 84th General Assembly | Enrolled

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Bill Title: A bill for an act revising provisions affecting the administration of the department of agriculture and land stewardship, including associated regulations and licensing, as it relates to biofuels, weather and market information, internet publications, soil and water conservation, feed, vaccinations, tuberculosis, brucellosis, classical swine fever, Johne's disease, treatment for sheep, branding, manufactured articles, grain, pesticides, coal mining, and weights and measures, making penalties applicable, and including applicability provisions. (Formerly SSB 3140.) Effective 7-1-12.

Spectrum: Committee Bill

Status: (Passed) 2012-04-04 - Message from Senate. H.J. 742. [SF2311 Detail]

Download: Iowa-2011-SF2311-Enrolled.html

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Senate File 2311
AN ACT
REVISING PROVISIONS AFFECTING THE ADMINISTRATION OF
THE DEPARTMENT OF AGRICULTURE AND LAND STEWARDSHIP,
INCLUDING ASSOCIATED REGULATIONS AND LICENSING, AS IT
RELATES TO BIOFUELS, WEATHER AND MARKET INFORMATION,
INTERNET PUBLICATIONS, SOIL AND WATER CONSERVATION, FEED,
VACCINATIONS, TUBERCULOSIS, BRUCELLOSIS, CLASSICAL SWINE
FEVER, JOHNE’S DISEASE, TREATMENT FOR SHEEP, BRANDING,
MANUFACTURED ARTICLES, GRAIN, PESTICIDES, COAL MINING, AND
WEIGHTS AND MEASURES, MAKING PENALTIES APPLICABLE, AND
INCLUDING APPLICABILITY PROVISIONS.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
DIVISION I
GENERAL
Section 1. Section 159.2, subsection 1, Code 2011, is
amended to read as follows:
1. To encourage, promote, and advance the interests of
agriculture, including horticulture, livestock industry,

Senate File 2311, p. 2
dairying, cheese making, poultry raising, biofuels, beekeeping,
production of wool, production of domesticated fur-bearing
animals, and other kindred and allied industries.
Sec. 2. Section 159.5, subsection 4, Code 2011, is amended
to read as follows:
4. Maintain a weather division bureau which shall, in
cooperation with the national weather service, collect
and disseminate weather and phenological statistics and
meteorological data, and promote knowledge of meteorology,
phenology, and climatology of the state. The division bureau
shall be headed by the state climatologist who shall be
appointed by the secretary of agriculture, and shall be an
officer of the national weather service, if one is detailed for
that purpose by the federal government.
Sec. 3. Section 159.5, subsection 5, Code 2011, is amended
by striking the subsection.
Sec. 4. Section 159.5, subsection 7, Code 2011, is amended
to read as follows:
7. Maintain a division of agricultural statistics, which
shall, in cooperation Cooperate with the United States
department of agriculture statistical reporting service, to
gather, compile, and publish statistical information concerning
the condition and progress of crops, the production of crops,
livestock, livestock products, poultry, and other such related
agricultural statistics, as will generally promote knowledge
of the agricultural industry in the state of Iowa. The
statistics, when published, constitute official agricultural
statistics for the state of Iowa. The division is in the
charge of an administrator, who shall be appointed by the
secretary of agriculture and who shall be an officer of the
United States department of agriculture statistical reporting
service, if one is detailed for that purpose by the federal
government.
Sec. 5. Section 159.5, subsection 8, Code 2011, is amended
to read as follows:
8. Establish and maintain a marketing news service division
bureau in the department which shall, in cooperation with the
federal market news and grading division of the United States
department of agriculture, collect and disseminate data and
information relative to the market prices and conditions of
agricultural products raised, produced, and handled in the
state. The division is in the charge of an administrator, who
shall be appointed by the secretary of agriculture and shall be

Senate File 2311, p. 3
an officer of the federal market news and grading division of
the United States department of agriculture, if one is detailed
for that purpose by the federal government.
Sec. 6. Section 159.9, Code 2011, is amended to read as
follows:
159.9 Publication and distribution of rules Internet access
to statutes and rules .
A sufficient number of pamphlets setting forth the The
statutes relating to and rules of adopted by the department
shall be published from time to time to supply the various
needs for the same and shall be furnished to any resident of
the state upon request shall be made available on the internet .
Sec. 7. REPEAL. Section 159.14, Code 2011, is repealed.
DIVISION II
SOIL AND WATER CONSERVATION
Sec. 8. Section 159.8, Code 2011, is amended to read as
follows:
159.8 Comprehensive management plan —— highly erodible acres.
1. The department shall request cooperation from the
federal government, including the United States department
of agriculture consolidated farm service agency and the
United States department of agriculture natural resources
conservation service, to investigate methods to preserve
land which is highly erodible, as provided in the federal
Food Security Act of 1985, 16 U.S.C. § 3801 et seq., for the
purpose of developing with owners of the land a comprehensive
management plan for the land. The plan may be based on the
soil conservation plan of the natural resources conservation
service and may include a farm unit conservation plan and a
comprehensive agreement as provided in chapter 161A . The
extension services at Iowa state university of science and
technology shall cooperate with the department in developing
the comprehensive plan.
2. The investigation shall include methods which help
to preserve highly erodible land from row crop production
through production of alternative commodities, and financial
incentives. The department shall report to the governor and
the general assembly not later than January 15, 1990, of the
department’s progress in the investigation. The department
shall report to the governor and the general assembly not later
than January 15, 1991, on the department’s recommendation for
programs necessary to preserve highly erodible land from injury
or destruction.

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Sec. 9. Section 161A.7, subsection 3, Code 2011, is amended
to read as follows:
3. The commissioners shall , as a condition for the receipt
of any state cost-sharing funds for permanent soil conservation
practices, shall require the owner of the land on which the
practices are to be established to covenant and file, in the
office of the soil and water conservation district of the
county in which the land is located, an agreement identifying
the particular lands upon which the practices for which state
cost-sharing funds are to be received will be established,
and providing that the project will not be removed, altered,
or modified so as to lessen its effectiveness without the
consent of the commissioners, obtained in advance and based on
guidelines drawn up by the state soil conservation committee,
for a period of not to exceed twenty years after the date of
receiving payment. The commissioners shall assist the division
in the enforcement of this subsection . The agreement does not
create a lien on the land, but is a charge personally against
the owner of the land at the time of removal, alteration, or
modification if an administrative order is made under section
161A.61, subsection 3 .
Sec. 10. Section 161A.12, Code 2011, is amended to read as
follows:
161A.12 Statement to department of management.
On or before October 1 next preceding each annual
legislative session, the division department shall submit to
the department of management, on official estimate blanks
furnished for those purposes, statements and estimates of the
expenditure requirements for each fiscal year, and a statement
of the balance of funds, if any, available to the division,
and the estimates of the division as to the sums needed for
the administrative and other expenses of the division for the
purposes of this chapter .
Sec. 11. Section 161A.42, subsection 3, Code 2011, is
amended by striking the subsection.
Sec. 12. Section 161A.42, subsection 7, Code 2011, is
amended to read as follows:
7. “Farm unit soil conservation plan” means a plan jointly
developed by the owner and, if appropriate, the operator
of a farm unit and the commissioners of the soil and water
conservation district within which that farm unit is located,
based on the conservation folder for that farm unit and
identifying those permanent soil and water conservation

Senate File 2311, p. 5
practices and temporary soil and water conservation practices
the use of which may be expected to prevent soil loss by
erosion from that farm unit in excess of the applicable soil
loss limit or limits. The plan shall if practicable identify
alternative practices by which this objective may be attained.
Sec. 13. Section 161A.61, subsection 2, unnumbered
paragraph 1, Code 2011, is amended to read as follows:
Beginning January 1, 1985, or five years after the
completion of the conservation folder for a particular farm
unit pursuant to this section , whichever date is later, the The
commissioners of the soil and water conservation district in
which that farm unit is located may petition the district court
for an appropriate order with respect to that farm unit if its
owner or occupant has been sent a notice by the commissioners
under subsection 1 , paragraph “b” , for three or more consecutive
years. The commissioners’ petition shall seek a court order
which states a time not more than six months after the date of
the order when the owner or occupant must commence, and a time
when the owner or occupant must complete the steps necessary
to comply with the order. The time allowed to complete the
establishment of a temporary soil and water conservation
practice employed to comply or advance toward compliance
with the court’s order shall be not more than one year after
the date of that order, and the time allowed to complete
the establishment of a permanent soil and water conservation
practice employed to comply with the court’s order shall be not
more than five years after the date of that order. Section
161A.48 applies to a court order issued under this subsection .
The steps required of the farm unit owner or operator by the
court order are those which are necessary to do one of the
following:
Sec. 14. Section 161A.62, subsection 1, Code 2011, is
amended by striking the subsection.
Sec. 15. Section 161A.62, subsection 2, Code 2011, is
amended to read as follows:
2. The commissioners of each soil and water conservation
district shall complete preparation of a farm unit soil
conservation plan for each farm unit within the district , not
later than January 1, 1985, or five years after completion of
the conservation folder for that farm unit, whichever date is
later, or as soon thereafter as adequate funding is available
to permit compliance with this requirement.
a. Technical assistance in the development of the farm

Senate File 2311, p. 6
unit soil conservation plan may be provided by the United
States department of agriculture natural resources conservation
service through the memorandum of understanding with the
district or by the department. The commissioners shall make
every reasonable effort to consult with the owner and, if
appropriate, with the operator of that farm unit, and to
prepare the plan in a form which is acceptable to that person
or those persons.
b. The farm unit soil conservation plan shall be drawn
up and completed without expense to the owner or operator of
the farm unit, except that the owner or operator shall not be
reimbursed for the value of the owner’s or occupant’s own time
devoted to participation in the preparation of the plan.
c. If the commissioners’ farm unit soil conservation plan
is unacceptable to the owner or operator of the farm unit,
that person or those persons may prepare an alternative farm
unit soil conservation plan identifying permanent or temporary
soil and water conservation practices which may be expected
to achieve compliance with the soil loss limit or limits
applicable to that farm unit, and submit that plan to the soil
and water conservation district commissioners for their review.
Sec. 16. Section 161A.63, Code 2011, is amended to read as
follows:
161A.63 Right of purchaser of agricultural land to obtain
information.
A prospective purchaser of an interest in agricultural land
located in this state is entitled to obtain from the seller, or
from the office of the soil and water conservation district in
which the land is located, a copy of the most recently updated
conservation folder and of any farm unit soil conservation
plan, developed pursuant to section 161A.62, subsection 2 ,
which are applicable to the agricultural land proposed to
be purchased. A prospective purchaser of an interest in
agricultural land located in this state is entitled to obtain
additional copies of either or both of the documents referred
to in this section from the office of the soil and water
conservation district in which the land is located, promptly
upon request, at a fee not to exceed the cost of reproducing
them. All persons who identify themselves to the commissioners
or staff of a soil and water conservation district as
prospective purchasers of agricultural land in the district
shall be given information, prepared in accordance with rules

Senate File 2311, p. 7
of the department, which clearly explains the provisions of
section 161A.76 .
Sec. 17. Section 161A.73, subsection 2, paragraph b, Code
2011, is amended to read as follows:
b. The allocation of cost-share moneys as financial
incentives to encourage summer construction of permanent soil
and water conservation practices. The practices must be
constructed on or after June 1 15 but not later than September
October 15. The commissioners may also provide for the
payment of moneys on a prorated basis to compensate persons
for the production loss on an area disturbed by construction,
according to rules which shall be adopted by the division. The
commissioners shall not allocate cost-share moneys to support
summer construction during a fiscal year in which applications
for cost-share moneys required to establish permanent soil and
water conservation practices, other than established by summer
construction, equal the total amount available to support the
nonsummer construction practices. The financial incentives
shall not exceed sixty percent of the estimated cost of
establishing the practice as determined by the commissioners,
or sixty percent of the actual cost of establishing the
practice, whichever is less.
Sec. 18. Section 161A.76, subsection 1, Code 2011, is
amended to read as follows:
1. It is the intent of this chapter that , effective January
1, 1981, each tract of agricultural land which has not been
plowed or used for growing row crops at any time within the
prior fifteen years prior to that date , shall for purposes of
this section be considered classified as agricultural land
under conservation cover. If a tract of land so classified
is thereafter plowed or used for growing row crops, the
commissioners of the soil and water conservation district
in which the land is located shall not approve use of state
cost-sharing funds for establishing permanent or temporary
soil and water conservation practices on that tract of land
in an amount greater than one-half the amount of cost-sharing
funds which would be available for that land if it were not
considered classified as agricultural land under conservation
cover. The restriction imposed by this section applies even
if an administrative order or court order has been issued
requiring establishment of soil and water conservation
practices on that land. The commissioners may waive the

Senate File 2311, p. 8
restriction imposed by this section if they determine in
advance that the purpose of plowing or row cropping land
classified as land under conservation cover is to revitalize
permanent pasture and that the land will revert to permanent
pasture within two years after it is plowed.
DIVISION III
ANIMAL HEALTH —— GENERAL
Sec. 19. Section 163.7, Code 2011, is amended to read as
follows:
163.7 State and federal rules.
The rules adopted by the department regarding interstate
shipments of animals shall not be in conflict with the rules
of the federal United States department of agriculture, unless
there is an outbreak of a malignant contagious disease in any
locality, state, or territory, in which event the department
shall have the right to of agriculture and land stewardship may
place an embargo on such locality, state, or territory.
Sec. 20. Section 163.25, Code 2011, is amended to read as
follows:
163.25 Altering certificate.
1. A person shall not remove or alter a tag or mark of
identification appearing on an animal, tested or being tested
for disease, if the tag or mark of identification is authorized
by the department or inserted by any qualified veterinarian.
2. A person shall not alter a falsify any of the following:
a. A certificate of vaccination , issued by a person
authorized to vaccinate the animal.
b. A certificate of veterinary inspection.
Sec. 21. Section 163.26, Code 2011, is amended to read as
follows:
163.26 Definition.
For the purposes of this subchapter , “garbage” means
putrescible animal and vegetable wastes resulting from the
handling, preparation, cooking, and consumption of foods,
including animal carcasses or parts , and . “Garbage” includes
all waste material, by-products of a kitchen, restaurant,
hotel, or slaughterhouse, every refuse accumulation of animal,
fruit, or vegetable matter, liquids or otherwise, except or
grain not consumed, that is collected from hog sales pen
floors in public stockyards and fed under the control of the
department of agriculture and land stewardship . Animals or
parts of animals, which are processed by slaughterhouses or
rendering establishments, and which as part of the processing

Senate File 2311, p. 9
are heated to not less than 212 degrees F. for thirty minutes,
are not garbage for purposes of this chapter .
Sec. 22. Section 163.27, Code 2011, is amended to read as
follows:
163.27 Boiling garbage.
1. It shall be unlawful for any person, firm, partnership,
or corporation to feed garbage Garbage shall not be fed to
animals an animal unless such garbage has been heated to a
temperature of two hundred twelve degrees Fahrenheit for thirty
minutes, or other acceptable method, as provided by rules
promulgated adopted by the department , provided . However, this
requirement shall not apply to an individual who feeds to the
individual’s own animals only the garbage obtained from the
individual’s own household. It shall be unlawful for any
2. A person , firm, partnership, or corporation to shall not
feed any public or commercial garbage to swine after September
1, 1970 .
Sec. 23. Section 163.28, unnumbered paragraph 4, Code 2011,
is amended to read as follows:
The license fee for each processing plant shall be fifty
dollars, except that the first license fee may be prorated on a
monthly basis as prescribed by the department. The secretary
shall not issue a license which would permit the processing of
any garbage for swine feeding after September 1, 1970 .
Sec. 24. Section 163.30, subsection 11, Code Supplement
2011, is amended to read as follows:
11. All Any swine found by a registered veterinarian to have
any infectious or contagious disease after delivery to any a
livestock sale barn or auction market for resale , other than
for slaughter, shall be immediately returned to the consignor’s
premises to be quarantined separate and apart for fifteen
days. Such swine shall not be moved from such premises for
any purpose unless a certificate of veterinary inspection
accompanies the swine’s movement or unless they the swine are
sent to slaughter. This subsection shall in no way supersede
the requirements of sections 163A.2 and 163A.3 .
Sec. 25. Section 163.61, subsection 3, paragraph a, Code
2011, is amended to read as follows:
a. A person who falsifies a certificate of vaccination or
certificate of veterinary inspection shall be subject to a
civil penalty of not more than five thousand dollars for each
reference to an animal falsified on the certificate. However,

Senate File 2311, p. 10
a person who falsifies a certificate issued pursuant to chapter
166D shall be subject to a civil penalty as provided in this
section or section 166D.16 , but not both. A person shall not
be subject to a civil penalty totaling more than twenty-five
thousand dollars for falsifying a certificate, regardless of
the number of animals falsified on the certificate.
DIVISION IV
ANIMAL HEALTH —— BOVINE TUBERCULOSIS
Sec. 26. Section 165.1, Code 2011, is amended to read as
follows:
165.1 Cooperation.
The state department of agriculture and land stewardship
is hereby authorized to cooperate with the federal United
States department of agriculture for the purpose of eradicating
tuberculosis from the dairy and beef breeds of cattle in the
state.
Sec. 27. Section 165.2, Code 2011, is amended to read as
follows:
165.2 State as accredited area.
1. The state of Iowa is hereby declared to be and is hereby
established as an accredited area for the eradication of bovine
tuberculosis from the dairy and breeding cattle of the state.
It shall be the duty of the department of agriculture and
land stewardship to eradicate bovine tuberculosis in all of
the counties of the state in the manner provided by law as it
appears in this chapter . Said The department shall proceed
with the examination, including the tuberculin test, of all
such cattle as rapidly as practicable and as is consistent
with efficient work, and as funds are available for paying the
indemnities as provided by law.
2. An owner of dairy or breeding cattle in the state
shall conform to and abide by the rules laid down adopted by
the department and rules promulgated by the federal United
States department of agriculture and . The owner shall follow
their instructions of the department of agriculture and land
stewardship and the United States department of agriculture
designed to suppress the disease, prevent its spread, and avoid
reinfection of the herd.
Sec. 28. Section 165.3, Code 2011, is amended to read as
follows:
165.3 Appraisal.
Before being tested, such animals shall be appraised

Senate File 2311, p. 11
at their cash value for breeding, dairy, or beef purposes
by the owner and a representative of the department, or a
representative of the federal United States department of
agriculture, or by the owner and both of such representatives.
If these parties cannot agree as to the amount of the
appraisal, there shall be appointed three competent and
disinterested persons, one by the department, one by the owner,
and the third by the first two appointed, to appraise such
animals, which appraisal shall be final. Every appraisal shall
be under oath or affirmation and the expense of the same shall
be paid by the state, except as provided in this chapter .
Sec. 29. Section 165.12, Code 2011, is amended to read as
follows:
165.12 Tuberculosis-free herds.
The department shall establish rules for determining when
a herd of cattle, tested and maintained under the provisions
of this chapter , the laws of the United States, and the rules
of the state department of agriculture and land stewardship
and regulations of the federal United States department of
agriculture, shall be considered as tuberculosis-free. When
any herd meets such requirements , the owner shall be entitled
to a certificate from the department of agriculture and land
stewardship showing that the herd is a tuberculosis-free
accredited herd. Such certificate shall be revoked whenever
the herd no longer meets the necessary requirements for
an accredited herd, but the herd may be reinstated as
an accredited herd upon subsequent compliance with such
requirements.
Sec. 30. Section 165.15, Code 2011, is amended to read as
follows:
165.15 Accredited veterinarian.
An accredited veterinarian is one who has successfully
passed an examination set by the department and the federal
United States department of agriculture and may make tuberculin
tests of accredited herds of cattle under the uniform methods
and rules governing accredited herd work which are approved by
the United States department of agriculture.
DIVISION V
ANIMAL HEALTH —— BRUCELLOSIS
CONTROL IN SWINE
Sec. 31. Section 163A.6, Code 2011, is amended to read as
follows:
163A.6 Exhibition swine.

Senate File 2311, p. 12
All Iowa Any breeding swine four months of age and over
for exhibition within the this state of Iowa shall meet
all requirements for exhibition purposes and shall also be
accompanied by an official brucellosis test report showing the
swine to have been negative to the brucellosis test conducted
within sixty days of date of exhibition unless such swine are
from validated brucellosis-free herds .
Sec. 32. REPEAL. Sections 163A.2, 163A.3, 163A.4, and
163A.11, Code 2011, are repealed.
DIVISION VI
ANIMAL HEALTH —— CLASSICAL SWINE FEVER
Sec. 33. Section 159.6, subsection 4, Code 2011, is amended
to read as follows:
4. Hog-cholera Classical-swine-fever virus and
classical-swine-fever serum, chapter 166 .
Sec. 34. Section 163.2, subsection 5, Code Supplement 2011,
is amended to read as follows:
5. “Infectious or contagious disease” means glanders, farcy,
maladie du coit (dourine), anthrax, foot and mouth disease,
scabies, hog cholera, classical swine fever, tuberculosis,
brucellosis, vesicular exanthema, scrapie, rinderpest,
avian influenza or Newcastle disease as provided in chapter
165B , pseudorabies as provided in chapter 166D , or any other
transmissible, transferable, or communicable disease so
designated by the department.
Sec. 35. Section 163.30, subsections 7 and 10, Code
Supplement 2011, are amended to read as follows:
7. The department may require issuance of movement
permits on certain categories of swine moved, prior to their
movement, pursuant to departmental rule rules adopted by the
department . The rule rules shall be promulgated adopted when
in the judgment of the secretary, such movements movement would
otherwise threaten or imperil the eradication of hog cholera
classical swine fever in Iowa.
10. The use of anti-hog-cholera anti-classical-swine-fever
serum or antibody concentrate shall be in accordance with rules
issued adopted by the department.
Sec. 36. Section 166.1, subsection 1, Code 2011, is amended
to read as follows:
1. The words “biological “Biological products” shall
include and be deemed to embrace only anti-hog-cholera
anti-classical-swine-fever serum and viruses which are either
virulent or nonvirulent, alive or dead.

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Sec. 37. Section 166.16, unnumbered paragraph 1, Code 2011,
is amended to read as follows:
No A person shall not sell, distribute, use, or offer
to sell, distribute, or use virulent blood or virus from
cholera-infected hogs classical-swine-fever-infected swine
except for one or more of the following purposes:
Sec. 38. Section 166.16, subsection 4, Code 2011, is amended
to read as follows:
4. For the purpose of manufacturing any biological products
or for the purpose of producing immune hogs swine to be used in
the production of hog-cholera anti-classical-swine-fever serum.
Sec. 39. Section 166.41, Code 2011, is amended to read as
follows:
166.41 Hog-cholera Classical-swine-fever vaccine prohibited
—— emergency.
The sale or use of hog-cholera classical-swine-fever
vaccine, except as provided in section 166.16 , is prohibited
and it a person shall be unlawful to not use such products
a product in the this state of Iowa, except that . However,
in the case of an emergency as defined in section 166.42 , a
special permit for the use of vaccines may be issued by the
secretary.
Sec. 40. Section 166.42, Code 2011, is amended to read as
follows:
166.42 Biological products reserve —— use.
1. The secretary may establish a reserve supply of
biological products of approved modified live virus hog-cholera
classical-swine-fever vaccine and of anti-hog-cholera
anti-classical-swine-fever serum or its equivalent in
antibody concentrate to be used as directed by the secretary
in the event of an emergency resulting from a hog-cholera
classical-swine-fever outbreak. Vaccine and serum or antibody
concentrate from the reserve supply, if used for such an
emergency, shall be made available to swine producers at a
price which will not result in a profit. Payment shall be
made by the producer to the department and such vaccine shall
be administered by a licensed practicing veterinarian. The
secretary may cooperate with other states in the accumulation,
maintenance and disbursement of such reserve supply of
biological products. The secretary, with the advice and
written consent of the state veterinarian, and the advice and
written consent of the veterinarian-in-charge for Iowa of

Senate File 2311, p. 14
the animal and plant health inspection service —— veterinary
services, United States department of agriculture, shall
determine when an emergency resulting from a hog-cholera
classical-swine-fever outbreak exists.
2. The secretary is authorized to sell or otherwise
dispose of such classical-swine-fever vaccine and serum
at such time as the state is declared a hog-cholera-free
classical-swine-fever-free state by the United States
department of agriculture, or if the potency of such vaccine
and serum is in doubt. Money received under provisions of this
section shall be paid into the state treasury.
Sec. 41. Section 166B.1, Code 2011, is amended by adding the
following new subsection:
NEW SUBSECTION . 01. “Classical swine fever” means the
contagious, infectious, and communicable disease of swine
commonly known as hog cholera.
Sec. 42. Section 166B.1, subsection 3, Code 2011, is amended
by striking the subsection.
Sec. 43. Section 166B.2, Code 2011, is amended to read as
follows:
166B.2 General authority.
The department may destroy or require the destruction of any
swine which the state veterinarian knows to be, or suspects is,
affected with or exposed to hog cholera classical swine fever ,
whenever the department finds such destruction to be necessary
to prevent or reduce the danger of the spread of hog cholera
classical swine fever . Disposal of condemned swine shall
be under the supervision of a regulatory employee. Salvage
of apparently healthy marketable swine is permissible as a
minimum provision and may be discontinued in favor of total
herd disposition with indemnification as necessary and without
such salvage in any case or at any time when it is determined by
the department and the United States department of agriculture
that the procedure would constitute an undue threat to the
eradication program. Before being condemned and ordered to
be destroyed, a positive diagnosis of hog cholera classical
swine fever affecting the herd must be confirmed by a state or
federal laboratory or personnel approved by the department and
the United States department of agriculture.
Sec. 44. Section 166B.4, Code 2011, is amended to read as
follows:
166B.4 Institution of indemnification.
It is hereby recognized and declared that indemnification

Senate File 2311, p. 15
for destruction of swine infected with or exposed to hog
cholera classical swine fever is an expression of the public
policy of this state but employed only in the final stages
of eradication of the disease, or as a means of preventing
or minimizing its recurrence. The department of agriculture
and land stewardship shall not therefore institute an initial
program of indemnification pursuant to the chapter until it is
mutually agreed between the state department of agriculture
and land stewardship and the United States department of
agriculture that such action is necessary in order to carry out
the hog-cholera classical-swine-fever eradication program.
Sec. 45. Section 166B.5, Code 2011, is amended to read as
follows:
166B.5 Cooperation with United States.
The department may cooperate with the United States, or
any department, agency or officer thereof, in the control and
eradication of hog cholera classical swine fever , including the
sharing in payment of indemnities for swine destroyed.
DIVISION VII
ANIMAL HEALTH —— DAIRY CATTLE
AFFECTED WITH JOHNE’S DISEASE
Sec. 46. Section 165A.1, subsection 3, Code 2011, is amended
to read as follows:
3. “Infected” means infected with paratuberculosis Johne’s
disease as provided in section 165A.3 .
Sec. 47. Section 165A.1, subsection 4, Code 2011, is amended
by striking the subsection and inserting in lieu thereof the
following:
4. “Johne’s disease” means a disease caused by the bacterium
mycobacterium paratuberculosis, and which is also referred to
as paratuberculosis disease.
Sec. 48. Section 165A.3, Code 2011, is amended to read as
follows:
165A.3 Determination of infection.
The department shall adopt rules providing methods and
procedures to determine whether cattle are infected, which
may include detection and analysis of paratuberculosis
Johne’s disease using techniques approved by the United States
department of agriculture.
Sec. 49. Section 165A.4, Code 2011, is amended to read as
follows:
165A.4 Infected cattle.
The owner of infected cattle shall mark the cattle by

Senate File 2311, p. 16
punching the letter “C” through the right ears of the cattle
as required by the department. Cattle infected with Johne’s
disease shall be accompanied by an owner-shipper statement. A
person shall not sell infected cattle other than directly to
a slaughtering establishment, or to a concentration point for
sale directly to a slaughtering establishment, for immediate
slaughter. Cattle marked with a letter “C” infected with
Johne’s disease that are kept at a concentration point shall be
kept separate and apart.
DIVISION VIII
ANIMAL HEALTH —— TREATMENT FOR SHEEP
Sec. 50. Section 166A.1, Code 2011, is amended by adding the
following new subsection:
NEW SUBSECTION . 10. “Treatment” includes but is not limited
to administering medication.
Sec. 51. Section 166A.4, Code 2011, is amended to read as
follows:
166A.4 Dipping Treatment .
All breeding and feeding sheep offered for sale or exchange
or otherwise moved or released from any premises, vehicle,
or conveyance, shall, within ten days prior to exchange,
release, or movement, be dipped treated in an approved dip
manner under the supervision of the department or the animal
and plant health inspection service of the United States
department of agriculture. When sheep are moved within or from
a certified scabies-free area in this state, the sheep must
be accompanied by a certificate of veterinary inspection as
provided in chapter 163 . The dipping treatment shall not be
required prior to such movement. Sheep may be moved from a
premises to an approved facility for the purpose of dipping
treatment under such conditions as may be required by the rules
of the department or the regulations of the animal and plant
health inspection service of the United States department of
agriculture. In addition, sheep are not required to be dipped
treated if moved to a livestock auction market until after
sale. Sheep are not required to be dipped treated if consigned
directly for slaughter.
Sec. 52. Section 166A.6, Code 2011, is amended to read as
follows:
166A.6 Records kept.
Market operators and dealers in sheep shall use satisfactory
dipping facilities treatment, approved by the department and .
Market operators and dealers shall maintain records which show

Senate File 2311, p. 17
the true origin of the sheep including name and address of the
seller or consignor, number, date of receipt, date of dipping
treatment , and including all certificates, permits, waybills,
and bills of lading for each consignment of sheep consigned to
and leaving the market or dealer’s premises. All records shall
be retained for a period of one year and made available upon
demand by a representative of the department.
Sec. 53. Section 166A.7, Code 2011, is amended to read as
follows:
166A.7 Slaughter without dipping treatment .
Animals may be sold for slaughter without dipping treatment .
Sheep when inspected at the market or dealer’s premises and
found free of scabies or no known exposure thereto, may be
sold for slaughter purposes without dipping treatment if
consigned directly and immediately on a slaughter affidavit to
a slaughtering establishment operating under federal, state
or municipal meat inspection service. Such sheep shall be
identified with the letter “K” in red branding paint at least
four inches high on their back except those consigned to such
slaughtering establishment by the original owner.
Sec. 54. Section 166A.8, Code 2011, is amended to read as
follows:
166A.8 Quarantine of infected sheep.
1. Sheep found to be infected with or exposed to scabies
shall be immediately dipped treated , as directed by and under
the supervision of the department, at owner’s expense. Such
sheep shall remain under quarantine until released by the
department, except that sheep infected with or exposed to
scabies may be moved, without dipping treatment , directly to
a slaughter establishment under federal inspection, under
permit from the department. No sheep shall be moved into or
within the state of Iowa for any purpose except as provided
in this chapter and the regulations rules of the department,
provided sheep may be moved without dipping treatment between
properties owned or rented by the owner of said the sheep, if
not moved from a noncertified scabies-free area to a certified
scabies-free area.
2. Any person may sell or exchange sheep on the farm between
November 1 and April 1 without dipping treatment if accompanied
by a certificate from a licensed veterinarian that they the
sheep are free from scabies issued within ten days prior to
such sale or exchange until such time as the county is declared

Senate File 2311, p. 18
a scabies-free area.
Sec. 55. Section 166A.10, Code 2011, is amended to read as
follows:
166A.10 Restraint of movement.
Sheep from noncertified scabies-free areas within this state
shall not enter certified scabies-free areas unless they have
been dipped treated in an approved dip manner under supervision
within ten days preceding movement and satisfactory evidence
of dipping treatment accompanies the shipment. However,
such sheep may be moved into certified scabies-free areas if
consigned directly to a stockyard market, auction market, or
slaughter establishment, under federal inspection, provided the
sheep are accompanied by a certificate of veterinary inspection
stating number, description, consignor, and consignee.
Sec. 56. Section 166A.11, subsection 1, paragraph b, Code
2011, is amended to read as follows:
b. Dipped Treated in an approved dip manner within ten days
prior to movement.
Sec. 57. REPEAL. Section 166A.5, Code 2011, is repealed.
DIVISION IX
ANIMAL HEALTH —— CHRONIC WASTING
DISEASE AFFECTING FARM DEER
Sec. 58. Section 170.1, subsection 1, Code 2011, is amended
to read as follows:
1. “Chronic wasting disease” means the animal disease
afflicting deer , and elk , or moose that is a transmissible
disease of the nervous system resulting in distinctive lesions
in the brain and that belongs to the group of diseases that is
known as transmissible spongiform encephalopathies (TSE).
Sec. 59. Section 170.1, subsection 4, paragraph a, Code
2011, is amended to read as follows:
a. “Farm deer” means an animal belonging to the cervidae
family and classified as part of the dama species of the dama
genus, commonly referred to as fallow deer; part of the elaphus
species of the cervus genus, commonly referred to as red deer
or elk; part of the virginianus species of the odocoileus
genus, commonly referred to as whitetail; part of the hemionus
species of the odocoileus genus, commonly referred to as mule
deer; or part of the nippon species of the cervus genus,
commonly referred to as sika ; or part of the alces species of
the alces genus, commonly referred to as moose .
DIVISION X
ANIMAL INDUSTRY

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Sec. 60. Section 169A.11, Code 2011, is amended to read as
follows:
169A.11 Publication of brands list.
The secretary from time to time shall cause to be published
in book form publish on the internet a list of all brands on
record at the time of the publication. The secretary may
supplement the lists from time to time. The publication shall
contain a facsimile of all brands recorded and the owner’s name
and post office address. The records shall be arranged in
convenient form for reference. The secretary shall deliver one
copy of the brand book and supplements to the sheriff of each
county. The books and supplements shall be delivered without
cost to the county. The books and supplements shall be public
records as provided in chapter 22 . The secretary may sell the
books and supplements to the general public at the cost of
printing and mailing each book.
Sec. 61. Section 172A.1, subsection 2, Code 2011, is amended
to read as follows:
2. “Animals” or “livestock” includes cattle, calves, swine,
or sheep , goats, turkeys, chickens, or horses .
DIVISION XI
AGRICULTURAL MARKETING —— GENERAL
Sec. 62. Section 189.1, unnumbered paragraph 1, Code 2011,
is amended to read as follows:
For the purpose of this subtitle, excluding chapters
203 , 203C , 203D , 207 , and 208 , unless the context otherwise
requires:
Sec. 63. Section 189.1, subsections 1, 4, and 6, Code 2011,
are amended to read as follows:
1. “Article” includes means food, commercial feed,
agricultural seed, commercial fertilizer, drug, insecticide,
fungicide, pesticide, and paint, linseed oil, turpentine, and
illuminating oil, in the sense in which they are defined in the
various provisions of this subtitle , excluding chapters 203 ,
203C , 203D , 207 , and 208 .
4. “Package” or “container” , unless otherwise defined,
includes wrapper, box, carton, case, basket, hamper, can,
bottle, jar, tube, cask, vessel, tub, firkin, keg, jug, barrel,
tank, tank car, and other receptacles of a like nature; and
the expression “offered or exposed for sale or sold in package
or wrapped form” means the offering or exposing for sale, or
selling of an article which is contained in a package or

Senate File 2311, p. 20
container as defined in this section .
6. “Person” includes a corporation, company, firm, society,
or association; and the act, omission, or conduct of any
officer, agent, or other person acting in a representative
capacity shall be imputed to the organization or person
represented, and the person acting in that capacity shall also
be liable for violations of this subtitle , excluding chapters
203 , 203C , 203D , 207 , and 208 .
Sec. 64. Section 189.2, Code 2011, is amended to read as
follows:
189.2 Duties.
The department shall do all of the following :
1. Execute and enforce this subtitle , except chapter 205 .
2. Make and publish Adopt all necessary rules, not
inconsistent with law, for enforcing the provisions of this
subtitle , excluding chapters 203 , 203C , 203D , 207 , and 208 .
3. Provide educational measures and exhibits, and conduct
educational campaigns as are deemed advisable in fostering and
promoting the production and sale of the articles dealt with
in this subtitle, excluding chapters 203 , 203C , 203D , 207 , and
208 , in accordance with the rules adopted pursuant to this
subtitle.
4. Issue from time to time, bulletins showing the results of
inspections, analyses, and prosecutions under this subtitle ,
excluding chapters 203 , 203C , 203D , 207 , and 208 . These
bulletins shall be printed in such numbers as may be approved
by the director of the department of administrative services
and shall be distributed to the newspapers of the state and
to all interested persons posted on the department’s internet
site .
Sec. 65. Section 189.3, Code 2011, is amended to read as
follows:
189.3 Procuring samples.
The department shall, for the purpose of examination or
analysis, procure from time to time, or whenever the department
has occasion to believe any of the provisions of this
subtitle , excluding chapters 203 , 203C , 203D , 207 , and 208 , are
being violated, samples of the articles dealt with in these
provisions which have been shipped into this state, offered or
exposed for sale, or sold in the state.
Sec. 66. Section 189.4, Code 2011, is amended to read as
follows:
189.4 Access to factories and buildings.

Senate File 2311, p. 21
The department shall have full access to all places,
factories, buildings, stands, or premises, and to all wagons,
auto trucks, vehicles, or cars used in the preparation,
production, distribution, transportation, offering or exposing
for sale, or sale of any article dealt with in this subtitle ,
excluding chapters 203 , 203C , 203D , 207 , and 208 .
Sec. 67. Section 189.5, Code 2011, is amended to read as
follows:
189.5 Dealer to furnish samples.
Upon request and tender of the selling price by the
department any person who prepares, manufactures, offers or
exposes for sale, or delivers to a purchaser any article dealt
with in this subtitle , excluding chapters 203 , 203C , 203D ,
207 , and 208 , shall furnish, within business hours, a sample
of the same, sufficient in quantity for a proper analysis
or examination as shall be provided by the rules of the
department.
Sec. 68. Section 189.6, Code 2011, is amended to read as
follows:
189.6 Taking of samples.
The department may, without the consent of the owner,
examine or open any package containing, or believed to contain,
any article or product which it suspects may be prepared,
manufactured, offered, or exposed for sale, sold, or held in
possession in violation of the provisions of this subtitle,
excluding chapters 203 , 203C , 203D , 207 , and 208 , in order to
secure a sample for analysis or examination, and the sample and
damage to container shall be paid for at the current market
price out of the contingent fund of the department.
Sec. 69. Section 189.7, Code 2011, is amended to read as
follows:
189.7 Preservation of sample.
After the sample is taken , it shall be carefully sealed
with the seal of the department and labeled with the name or
brand of the article, the name of the party from whose stock
it was taken, and the date and place of taking such sample.
Upon request a duplicate sample, sealed and labeled in the
same manner, shall be delivered to the person from whose stock
the sample was taken. The label and duplicate shall be signed
by the person taking the same. The method of taking samples
of particular articles may be prescribed by the rules of the
department.

Senate File 2311, p. 22
Sec. 70. Section 189.8, Code 2011, is amended to read as
follows:
189.8 Witnesses.
In the enforcement of the provisions of this subtitle,
excluding chapters 203 , 203C , 203D , 207 , and 208 , the
department shall have power to issue subpoenas for witnesses,
enforce their attendance, and examine them under oath. The
witnesses shall be allowed the same fees as witnesses in
district court. The fees shall be paid out of the contingent
fund of the department.
Sec. 71. Section 189.9, subsection 1, unnumbered paragraph
1, Code 2011, is amended to read as follows:
All articles in package or wrapped form which are required
by this subtitle , excluding chapters 203 , 203C , 203D , 207 ,
and 208 , to be labeled, unless otherwise provided, shall be
conspicuously marked in the English language in legible letters
of not less than eight point heavy gothic caps on the principal
label with the following items:
Sec. 72. Section 189.11, Code 2011, is amended to read as
follows:
189.11 Labeling of mixtures —— federal requirements.
1. In addition to the requirements of section 189.9 , unless
otherwise provided, articles which are mixtures, compounds,
combinations, blends, or imitations shall be marked as such
and immediately followed, without any intervening matter and
in the same size and style of type, by the names of all the
ingredients contained therein, beginning with the one present
in the largest proportion.
2. Notwithstanding any other requirements of this
chapter or of chapter 190 , foods and food or food products ,
or pesticides, labeled in conformance with the labeling
requirements of the government of the United States shall be
deemed to be labeled in conformance with the laws of the state
of Iowa.
Sec. 73. Section 189.13, Code 2011, is amended to read as
follows:
189.13 False labels —— defacement.
A person shall not use any label required by this subtitle ,
excluding chapters 203 , 203C , 203D , 207 , and 208 , which bears
any representations of any kind which are deceptive as to the
true character of the article or the place of its production,
or which has been carelessly printed or marked, nor shall any

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person erase or deface any label required by this subtitle ,
excluding chapters 203 , 203C , 203D , 207 , and 208 .
Sec. 74. Section 189.14, subsection 1, Code 2011, is amended
to read as follows:
1. A person shall not knowingly introduce into this state,
solicit orders for, deliver, transport, or have in possession
with intent to sell, any article which is labeled in any
other manner than that prescribed by this subtitle , excluding
chapters 203 , 203C , 203D , 207 , and 208 , for the label of the
article when offered or exposed for sale, or sold in package
or wrapped form in this state.
Sec. 75. Section 189.15, Code 2011, is amended to read as
follows:
189.15 Adulterated articles.
A person shall not knowingly manufacture, introduce into
the state, solicit orders for, sell, deliver, transport, have
in possession with the intent to sell, or offer or expose
for sale, any article which is adulterated according to the
provisions of this subtitle , excluding chapters 203 , 203C ,
203D , 207 , and 208 .
Sec. 76. Section 189.19, unnumbered paragraph 1, Code 2011,
is amended to read as follows:
The following provisions apply to all licenses issued or
authorized under this subtitle , excluding chapters 203 , 203C ,
203D , 207 , and 208 :
Sec. 77. Section 189.19, subsection 2, Code 2011, is amended
to read as follows:
2. Refusal and revocation. For good and sufficient grounds
the department may refuse to grant a license to any applicant;
and it the department may revoke a license for a violation
of any provision of this subtitle , excluding chapters 203 ,
203C , 203D , 207 , and 208 , or for the refusal or failure of any
licensee to obey the lawful directions of the department.
Sec. 78. Section 189.20, Code 2011, is amended to read as
follows:
189.20 Injunction.
Any person engaging in any business for which a license is
required by this subtitle, excluding chapters 203 , 203C , 203D ,
207 , and 208 , without obtaining such license, may be restrained
by injunction, and shall pay all costs made necessary by such
procedure.
Sec. 79. Section 189.21, Code 2011, is amended to read as
follows:

Senate File 2311, p. 24
189.21 Penalty.
Unless otherwise provided, any person violating any
provision of this subtitle , excluding chapters 203 , 203C , 203D ,
207 , and 208 , or any rule adopted by the department pursuant to
such a provision, is guilty of a simple misdemeanor.
Sec. 80. Section 189.23, Code 2011, is amended to read as
follows:
189.23 Common carrier.
The penalties provided in this subtitle , excluding chapters
203 , 203C , 203D , 207 , and 208 , shall not be imposed upon any
common carrier for introducing into the state, or having in
its possession, any article which is adulterated or improperly
labeled according to the provisions of this subtitle, excluding
chapters 203 , 203C , 203D , 207 , and 208 , when the same was
received by the carrier for transportation in the ordinary
course of its business and without actual knowledge of its true
character.
Sec. 81. Section 189.24, Code 2011, is amended to read as
follows:
189.24 Report of violations.
When it appears that any of the provisions of this subtitle ,
excluding chapters 203 , 203C , 203D , 207 , and 208 , have been
violated, the department shall at once may certify the facts
to the proper county attorney , . The certification shall
be accompanied with a copy of the results of any analysis,
examination, or inspection the department may have made,
duly authenticated by the proper person under oath, and with
any additional evidence which may be in possession of the
department.
Sec. 82. Section 189.28, Code 2011, is amended to read as
follows:
189.28 Goods for sale in other states.
Any person may keep articles specifically set apart in the
person’s stock for sale in other states which do not comply
with the provisions of this subtitle , excluding chapters 203 ,
203C , 203D , 207 , and 208 , as to standards, purity, or labeling.
Sec. 83. Section 189.29, Code 2011, is amended to read as
follows:
189.29 Reports by dealers.
Every person who deals in or manufactures any of the articles
dealt with in this subtitle , excluding chapters 203 , 203C ,
203D , 207 , and 208 , shall make upon blanks furnished by the

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department such reports and furnish such statistics as may be
required by the department and certify to the correctness of
the same.
Sec. 84. CODE EDITOR DIRECTIVE. The Iowa Code editor shall
eliminate footnotes in Code chapter 189 which refer to the
movement of chapters 203, 203C, 203D, 207, and 208 to title V,
subtitle 4.
DIVISION XII
AGRICULTURAL MARKETING —— GRAIN DEALER REGULATION
Sec. 85. Section 203.1, subsection 9, Code 2011, is amended
by striking the subsection and inserting in lieu thereof the
following:
9. “Grain” means any grain for which the United States
department of agriculture has established standards pursuant to
the United States Grain Standards Act, 7 U.S.C. ch. 3.
Sec. 86. Section 203.1, Code 2011, is amended by adding the
following new subsection:
NEW SUBSECTION . 13A. “United States Warehouse Act” means
the United States Warehouse Act, 7 U.S.C. ch. 10.
Sec. 87. Section 203.2A, Code 2011, is amended to read as
follows:
203.2A Notice requirement for grain Grain purchasers who are
not licensed grain dealers —— special notice requirements .
1. A This section applies to a person shall not purchase
who is not required to be issued a license as a grain dealer
pursuant to section 203.3. The person shall not purchase grain
from a producer for purposes of resale, milling, feeding, or
processing , unless one of the following applies: .
1. 2. The person is a grain dealer licensed pursuant
to section 203.3 . Subsection 1 does not apply to any of the
following:
2. a. The A person has purchased who purchases less than
fifty thousand bushels of grain from all producers in the
twelve months prior to purchasing grain from the producer.
3. a. b. The A person provides who provides notice to the
producer as provided in subsection 3 .
3. a. The notice shall must be in the following form:
ATTENTION TO PRODUCERS:
THE PERSON PURCHASING THIS GRAIN IS NOT A LICENSED GRAIN
DEALER AND THIS IS NOT A COVERED TRANSACTION ELIGIBLE FOR
INDEMNIFICATION FROM THE GRAIN DEPOSITORS AND SELLERS INDEMNITY
FUND AS PROVIDED IN IOWA CODE SECTION 203D.3
Attention to Producers:

Senate File 2311, p. 26
The person purchasing this grain is not a licensed grain
dealer and this is not a covered transaction eligible for
indemnification from the grain dealers and sellers indemnity
fund as provided in Iowa Code section 203D.3
b. The notice shall must be provided to the producer prior
to or at the time of the purchase. The notice may appear on
a separate statement or as part of a document received by the
producer, including a contract or receipt, as required by the
department.
c. The form of the notice shall be prescribed by the
department. The notice shall must appear in a printed boldface
font in at least ten point type.
Sec. 88. Section 203.5, subsection 7, Code 2011, is amended
to read as follows:
7. If The department may deny a license to an applicant ,
if the applicant has had a license issued under this chapter
or chapter 203C revoked for cause within the past three years,
or the applicant has been convicted of a felony involving
violations a violation of this chapter or chapter 203C , or is
the applicant is owned or controlled by a person who has had a
license so revoked or who has been so convicted , the department
may deny a license to the applicant .
Sec. 89. Section 203.9, Code 2011, is amended by adding the
following new subsection:
NEW SUBSECTION . 4. The department may suspend or revoke
the license of a grain dealer for failing to consent to a
departmental inspection or cooperate with the department during
an inspection as provided in this chapter.
Sec. 90. Section 203.10, Code 2011, is amended to read as
follows:
203.10 Suspension or revocation of Action affecting a
license.
1. The cessation of a grain dealer’s license occurs from any
of the following:
a. The revocation of the license by the department as
provided in subsection 2.
b. The cancellation of the license as provided in section
203.5.
c. The expiration of the license according to the terms
of the license as provided in this chapter, including a rule
adopted in accordance with this chapter, pursuant to chapter
17A.
2. The department may issue an order to suspend or revoke

Senate File 2311, p. 27
the license of a grain dealer who violates a provision of this
chapter , including a rule adopted under in accordance with
this chapter , as provided in pursuant to chapter 17A . If a
grain dealer fails to consent to a departmental inspection
or cooperate with the department during an inspection as
provided in section 203.9 , the department may issue an order
to immediately suspend or revoke the grain dealer’s license
pursuant to section 17A.18 .
Sec. 91. Section 203.12, Code 2011, is amended to read as
follows:
203.12 Claims —— cessation of a license and notice of license
revocation.
1. Upon revocation, termination, or the cessation of a
grain dealer license by revocation, cancellation , of a grain
dealer license or expiration , any claim for the purchase price
of grain against the grain dealer shall be made in writing
and filed with the grain dealer and with the issuer of a
deficiency bond or of an irrevocable letter of credit and with
the department within one hundred twenty days after revocation,
termination, or cancellation the date of the cessation .
Failure A failure to make this timely claim relieves the issuer
and the grain depositors and sellers indemnity fund provided in
chapter 203D of all obligations to the claimant.
2. Upon the revocation of a grain dealer license, the
department shall cause notice of the revocation to be published
once each week for two consecutive weeks in a newspaper of
general circulation within the state of Iowa and in a newspaper
of general circulation within the county of the grain dealer’s
principal place of business when that dealer’s principal place
of business is located in the state of Iowa. The notice
shall state the name and address of the grain dealer and the
effective date of revocation. The notice shall also state that
any claims against the grain dealer shall be made in writing
and sent by ordinary mail or delivered personally within one
hundred twenty days after revocation to the grain dealer, to
the issuer of a deficiency bond or of an irrevocable letter of
credit, and to the department, and the notice shall state that
the failure to make a timely claim does not relieve the grain
dealer from liability to the claimant.
Sec. 92. Section 203.12A, subsection 5, Code 2011, is
amended to read as follows:
5. The Iowa grain indemnity fund board , shall upon written
demand of the grain dealer , shall file a termination statement

Senate File 2311, p. 28
with the secretary of state, if the license of the grain dealer
is not revoked, terminated, or canceled after one hundred
eighty days from the date that the lien is perfected the grain
dealer’s license has not ceased by revocation, cancellation, or
expiration . Upon filing the termination statement, the lien
becomes unperfected. The board shall also deliver a copy of
the termination statement to the grain dealer.
Sec. 93. Section 203.12B, subsection 7, paragraph c, Code
2011, is amended to read as follows:
c. Not have had a grain dealer’s license issued pursuant
to section 203.3 suspended or revoked as provided in section
203.10 .
Sec. 94. Section 203.15, subsection 3, Code 2011, is amended
to read as follows:
3. Title to all grain sold by a credit-sale contract is
in the purchasing grain dealer as of the time the contract is
executed, unless the contract provides otherwise. The contract
must be signed and dated by both parties and executed in
duplicate. One copy shall be retained by the grain dealer and
one copy shall be delivered to the seller. Upon revocation,
termination, or cancellation the cessation of the grain
dealer’s license by revocation, cancellation, or expiration ,
the payment date for all credit-sale contracts shall be
advanced to a date not later than thirty days after the
effective date of the revocation, termination, or cancellation
cessation , and the purchase price for all unpriced grain
shall be determined as of the effective date of revocation,
termination, or cancellation the cessation in accordance with
all other provisions of the contract. However, if the business
of the grain dealer is sold to another licensed grain dealer,
credit-sale contracts may be assigned to the purchaser of the
business.
Sec. 95. Section 203.15, subsection 4, paragraph b, Code
2011, is amended to read as follows:
b. A grain dealer who is also a warehouse operator
licensed by the department under chapter 203C or the United
States department of agriculture under the United States
Warehouse Act, 7 U.S.C. § 241 et seq., and who does not have
a sufficient quantity or quality of grain to satisfy the
warehouse operator’s obligations based on an examination by
the department or the United States department of agriculture
shall not purchase grain on credit-sale contract to correct the
shortage of grain.

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Sec. 96. Section 203.15, subsection 4, paragraph c,
subparagraph (2), subparagraph division (c), Code 2011, is
amended to read as follows:
(c) If an adequate replacement bond is not received by the
department within sixty days of the issuance of the notice
of cancellation, the department shall automatically suspend
the grain dealer’s license. The department shall cause an
inspection of the licensed grain dealer immediately at the
end of the sixty-day period. If a replacement bond is not
filed within another thirty days following the suspension, the
department shall revoke the grain dealer dealer’s license shall
be automatically revoked .
Sec. 97. Section 203.15, subsection 5, unnumbered paragraph
1, Code 2011, is amended to read as follows:
The department may adopt rules to suspend the right of a
grain dealer to purchase grain by credit-sale contract based on
any of the following conditions:
Sec. 98. Section 203.15, subsection 5, paragraphs a and b,
Code 2011, are amended to read as follows:
a. The grain dealer who is also a warehouse operator
licensed by the department under chapter 203C or the United
States department of agriculture under the United States
Warehouse Act , 7 U.S.C. § 241 et seq., does not have a
sufficient quantity or quality of grain to satisfy the
warehouse operator’s obligations based on an examination by the
department or the United States department of agriculture.
b. The grain dealer who is also a warehouse operator
licensed by the department under chapter 203C or the United
States department of agriculture under the United States
Warehouse Act , 7 U.S.C. § 241 et seq., issues back to the
grain dealer a warehouse receipt for purposes of providing
collateral, if the grain which is the subject of the warehouse
receipt was purchased on credit and is unpaid for by the grain
dealer.
DIVISION XIII
AGRICULTURAL MARKETING —— WAREHOUSE OPERATOR REGULATION
Sec. 99. Section 203C.1, subsection 11, Code 2011, is
amended by striking the subsection and inserting in lieu
thereof the following:
11. “Grain” means the same as defined in section 203.1.
Sec. 100. Section 203C.1, Code 2011, is amended by adding
the following new subsection:
NEW SUBSECTION . 25A. “United States Warehouse Act” means

Senate File 2311, p. 30
the same as defined in section 203.1.
Sec. 101. Section 203C.1, subsection 26, Code 2011, is
amended to read as follows:
26. “Unlicensed warehouse operator” means a warehouse
operator who retains grain in the warehouse not to exceed
thirty days and is not licensed under the provisions of this
chapter or Tit. VII, U.S.C. the United States Warehouse Act.
Sec. 102. Section 203C.6, subsection 7, Code 2011, is
amended to read as follows:
7. If The department may deny a license to an applicant,
if the applicant has had a license issued under chapter 203 or
this chapter revoked for cause within the past three years,
or the applicant has been convicted of a felony involving
violations of chapter 203 or this chapter , or the applicant
is owned or controlled by a person who has had a license so
revoked or who has been so convicted , the department may deny a
license to the applicant .
Sec. 103. Section 203C.10, Code 2011, is amended to read as
follows:
203C.10 Suspension or revocation of Action affecting a
license.
1. The cessation of a warehouse operator’s license occurs
from any of the following:
a. The revocation of the license by the department as
provided in subsection 2.
b. The cancellation of the license as provided in section
203C.37.
c. The expiration of the license according to the terms
of the license as provided in this chapter, including a rule
adopted in accordance with this chapter, pursuant to chapter
17A.
2. The department may issue an order to suspend or revoke
the license of a warehouse operator who violates a provision of
this chapter , including a rule adopted under in accordance with
this chapter, as provided in pursuant to chapter 17A.
3. If The department may suspend or revoke the license
of a warehouse operator fails for failing to consent to a
departmental inspection during an inspection as provided
in section 203C.2, the department may issue an order to
immediately suspend or revoke the grain dealer’s license
pursuant to section 17A.18 or cooperate with the department
during an inspection as provided by this chapter .
Sec. 104. Section 203C.11, subsection 1, Code 2011, is

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amended by striking the subsection and inserting in lieu
thereof the following:
1. The department shall proceed under section 203C.15 if it
has cause to believe that a licensed warehouse operator does
not provide for and carry an insurance policy as required in
that section.
Sec. 105. Section 203C.12A, subsection 5, Code 2011, is
amended to read as follows:
5. The Iowa grain indemnity fund board shall upon written
demand of the warehouse operator file a termination statement
with the secretary of state, if the license of the warehouse
operator is not revoked, terminated, or canceled after one
hundred eighty days from the date that the lien is perfected
the warehouse operator’s license has not ceased by revocation,
cancellation, or expiration . Upon filing the termination
statement, the lien becomes unperfected. The board shall also
deliver a copy of the termination statement to the warehouse
operator.
Sec. 106. Section 203C.13, subsection 3, Code 2011, is
amended to read as follows:
3. A bond, deficiency bond, or irrevocable letter of credit
on agricultural products other than bulk grain shall not be
canceled by the issuer on less than one hundred twenty days’
notice by certified mail to the department and the principal.
When the department receives notice from an issuer that it has
canceled the bond, deficiency bond, or irrevocable letter of
credit on agricultural products other than bulk grain of a
warehouse operator, the department shall automatically suspend
the warehouse operator’s authorization to store or accept for
storage agricultural products other than bulk grain if a new
bond, deficiency bond, or irrevocable letter of credit is not
received by the department within sixty days of the issuance of
the notice of cancellation. The department shall conduct an
inspection of the licensee’s warehouse immediately at the end
of the sixty-day period. If a new bond, deficiency bond, or
irrevocable letter of credit is not provided within ninety days
of the issuance of the notice of cancellation, the department
shall revoke the warehouse operator’s authorization to store
or accept for storage agricultural products other than bulk
grain. The department shall conduct a further inspection of
the licensee’s warehouse after the ninety-day period. When
an authorization to store or accept for storage agricultural
products other than bulk grain is revoked, the department

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shall give notice of the revocation to all known persons who
have agricultural products other than bulk grain in storage,
and shall notify them that the agricultural products other
than bulk grain must be removed from the warehouse not later
than one hundred twenty days after the issuance of the notice
of cancellation. The revocation notice shall be sent by
ordinary mail to the last known address of each person having
agricultural products other than bulk grain in storage. The
department shall cause a final inspection of the licensee’s
warehouse after the end of the one hundred twenty-day period.
Sec. 107. Section 203C.14, Code 2011, is amended to read as
follows:
203C.14 Suit —— claims —— notice of revocation.
1. A person injured by the breach of an obligation of a
warehouse operator, for the performance of which a bond on
agricultural products other than bulk grain, a deficiency
bond, or an irrevocable letter of credit has been given under
any of the provisions of this chapter , may sue on the bond on
agricultural products other than bulk grain, deficiency bond,
or irrevocable letter of credit in the person’s own name in
a court of competent jurisdiction to recover any damages the
person has sustained by reason of the breach.
2. Upon revocation, termination, or cancellation of a
warehouse license, a the cessation of a warehouse operator’s
license due to revocation, cancellation, or expiration, a claim
against the warehouse operator arising under this chapter
shall be made in writing with the warehouse operator, with
the issuer of a bond on agricultural products other than bulk
grain, a deficiency bond, or an irrevocable letter of credit,
and, if the claim relates to bulk grain, with the department .
The claim must be made within one hundred twenty days after
revocation, termination, or cancellation the cessation of the
license . Failure The failure to make a timely claim relieves
the issuer and, if the claim relates to bulk grain, the grain
depositors and sellers indemnity fund provided in chapter 203D
of all obligations to the claimant.
3. Upon revocation of a warehouse license, the department
shall cause notice of the revocation to be published once
each week for two consecutive weeks in a newspaper of general
circulation in each of the counties in which the licensee
maintains a business location and in a newspaper of general
circulation within the state. The notice shall state the name
and address of the warehouse operator and the effective date

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of revocation. The notice shall also state that any claims
against the warehouse operator shall be made in writing and
sent by ordinary mail to the warehouse operator, to the issuer
of a bond on agricultural products other than bulk grain,
deficiency bond, or an irrevocable letter of credit, and to the
department within one hundred twenty days after revocation,
and the notice shall state that the failure to make a timely
claim does not relieve the warehouse operator from liability to
the claimant. This paragraph does not apply if a receiver is
appointed as provided in this chapter pursuant to a petition
which is filed by the department prior to the expiration of
one hundred twenty days after revocation, termination, or
cancellation of the license.
Sec. 108. Section 203C.15, subsection 1, unnumbered
paragraph 1, Code 2011, is amended to read as follows:
All A warehouse operator shall maintain insurance coverage
as provided in this section. In order to maintain insurance
coverage, all agricultural products in storage in a licensed
warehouse and all agricultural products which have been
deposited temporarily in a licensed warehouse pending storage
or for purposes other than storage, shall be kept fully insured
by the warehouse operator as provided in this section for the
current value of the agricultural products against loss by
fire, inherent explosion, or windstorm , or any other similar
catastrophe designated by rules which may be adopted by the
department .
Sec. 109. Section 203C.15, subsection 1, paragraphs a and b,
Code 2011, are amended by striking the paragraphs.
Sec. 110. Section 203C.15, Code 2011, is amended by adding
the following new subsections:
NEW SUBSECTION . 1A. The insurance coverage required
in subsection 1 shall be carried by one or more insurance
companies. Such an insurance company must be all of the
following:
a. Organized or operating under the laws of this state or
authorized by the laws of this state to do business in this
state.
b. An insurer of agricultural products in this state as
provided in subsection 1.
NEW SUBSECTION . 1B. Insurance coverage may be terminated by
its expiration without renewal, or canceled by the insurance
company on its own volition or as a result of an action or
inaction by the insured licensed warehouse operator.

Senate File 2311, p. 34
NEW SUBSECTION . 1C. A licensed warehouse operator shall
be responsible for providing the department with all of the
following:
a. Evidence of insurance coverage as required in subsection
1A that is an insurance policy or other document approved by
the department which evidences property and casualty insurance.
b. Proof of insurance which verifies that evidence of
insurance coverage submitted by a licensed warehouse operator
complies with subsection 1.
NEW SUBSECTION . 1D. A warehouse operator must submit
evidence of insurance coverage with the department as required
by the department. The department must approve the evidence of
insurance coverage before the department files it. A warehouse
operator shall not be issued a license or retain a license
unless evidence of insurance coverage is on file with the
department.
NEW SUBSECTION . 1E. The department may demand proof
of insurance coverage by the licensed warehouse operator,
regardless of whether the department has previously approved
proof of insurance or approved or filed evidence of insurance
coverage. The demand must be in writing and must explain the
department’s enforcement action resulting from the warehouse
operator’s noncompliance.
a. The licensed warehouse operator may comply to the demand
by doing any of the following:
(1) Assuring the department that existing evidence of
insurance coverage filed with the department complies with the
requirements of this section.
(2) Obtaining additional or new insurance coverage. The
licensed warehouse operator must submit and the department must
approve and file the supplemental or new evidence of insurance
coverage necessary to comply with the requirements of this
section.
b. If the licensed warehouse operator fails to comply with
the requirements of the demand letter as set out in paragraph
“a” , the department shall take enforcement action as follows:
(1) Thirty days after delivering the demand letter to the
licensed warehouse operator, the department shall suspend the
warehouse license.
(2) Forty days after delivering the demand letter to the
licensed warehouse operator, the department shall revoke the
warehouse license.
c. The department may inspect a licensed warehouse at any

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time.
d. The department shall terminate an enforcement action as
provided in paragraph “b” , if the licensed warehouse operator
submits any proof of insurance or supplemental or new evidence
of insurance which the department approves. However, this
paragraph “d” applies only if the licensed warehouse operator
submits the proof of insurance or evidence of insurance prior
to the effective date of the revocation.
NEW SUBSECTION . 1F. An insurance company shall not cancel
insurance coverage unless any of the following applies:
a. The insurance company provides the department and the
licensed warehouse operator with at least ninety days’ notice
of cancellation by mail.
b. The insurance coverage is renewed or replaced by the
licensed warehouse operator, and the department has approved
and filed the evidence of insurance coverage at the time
that the department would have received the mailed notice of
cancellation.
NEW SUBSECTION . 1G. The department shall take enforcement
action against a licensed warehouse whose insurance coverage
has been terminated by cancellation or expiration.
a. The department shall suspend the warehouse license. The
suspension shall take effect on the date that the insurance
coverage terminates. However, the department shall terminate
the suspension if the licensed warehouse operator submits
proof of insurance or any renewed or new evidence of insurance
coverage to the department. In addition, all of the following
requirements apply:
(1) The department must receive the proof of insurance
or evidence of insurance coverage within ten days after the
effective date of the suspension.
(2) The department must approve the proof of insurance or
evidence of insurance coverage.
b. The department shall revoke the warehouse license. The
revocation shall take effect eleven days after the effective
date of the suspension, unless the suspension is terminated as
provided in paragraph “a” .
Sec. 111. Section 203C.16, subsection 1, Code 2011, is
amended to read as follows:
1. The acceptance and storage of bulk grain by a person
bonded and licensed under the provisions of a federal law, to
the extent that the person is authorized under federal law
to accept and store bulk grain United States Warehouse Act .

Senate File 2311, p. 36
However, the person shall comply with all other provisions of
this chapter which do not conflict with such federal law.
Sec. 112. Section 203C.17, subsection 8, paragraphs a and c,
Code 2011, are amended to read as follows:
a. Every At least once each year, a licensed warehouse
operator shall , on or before July 1 of each year, send a
statement for to each holder of a warehouse receipt covering
grain held stored at the licensed warehouse operator’s licensed
warehouse for more than one year at that warehouse to . The
statement shall be delivered in person or mailed to the
holder’s last known address. The statement shall show the
amount of all grain held stored pursuant to a warehouse receipt
for such warehouse receipt holder and the amount of any storage
charges held by the licensed warehouse operator against that
grain. However, a licensed warehouse operator need not prepare
this annual statement for a holder of a warehouse receipt,
if the licensed warehouse operator prepares such statements
monthly, quarterly or for any other period more frequent than
annually.
c. Violation A violation of this section shall not
constitute grounds for the suspension , or revocation , or
modification of the a warehouse operator’s license of anyone
licensed under this chapter .
Sec. 113. Section 203C.18, subsection 1, paragraph c, Code
2011, is amended to read as follows:
c. A statement that the receipt is issued subject to the
Iowa warehouse Act and the rules and regulations prescribed
pursuant to this chapter .
Sec. 114. Section 203C.18, subsection 3, Code 2011, is
amended to read as follows:
3. Forms A form for a warehouse receipts receipt shall only
be printed by a person approved by the department. A form
for a warehouse receipt shall be printed in accordance with
specifications set forth by the department. A form warehouse
operator shall surrender to the department all forms for a
warehouse receipt receipts that is are unused at the time that
a the warehouse operator’s license is canceled, suspended ,
revoked, or terminated shall be surrendered to the department
or ceases due to revocation, cancellation, or expiration . The
warehouse operator shall surrender the warehouse receipts in a
manner required by the department.
Sec. 115. Section 203C.30, Code 2011, is amended to read as
follows:

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203C.30 Inspecting and grading.
Grain , flaxseed, or any other fungible agricultural product
stored in a warehouse licensed under this chapter for which no
separate compartment is provided, and its identity preserved,
shall be inspected and graded.
Sec. 116. Section 203C.39, Code 2011, is amended to read as
follows:
203C.39 Grain stored in another warehouse.
A licensed warehouse operator may store grain in any other an
alternative warehouse located in Iowa licensed in accordance
with section 203C.6 or the United States Warehouse Act, 7
U.S.C. ch. 10, subject to the following conditions: or another
state as provided in this section.
1. a. The alternative warehouse located in Iowa must be
another licensed warehouse or a warehouse licensed pursuant to
the United States Warehouse Act.
b. The alternative warehouse located in another state must
be licensed pursuant to the applicable laws of the state in
which the alternative warehouse is located or the United States
Warehouse Act. A warehouse operator shall not store grain
in an alternative warehouse located in another state, unless
approved in writing by the department in a manner required by
the department.
2. In storing grain in an alternative warehouse under
subsection 1, all of the following requirements apply:
a. The warehouse operator must obtain from such warehouse
operator a nonnegotiable warehouse receipt and such receipt
must show clearly the following notation:
“Held Held in trust for depositors of” of (name of original
receiving warehouse).
2. b. When the licensed warehouse operator begins to use
the additional facilities described in this section alternative
warehouse , the licensed warehouse operator must have sufficient
net worth under section 203C.6 or provide a deficiency bond or
an irrevocable letter of credit to cover the increase in the
licensed warehouse operator’s gross capacity.
3. A licensed warehouse operator may transfer grain for
storage to another licensed warehouse operator while the
warehouse operator receiving such grain has grain stored
elsewhere under the provisions of this section .
Sec. 117. REPEAL. Section 203C.27, Code 2011, is repealed.
DIVISION XIV

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AGRICULTURAL MARKETING —— GRAIN DEPOSITORS AND SELLERS
INDEMNITY FUND
Sec. 118. Section 203D.1, subsection 7, Code Supplement
2011, is amended by striking the subsection and inserting in
lieu thereof the following:
7. “Grain” means the same as defined in section 203.1.
Sec. 119. Section 203D.6, subsection 2, paragraph a,
subparagraph (1), Code 2011, is amended to read as follows:
(1) The revocation, termination, or cancellation cessation
of the license of the grain dealer as described in section
203.10 or warehouse operator as described in section 203C.10 .
DIVISION XV
PESTICIDE REGULATION —— CERTIFICATION
Sec. 120. Section 206.2, subsection 25, Code 2011, is
amended to read as follows:
25. a. “Public applicator” means an individual who applies
pesticides as an employee of a state agency, county, municipal
corporation, or other governmental agency.
b. This term “Public applicator” does not include employees
an employee who work works only under the direct supervision
of a public applicator.
Sec. 121. Section 206.5, subsection 2, paragraph a, Code
2011, is amended to read as follows:
a. A commercial applicator shall choose between a one-year
certification for which the applicator shall pay a thirty
dollar fee or a three-year certification for which the
applicator shall pay a seventy-five dollar fee for a three-year
certification . A public applicator shall choose between a
one-year certification for which the applicator shall pay a
ten dollar fee or a three-year certification for which the
applicator shall pay a fifteen dollar fee. A public applicator
or a private applicator shall pay a fifteen dollar fee for a
three-year certification.
Sec. 122. Section 206.5, subsection 7, paragraph b,
unnumbered paragraph 1, Code 2011, is amended to read as
follows:
The department shall adopt rules providing for the
program requirements which shall at least may include the
safe handling, application, and storage of pesticides, the
correct calibration of equipment used for the application of
pesticides, and the effects of pesticides upon the groundwater.
Sec. 123. Section 206.5, subsection 7, paragraph c, Code
2011, is amended by striking the paragraph.

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Sec. 124. Section 206.6, subsection 5, paragraph c, Code
2011, is amended to read as follows:
c. The secretary shall issue a commercial applicator
license limited to the classifications for which the applicant
is qualified, which shall expire at the end of the calendar
year of issue as provided in section 206.5, unless it has
been revoked or suspended by the secretary for cause. The
secretary may limit the license of the applicant to the use of
certain pesticides, or to certain areas, or to certain types of
equipment if the applicant is only so qualified. If a license
is not issued as applied for, the secretary shall inform the
applicant in writing of the reasons.
Sec. 125. APPLICABILITY —— CURRENT CERTIFICATIONS.
Notwithstanding section 206.5, as amended in this division of
this Act, a certification issued to a commercial applicator
or a public applicator prior to the effective date of this
division of this Act shall expire according to section 206.5,
Code 2011, as that section existed immediately prior to the
effective date of this division of this Act.
DIVISION XVI
PESTICIDE REGULATION —— LICENSURE
Sec. 126. Section 206.6, subsection 5, paragraph a,
subparagraph (3), Code 2011, is amended to read as follows:
(3) An applicant applying for a license to engage in
aerial application of pesticides must meet all of demonstrate
compliance with the requirements of the federal aviation
administration, the United States department of transportation,
and any other applicable federal or state laws or regulations
to operate the equipment described in the application.
Sec. 127. Section 206.8, subsection 2, unnumbered paragraph
1, Code 2011, is amended to read as follows:
A The annual license fee for a pesticide dealer shall pay is
due and payable by June 30 of each year to the department an .
The annual license fee is based on the gross retail sales of
all pesticides sold for use in this state by the dealer in the
previous year. The license fee shall be set as follows:
Sec. 128. Section 206.10, Code 2011, is amended to read as
follows:
206.10 License renewals —— delinquent fee.
1. If the application for renewal of a license provided for
in this chapter , other than a pesticide dealer license, is not
filed prior to the first of January in any year, a delinquent
fee of twenty-five percent shall be assessed and added to the

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original fee and shall be paid by the applicant before the
renewal license is issued. A delinquent fee does not apply
if the applicant furnishes an affidavit certifying that the
applicant has not applied pesticides after the expiration
of the applicant’s license. All licenses issued under this
chapter expire December 31 each year.
2. However, a Subsection 1 does not apply to any of the
following:
a. A license issued to a pesticide dealer that expires as
provided in section 206.8 .
b. A certificate issued to a certified applicator that
expires as provided in section 206.5.
Sec. 129. Section 206.13, Code 2011, is amended to read as
follows:
206.13 Evidence of financial responsibility required by
commercial applicator.
1. The department shall not issue a commercial applicator’s
license as required in section 206.6 until the applicant
has furnished evidence of financial responsibility with the
department. The evidence of financial responsibility shall
consist of a surety bond, a liability insurance policy,
or an irrevocable letter of credit issued by a financial
institution. The department may accept a certification
of the evidence of financial responsibility. The evidence
of financial responsibility shall pay the amount that the
beneficiary is legally obligated to pay as damages caused
by the pesticide operations of the applicant. However, the
evidence of financial responsibility does not apply to damages
or an injury which is expected or intended from the standpoint
of the beneficiary. A liability insurance policy shall be
subject to the insurer’s policy provisions filed with and
approved by the commissioner of insurance. The evidence of
financial responsibility need not apply to damages or injury to
agricultural crops, plants, or land being worked upon by the
applicant.
2. The amount of the evidence of financial responsibility
as provided for in this section shall be not less than two
hundred fifty thousand dollars for property damage and
public liability insurance, each separately. The evidence
of financial responsibility shall be maintained at not less
than that amount at all times during the licensed period. The
department shall be notified ten days prior to any reduction in
the surety bond or liability insurance made at the request of

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the applicant or cancellation of the surety bond by the surety
or the liability insurance by the insurer. The department
shall be notified ninety days prior to any reduction of the
amount of the irrevocable letter of credit at the request of
the applicant or the cancellation of the irrevocable letter of
credit by the financial institution. The total and aggregate
liability of the surety, insurer, or financial institution for
all claims shall be limited to the face of the surety bond,
liability insurance policy, or irrevocable letter of credit.
DIVISION XVII
PESTICIDE REGULATION —— REGISTRATION
Sec. 130. Section 139A.21, subsection 7, Code 2011, is
amended by striking the subsection.
Sec. 131. Section 206.2, subsection 28, Code 2011, is
amended to read as follows:
28. “State restricted use pesticide” means a pesticide which
is restricted for sale, use, or distribution under section
455B.491 206.20 .
Sec. 132. Section 206.11, subsection 1, paragraph e,
unnumbered paragraph 1, Code 2011, is amended to read as
follows:
Any pesticide which contains any substance or substances in
quantities highly toxic to humans; determined as provided in
section 206.6 206.12 , unless the label shall bear, in addition
to any other matter required by this chapter :
Sec. 133. Section 206.12, subsection 1, Code 2011, is
amended by adding the following new paragraph:
NEW PARAGRAPH . c. The secretary shall provide for a
three-month grace period for registration.
Sec. 134. Section 206.12, subsection 2, paragraph c, Code
2011, is amended by striking the paragraph.
Sec. 135. Section 206.12, subsection 3, Code 2011, is
amended by striking the subsection.
Sec. 136. Section 206.21, subsection 2, Code 2011, is
amended to read as follows:
2. a. For the purpose of carrying out the provisions and
the requirements of this chapter and the rules made and notices
given pursuant thereto, the The secretary or , including the
secretary’s authorized agents, inspectors, or employees , may
enter into or upon any place during reasonable business hours
in order to take do any of the following:
(1) Take periodic random samples for chemical examinations
of pesticides and devices and to open .

Senate File 2311, p. 42
(2) Open any bundle, package or other container containing
or believed to contain a pesticide in order to determine
whether the pesticide or device complies with the requirements
of this chapter .
(3) Monitor the use of or review the pesticide application.
b. Methods of analysis shall be those currently used by the
association of official agricultural chemists.
DIVISION XVIII
COAL MINING
Sec. 137. Section 207.2, subsection 10, Code 2011, is
amended to read as follows:
10. “Prime farmland” has means the same meaning as
prescribed by the United States secretary department of
agriculture and published in the federal register on January
31, 1978 pursuant to 7 C.F.R. § 567.5(a) .
DIVISION XIX
WEIGHTS AND MEASURES —— GENERAL
Sec. 138. Section 215.1, Code 2011, is amended to read as
follows:
215.1 Duty to inspect Inspections .
The department shall regularly inspect all commercial
weighing and measuring devices, and when a complaint is made to
the department that any false or incorrect weights or measures
are being made, the department shall inspect the commercial
weighing and measuring devices which caused the complaint.
The department may inspect prepackaged goods to determine the
accuracy of their recorded weights.
Sec. 139. Section 215.4, Code 2011, is amended to read as
follows:
215.4 Tag for inaccurate or incorrect device —— reinspection
—— fee.
A commercial weighing and measuring device found to be
inaccurate or incorrect upon inspection by the department
shall be rejected or tagged “condemned until repaired” and
the “licensed for commercial use” inspection sticker shall be
removed. If notice is received by the department that the
device has been repaired and upon reinspection the device is
found to be accurate or correct , the license fee shall not be
charged for the reinspection. However, a second license fee
shall be charged if upon reinspection the device is found to be
inaccurate. The device shall be tagged “condemned” and removed
from service if a third reinspection fails.
Sec. 140. Section 215.7, Code 2011, is amended to read as

Senate File 2311, p. 43
follows:
215.7 Transactions by false weights or measures.
Any A person shall be deemed to have violated the provisions
of this chapter and shall be punished as provided in chapter
189 , if any of the following apply :
1. If such The person sell sells , trade trades , deliver
delivers , charge charges for or claim claims to have delivered
to a purchaser an amount of any commodity which is less in
weight or measure than that which is asked for, agreed upon,
claimed to have been delivered, or noted on the delivery
ticket.
2. If such The person make makes a settlement for or enter
enters credit, based upon any false weight or measurement, for
any commodity purchased.
3. If such The person make makes a settlement for or enter
enters a credit, based upon any false weight or measurement,
for any labor where the price of producing or mining is
determined by weight or measure.
4. If such The person record records a false weight or
measurement upon the weight ticket or book.
Sec. 141. Section 215.9, Code 2011, is amended to read as
follows:
215.9 Power of cities political subdivision limited.
Commodities A commodity weighed upon any scale bearing the
inspection card, a sticker issued by the department, shall not
be required to be reweighed as required by any ordinance of any
political subdivision including but not limited to a city, nor
shall their a commodity’s sale, at the weights so ascertained,
and because thereof, be, by such ordinance, prohibited or
restricted.
Sec. 142. Section 215.14, subsection 3, Code 2011, is
amended to read as follows:
3. After Before approval by the department, the
specifications for a commercial weighing and measuring
device shall be furnished to the purchaser of the device
by the manufacturer. The approval shall be based upon the
recommendation of the United States national institute of
standards and technology.
Sec. 143. Section 215.26, subsection 1, Code 2011, is
amended to read as follows:
1. “Commercial weighing and measuring device” means a weight
or measure or weighing or measuring device used to establish
size, quantity, area or other quantitative measurement of a

Senate File 2311, p. 44
commodity sold by weight or measurement, or where the price to
be paid for producing the commodity is based upon the weight or
measurement of the commodity. The term includes an accessory
attached to or used in connection with a commercial weighing or
measuring device when the accessory is so designed or installed
that its operation may affect the accuracy of the device.
“Commercial weighing and measuring device” includes a public
scale or a commercial scanner .
Sec. 144. Section 215.26, Code 2011, is amended by adding
the following new subsection:
NEW SUBSECTION . 1A. “Department” means the department of
agriculture and land stewardship.
DIVISION XX
WEIGHTS AND MEASURES —— STATE METROLOGIST
Sec. 145. Section 213.2, Code 2011, is amended to read as
follows:
213.2 Physical standards.
Weights and measures, which conform to the standards of the
United States national institute of standards and technology
existing as of January 1, 1979, that are traceable to the
United States standards supplied by the federal government
or approved as being in compliance with its standards by
the national bureau of standards shall be the state primary
standard of weights and measures. Such weights and measures
shall be verified upon initial receipt of same and as often
as deemed necessary by the secretary of agriculture. The
secretary may provide for the alteration in the state
primary standard of weights and measures in order to maintain
traceability with the standard of the United States national
bureau institute of standards and technology . All such
alterations shall be made pursuant to rules promulgated by the
secretary in accordance with chapter 17A .
DIVISION XXI
WEIGHTS AND MEASURES —— FUEL
Sec. 146. Section 214.1, subsection 3, Code 2011, is amended
to read as follows:
3. “Motor fuel blender pump” or “blender pump” means a motor
fuel pump meter that dispenses a type of motor fuel that is
blended from two or more different types of motor fuels and
which may dispense more than one type of blended motor fuel.
Sec. 147. Section 214.1, subsection 4, Code 2011, is amended
to read as follows:
4. “Motor fuel pump” means a pump, meter , or similar

Senate File 2311, p. 45
commercial weighing and measuring device used to measure and
dispense motor fuel originating from a motor fuel storage tank,
on a retail basis.
Sec. 148. Section 214.11, Code 2011, is amended to read as
follows:
214.11 Inspections —— recalibrations —— penalty.
1. The department of agriculture and land stewardship
shall provide for annual inspections of all motor fuel pumps ,
including but not limited to motor fuel blender pumps, licensed
under this chapter . Inspections shall be for the purpose of
determining the accuracy of the pumps’ measuring mechanisms,
and for such purpose the department’s inspectors may enter upon
the premises of any wholesale dealer or retail dealer, as they
are defined in section 214A.1 , of motor fuel or fuel oil within
this state. Upon completion of an inspection, the inspector
shall affix the department’s seal to the measuring mechanism
of the motor fuel pump. The seal shall be appropriately
marked, dated, and recorded by the inspector. If the owner
of an inspected and sealed motor fuel pump is registered
with the department as a servicer in accordance with section
215.23 , or employs a person so registered as a servicer, the
owner or other servicer may open the motor fuel pump, break
the department’s seal, recalibrate the measuring mechanism
if necessary, and reseal the motor fuel pump as long as the
department is notified of the recalibration within forty-eight
hours, on a form provided by the department.
2. A person violating a provision of this section is, upon
conviction, guilty of a simple misdemeanor.
DIVISION XXII
IOWA COMPREHENSIVE PETROLEUM UNDERGROUND STORAGE TANK FUND
BOARD
Sec. 149. Section 455G.4, subsection 1, paragraph a,
subparagraphs (4) and (5), Code Supplement 2011, are amended
to read as follows:
(4) Two Three public members appointed by the governor and
confirmed by the senate to staggered four-year terms, except
that, of the first members appointed, one public member shall
be appointed for a term of two years and one for a term of four
years. A public member shall have experience, knowledge, and
expertise of the subject matter embraced within this chapter .
The two A public members shall member may have experience in
either, or both, financial markets or insurance.
(5) Two Three owners or operators appointed by the governor ,

Senate File 2311, p. 46
two of which shall be designated as follows:
(a) One member shall be an owner or operator who is
self-insured.
(b) One member shall be a member of the petroleum marketers
and convenience stores of Iowa or its designee.
______________________________
JOHN P. KIBBIE
President of the Senate
______________________________
KRAIG PAULSEN
Speaker of the House
I hereby certify that this bill originated in the Senate and
is known as Senate File 2311, Eighty-fourth General Assembly.
______________________________
MICHAEL E. MARSHALL
Secretary of the Senate
Approved _______________, 2012
______________________________
TERRY E. BRANSTAD
Governor