Bill Text: IA SSB1160 | 2025-2026 | 91st General Assembly | Introduced

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Bill Title: A bill for an act providing for programs and regulations related to agriculture, including crop production, animal health, and agricultural processing, providing for powers and duties of the department of agriculture and land stewardship, providing fees, and providing penalties.

Spectrum: Committee Bill

Status: (Introduced) 2025-02-19 - Subcommittee: Sires, Zimmer, and Zumbach. [SSB1160 Detail]

Download: Iowa-2025-SSB1160-Introduced.html

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Senate Study Bill 1160 - Introduced
SENATE FILE _____
BY (PROPOSED COMMITTEE ON
AGRICULTURE BILL BY
CHAIRPERSON DRISCOLL)
A BILL FOR
An Act providing for programs and regulations related to
agriculture, including crop production, animal health, and
agricultural processing, providing for powers and duties
of the department of agriculture and land stewardship,
providing fees, and providing penalties.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
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DIVISION I
CROP PRODUCTION
PART A
APPLICATION OF NUTRIENTS
Section 1. Section 6A.21, subsection 1, paragraph b, Code
2025, is amended to read as follows:
b. (1) “Agricultural land” means real property owned by
a person in tracts of ten acres or more and not laid off into
lots of less than ten acres or divided by streets and alleys
into parcels of less than ten acres, and that has been used for
the production of agricultural commodities during three out
of the past five years. Such use of property includes , but
is not limited to , the raising, harvesting, handling, drying,
or storage of crops used for feed, food, seed, or fiber; the
care or feeding of livestock; the handling or transportation
of crops or livestock; the storage, treatment, or disposal of
livestock manure; and the application of fertilizers, soil
conditioners beneficial substances , pesticides, and herbicides
on crops. Agricultural land
(2) “Agricultural land” includes land on which is located
farm residences or outbuildings used for agricultural purposes
and land on which is located facilities, structures, or
equipment for agricultural purposes. Agricultural land
(3) “Agricultural land” includes land taken out of
agricultural production for purposes of environmental
protection or preservation.
Sec. 2. Section 190C.22, subsection 3, paragraph b, Code
2025, is amended to read as follows:
b. A sworn statement by the state chemist bureau chief
of the Iowa laboratory bureau or the state chemist’s bureau
chief’s deputy stating the results of an analysis of a sample
taken from a lot of agricultural products shall constitute
prima facie evidence of the correctness of the analysis of that
lot in a contested case proceeding or court proceeding.
Sec. 3. Section 200.3, Code 2025, is amended to read as
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follows:
200.3 Definitions of words and terms .
When As used in this chapter , unless the context otherwise
requires :
1. “Ammonium nitrate” means a compound that is chiefly
composed of ammonium salt of nitric acid which contains not
less than thirty-three percent nitrogen, one-half of which is
in the ammonium form and one-half in the nitrate form.
2. The term “anhydrous ammonia” “Anhydrous ammonia” means
the compound formed by the combination of two gaseous elements,
nitrogen and hydrogen, in the proportion of one part nitrogen
to three parts hydrogen by volume.
3. “Anhydrous ammonia plant” means a facility used for
the manufacture or distribution of the compound formed by the
combination of two gaseous elements, nitrogen and hydrogen, in
the proportion of one part nitrogen to three parts hydrogen by
volume.
4. a. “Beneficial substance” means any substance or
compound, other than primary, secondary, and microplant
nutrients, that can be demonstrated by scientific research
to be beneficial to one or more species of plants, soils, or
media, including any of the following:
(1) A plant amendment.
(2) A plant biostimulant.
(3) A plant inoculant.
(4) A soil-amending ingredient.
(5) A soil-amending ingredient form.
(6) A soil amendment.
(7) A soil inoculant.
b. “Beneficial substance” does not include a pesticide.
5. The term “brand” “Brand” means a term, design, or
trademark used in connection with one or several grades
of commercial fertilizer , product name, or other specific
designation under which a individual beneficial substance or
commercial fertilizer is offered for sale .
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5. The term “bulk fertilizer” shall mean commercial
fertilizer delivered to the purchaser in the solid, liquid, or
gaseous state, in a nonpackaged form to which a label cannot
be attached.
6. “Bulk” means in a nonpackaged form to which a label
cannot be attached.
7. The term “commercial fertilizer” “Commercial
fertilizer” includes fertilizer and fertilizer materials and
fertilizer-pesticide mixtures.
7. 8. “Department” means the department of agriculture and
land stewardship.
9. “Distribute” means to import, consign, manufacture,
produce, compound, mix, blend, or offer for sale, sell, barter,
or otherwise supply a commercial fertilizer or beneficial
substance in this state.
8. 10. The term “distributor” “Distributor” means
any person who imports, consigns, manufactures, produces,
compounds, mixes, or blends commercial fertilizer , or who
offers for sale, sells, barters, or otherwise distributes , a
commercial fertilizer or beneficial substance in this state.
9. 11. a. “Established date of operation” means the date on
which an anhydrous ammonia plant commenced operating.
b. If the physical facilities of the plant are subsequently
expanded, the established date of operation for each expansion
is deemed to be a separate and independent “established date of
operation” established as of the date of commencement of the
expanded operations.
c. The commencement of expanded operations does not divest
the plant of a previously established date of operation.
10. 12. “Established date of ownership” means the date
of the recording of an appropriate instrument of title
establishing the ownership of real estate.
11. 13. The term “fertilizer” “Fertilizer” means any
substance containing one or more recognized plant nutrient
which is nutrients used for its plant nutrient content
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and which is designed for use and claimed to have value
in promoting plant growth except unmanipulated animal and
vegetable manures or calcium and magnesium carbonate materials
used primarily for correcting soil acidity.
12. 14. The term “fertilizer material” “Fertilizer material”
means any substance used as a fertilizer or for compounding
a fertilizer containing one or more of the recognized plant
nutrients which are used for promoting plant growth or altering
plant composition.
13. 15. The term “grade” “Grade” means the percentages
of total nitrogen, available phosphorus or P O or both, and
2 5
soluble potassium or K O or both stated in whole numbers in same
2
terms, order , and percentages as in the “guaranteed analysis”
guaranteed analysis .
14. Guaranteed analysis:
16. a. (1) The term “guaranteed analysis” shall mean
“Guaranteed analysis” means the minimum percentage of plant
nutrients claimed and reported as Total Nitrogen (N), Available
Phosphorus (P) or P O or both, Soluble Potassium (K) or K O or
2 5 2
both and in the following form:
Total Nitrogen (N) ... percent
Available Phosphorus (P) or P O or both ... percent
2 5
Soluble Potassium (K) or K O or both ... percent
2
(2) Registration and guarantee of water soluble phosphorus
(P) or (P O ) shall be permitted.
2 5
b. The term “guaranteed analysis” “Guaranteed analysis” ,
in the form specified in paragraph “a” , includes all of the
following :
(1) (a) For unacidulated mineral phosphatic materials and
basic slag, both total and available phosphorus or P O or both
2 5
and the degree of fineness.
(b) For bone tankage and other organic phosphatic
materials, total phosphorus or P O or both.
2 5
(2) When any additional plant nutrient elements contained
in a beneficial substance as identified in subsection 10
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of this section , are claimed in writing, they shall be
identified in the guarantee, expressed as the element, and
shall be subject to inspection and analysis in accordance with
the methods and regulations that may be prescribed by the
association of official agricultural chemists.
17. “Label” means the display of all written, printed,
or graphic matter upon the immediate container or statement
accompanying a commercial fertilizer or beneficial substance.
18. “Labeling” means the advertising or promotion of any
commercial fertilizer or beneficial substance including but
not limited to any written, printed, graphic, or electronic
communication used in promoting the sale of a commercial
fertilizer or beneficial substance.
15. 19. “Licensee” means a person licensed under section
200.4 .
16. 20. “Nuisance” means public or private nuisance as
defined by statute or by the common law.
17. 21. “Nuisance action or proceeding” means an action,
claim or proceeding brought at law, in equity, or as an
administrative proceeding, which is based on nuisance.
18. 22. The term “official sample” “Official sample” means
any sample of commercial fertilizer taken by the secretary or
the secretary’s agent.
19. “Organic agricultural product” means the same as defined
in section 190C.1 .
20. 23. “Owner” means the person holding record title to
real estate, and includes both legal and equitable interest
under recorded real estate contracts.
21. 24. The term “percent or percentage” “Percent” or
“percentage” means the percentage by weight.
22. 25. The term “person” “Person” includes an individual,
or a type of partnership, limited liability company,
corporation, or association, firm, and corporation formed or
organized to do business in this state or authorized to do or
transact business in this state .
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23. 26. The term “pesticide” as used in this chapter
means “Pesticide” includes insecticides, miticides, nemacides,
fungicides, herbicides , and any other substance used in pest
control.
27. “Plant amendment” means any substance applied to
a plant seed which is intended to improve growth, yield,
product quality, reproduction, flavor, or other favorable
characteristics of a plant except a fertilizer, soil amendment,
agricultural liming material, animal manure, vegetable manure,
pesticide, plant regulator, or other material which may be
exempted by regulation.
28. “Plant biostimulant” means a substance, microorganism,
or mixture thereof, that, when applied to a seed, plant, the
rhizosphere, soil, or other growth media, acts to support
a plant’s natural nutrition processes independently of
the biostimulant’s nutrient content and improves nutrient
availability, uptake, or use efficiency, tolerance to abiotic
stress, and consequent growth, development, quality, or yield.
29. “Plant inoculant” means a product consisting of
microorganisms to be applied to the plant or soil for the
purpose of enhancing the availability or uptake of plant
nutrients through the root system.
24. 30. “Secretary” means the secretary of agriculture.
25. 31. The term “sell” “Sell” or “sale” includes exchange.
26. 32. A “soil conditioner” is “Soil amendment” means any
substance which when added to the soil or applied to plants
will produce a favorable growth, yield or quality of crop
or soil flora or fauna or other soil characteristics, other
than or a mixture of substances which is intended to improve
the physical, chemical, biochemical, biological, or other
characteristic of the soil, except a fertilizer, recognized
pesticide agricultural liming material , unmanipulated animal
and manure, unmanipulated vegetable manures or calcium and
magnesium carbonate materials used primarily for correcting
soil acidity manure, pesticide, or any other material exempted
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by regulation .
33. “Soil inoculant” means a microbial product that is
applied to colonize the soil to benefit the soil chemistry,
biology, or structure.
34. “Soil-amending ingredient” means any substance which
when applied to soil will improve the physical, chemical,
biochemical, biological, or other characteristics of the soil.
35. “Soil-amending ingredient form” means the chemical
compound, such as salt, chelate, oxide, or acid, of an
ingredient or the physical form of an ingredient.
27. 36. A “specialty fertilizer” is “Specialty fertilizer”
means a commercial fertilizer distributed primarily for
nonfarm use, such as home gardens, lawns, shrubbery, flowers,
golf courses, municipal parks, cemeteries, greenhouses , and
nurseries , and may include commercial fertilizers used for
research or experimental purposes.
28. 37. The term “ton” “Ton” means a net weight of two
thousand pounds avoirdupois.
29. 38. a. The term “unmanipulated manures” “Unmanipulated
manures” means any substances composed primarily of excreta,
plant remains, or mixtures of such substances which have not
been processed in any manner other than dewatering.
b. “Unmanipulated manures” includes unmanipulated animal
manure or unmanipulated vegetable manure.
30. Words importing the singular number may extend and be
applied to several persons or things, and words importing the
plural number may include the singular.
Sec. 4. Section 200.4, Code 2025, is amended to read as
follows:
200.4 License —— fee and expiration —— mixture requirement .
1. Any person who manufactures, mixes, blends, mixes to
customer’s order, offers for sale, sells, or distributes any
fertilizer or soil conditioner beneficial substance in this
state must first obtain a license issued by the secretary and
pay a twenty dollar license fee for each place of manufacture
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or distribution from which fertilizer or soil conditioner
beneficial substance products are sold or distributed in this
state. The license shall expire on July 1 of the even-numbered
year following the date the license is issued. A license may
be renewed for a two-year period as provided by the department.
2. The licensee shall at all times produce an intimate
and uniform mixture of fertilizers or soil conditioners
beneficial substances . When two or more fertilizer materials
are delivered in the same load, they shall be thoroughly and
uniformly mixed unless they are in separate compartments.
Sec. 5. Section 200.5, Code 2025, is amended to read as
follows:
200.5 Registration.
1. Each brand and grade of commercial fertilizer and each
soil conditioner beneficial substance shall be registered
before being offered for sale, sold , or otherwise distributed
in this state; except that a commercial fertilizer formulated
according to special specifications furnished by a consumer
to fill the consumer’s order shall not be required to be
registered, but shall be labeled as provided in section 200.6,
subsection 3 1, paragraph “c” . The application for registration
shall be submitted to the secretary on forms furnished by the
secretary and shall be accompanied by a label setting forth the
guaranteed analysis which shall be the same as that appearing
on the registered product.
2. All A registration will shall be permanent, provided,
however, that the secretary may request a listing of products
to be currently manufactured. The application shall include
the following information in the following order:
a. Net weight, if sold in packaged form.
b. Name and address of the registrant.
c. Name of product.
d. Brand.
e. Grade , if the product contains a recognized plant food .
f. Guaranteed analysis.
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3. In addition to the information required in subsection
2 of this section , applications an application for the
registration of soil conditioners a beneficial substance must
include the name or chemical designation and percentage of
content of each of the active ingredients. Each microbial
organism ingredient must be identified with species and genus
in colony-forming units per gram for a dry product or per
milliliter for a liquid product. Another unit of quantity
may be acceptable if an accurate and verifiable guarantee is
presented.
4. The secretary is authorized , after public hearing,
following due notice, to adopt rules under chapter 17A
regulating the labeling and registration of specialty
commercial fertilizers and other fertilizer products beneficial
substances , when necessary in the secretary’s opinion. The
secretary may require any reasonable information in addition
to section 200.3, subsection 14 16 , which is necessary and
useful to the purchasers of specialty fertilizers commercial
fertilizers and beneficial substances of this state and to
promote uniformity among states.
5. The secretary is authorized after public hearing,
following due notice, to establish adopt rules under chapter
17A establishing minimum acceptable levels of trace and
secondary elements components recognized as effective to aid
crops produced in Iowa this state and to require such warning
statements as may be deemed necessary to prevent injury to
crops or for user safety .
6. The secretary, whenever the secretary deems it necessary
in the administration of this chapter , may require the
submission of additional data about any article, including a
fertilizer , beneficial substance, or other product regulated
under this chapter to support the claims made for it. If it
appears to the secretary that the composition of the article is
such as to warrant the claims made for it, and if the article,
its labeling and other material required to be submitted,
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comply with the requirements of this chapter , the secretary
shall register the product.
7. If it does not appear to the secretary that the article
is such as to warrant the proposed claims for it, or if the
article and its labeling and other material required to be
submitted does do not comply with the a provision of this
chapter , the secretary shall notify the registrant of the
manner in which the article, labeling, or other material
required to be submitted fails to comply with this chapter
so as to afford the registrant an opportunity to make the
necessary corrections before resubmitting the label.
8. It shall be the responsibility of the registrant to
submit satisfactory evidence of favorable effects and safety
of the product.
9. The secretary shall establish minimum requirements
for the registration of fertilizers and soil conditioners
beneficial substances by efficacy testing or the substantiation
of data relevant to Iowa this state’s crops and soils.
10. A distributor shall not be required to register
any brand and grade of commercial fertilizer or beneficial
substance which is already registered under this chapter by
another person.
11. The advisory committee created in section 206.23 shall
advise and assist the secretary on the registration of a
product of commercial fertilizer or soil conditioner under the
provisions of this chapter .
Sec. 6. Section 200.6, Code 2025, is amended to read as
follows:
200.6 Labeling.
1. a. Any commercial fertilizer offered for sale or sold or
distributed in this state in bags , or other containers , shall
have placed on or affixed to the container in legibly written
or printed form, the information required by section 200.5 ,
subsection 2 ; , either on tags affixed to the end of the package
or directly on the package.
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2. b. If distributed in bulk, the a shipment of commercial
fertilizer must be accompanied by a written or printed
statement giving the purchaser’s name and address in addition
to the labeling requirement set forth in section 200.5 ,
subsection 2 .
3. c. A commercial fertilizer formulated according to
specifications which are furnished by a consumer prior to
mixing shall be labeled to show the net weight, guaranteed
analysis, and the name and address of the distributor and
may show the net weight and guaranteed analysis of each of
the fertilizer materials or soil conditioners used. It is
the responsibility of the distributor to mix these materials
uniformly and intimately so that when sampled in the prescribed
manner the resulting analysis would meet the guarantee.
4. d. All bulk bins or intermediate storage of bulk
commercial fertilizer where being offered for sale or
distributed direct to the consumer shall be labeled showing
brand, name , and grade of product.
5. e. All fertilizers distributed or stored in bulk, unless
in the manufacturers authorized containers, shall be labeled as
the responsibility of the possessor.
6. 2. Soil conditioners A beneficial substance shall be
labeled in accordance with subsection 1 of this section and
in addition shall show the name or chemical designation and
content or the active ingredients.
Sec. 7. Section 200.8, Code 2025, is amended to read as
follows:
200.8 Inspection fees.
1. a. There shall be paid by the licensee to the secretary
for all any commercial fertilizers and soil conditioners
fertilizer or beneficial substance sold , or distributed in this
state, an inspection fee to be fixed annually by the secretary
of agriculture at not more than twenty cents per ton. Sales
The sale of a commercial fertilizer or beneficial substance
for manufacturing purposes only are hereby is exempted from
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fees an inspection fee but must still be reported showing
the manufacturer who purchased same it . Payment of said the
inspection fee by any licensee shall exempt all other persons,
firms , or corporations from the payment thereof.
b. On an individual packages package of specialty a
commercial fertilizer or beneficial substance containing
twenty-five pounds or less, there shall be paid by the
manufacturer in lieu of the semiannual inspection fee as set
forth in this chapter , an annual registration and inspection
fee of one hundred dollars for each brand and grade sold or
distributed in the state. In the event that any manufacturer
sells specialty a commercial fertilizer or beneficial substance
in packages a package of twenty-five pounds or less and also
in packages a package of more than twenty-five pounds, this
annual registration and inspection fee shall apply only to that
portion sold in packages a package of twenty-five pounds or
less, and that portion sold in packages a package of more than
twenty-five pounds shall be subject to the same inspection fee
as fixed by the secretary of agriculture as provided in this
chapter .
c. Any person other than a manufacturer who annually offers
for sale, sells, or distributes specialty fertilizer in the
amount of four thousand pounds or more or applies specialty
fertilizer for compensation shall pay an annual inspection fee
of thirty dollars in lieu of the semiannual inspection fee as
set forth in this chapter .
2. Every person who is a licensee and any person required
to pay an annual registration and inspection fee under this
chapter in this state shall do all of the following :
a. File not later than the last day of January and
July of each year, on forms furnished by the secretary, a
semiannual statement setting forth the number of net tons of
commercial fertilizer or soil conditioners beneficial substance
distributed in this state by grade for each county during the
preceding six-month period ; and upon . Upon filing such the
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semiannual statement , the person shall pay the inspection fee
at the rate stated in subsection 1 . However, in lieu of the
semiannual statement by grade for each county, on individual
packages of specialty fertilizer containing twenty-five pounds
or less of commercial fertilizer , the registrant shall file
not later than the last day of July of each year, on forms
furnished by the secretary, an annual statement setting forth
the number of net tons of specialty commercial fertilizer
distributed in this state by grade during the preceding
twelve-month period.
b. If the tonnage report is not filed or the payment of
inspection fees, or both, is not made within ten days after
the last day of January and July of each year as required in
paragraph “a” of this subsection , a penalty amounting to ten
percent of the amount due, if any, shall be assessed against
the licensee. In any case, the penalty shall be no less than
fifty dollars. The amount of fees due, if any, and penalty
shall constitute a debt and become the basis of a judgment
against the licensee.
3. If there is an unencumbered balance of funds from the
amount of the fees deposited in the general fund pursuant to
sections 200.9 and 201A.11 on June 30 of any fiscal year equal
to or exceeding three hundred fifty thousand dollars, the
secretary of agriculture shall reduce the per ton fee provided
for in subsection 1 and the annual license fee established
pursuant to section 201A.3 for the next fiscal year in such
amount as will result in an ending estimated balance of such
funds for June 30 of the next fiscal year of three hundred
fifty thousand dollars.
4. 3. In addition to the fees imposed under subsection
1 , a groundwater protection fee shall be imposed upon
nitrogen-based fertilizer. The fee shall be based upon the
percentage of actual nitrogen contained in the product. An
eighty-two percent nitrogen solution shall be taxed at a rate
of seventy-five cents per ton. Other nitrogen-based product
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formulations shall be taxed on the percentage of actual
nitrogen contained in the formulations with the eighty-two
percent nitrogen solution serving as the base. The fee
shall be paid by each licensee registering to sell fertilizer
to the secretary of agriculture. The fees collected shall
be deposited in the agriculture management account of the
groundwater protection fund. The secretary of agriculture
shall adopt rules for the payment, filing, and collection of
groundwater protection fees from licensees in conjunction
with the collection of registration and inspection fees. The
secretary shall, by rule, allow an exemption to the payment
of this fee for fertilizers which contain trace amounts of
nitrogen.
Sec. 8. Section 200.10, Code 2025, is amended to read as
follows:
200.10 Inspection, sampling, and analysis.
1. It shall be the duty of the secretary, who may act
through an authorized agent, to sample, inspect, make analysis
of, and test commercial fertilizers or soil conditioners
beneficial substances distributed within this state at time
and place and to such an extent as the secretary may deem
necessary, to determine whether such commercial fertilizers and
soil conditioners or beneficial substances are in compliance
with the provisions of this chapter . In the performance of
the foregoing duty, the secretary shall counsel may consult
with the director of the Iowa agricultural experimental station
in respect to the time, place , and extent of sampling. The
secretary acting individually or through an agent is authorized
to enter upon any public or private premises or conveyances
during regular business hours in order to have access to
a commercial fertilizers fertilizer or soil conditioners
beneficial substance subject to the provisions of this chapter
and the rules and regulations pertaining thereto including in
rules adopted by the department under this chapter . It shall
be the duty of the The secretary to shall maintain a laboratory
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with the necessary equipment and to employ such employees
as may be necessary to aid assist in the administration and
enforcement of this chapter .
2. a. The methods of sampling and analysis shall be the
official methods of the association of official agricultural
chemists in all cases where methods have been adopted by the
association.
b. The findings of the state chemist or the state chemist’s
bureau chief of the Iowa laboratory bureau, or the bureau
chief’s deputy, as shown by the sworn statement of the results
of analysis of official samples of any brand and grade of
commercial fertilizer, fertilizer material , or soil conditioner
beneficial substance , shall constitute prima facie evidence of
their its correctness in the courts of this state, as to the
particular lots sampled and analyzed.
3. The secretary, in determining for administrative
purposes whether any commercial fertilizer is deficient in
plant food, or soil conditioner beneficial substance deficient
in guaranteed active ingredients, shall be guided by the
official sample as defined in section 200.3, subsection 18 22 ,
and obtained and analyzed as provided for in subsection 2 of
this section .
4. The results of official analysis of any commercial
fertilizer or soil conditioner beneficial substance which
has been found to be in violation of any provision of this
chapter , shall be forwarded by the secretary to the registrant.
Upon request, the secretary shall furnish to the registrant a
portion of any sample.
Sec. 9. Section 200.11, Code 2025, is amended to read as
follows:
200.11 Filler material Item that is injurious or filler .
It shall be unlawful for any person to A person shall
not manufacture, offer for sale , or sell in this state, any
commercial fertilizer , or soil conditioner beneficial substance
containing any substance used as a filler item that is
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injurious to crop growth or deleterious to the soil, or to use
in such commercial fertilizer , or soil conditioner beneficial
substance as a filler any substance item that contains inert or
useless plant food material for the purpose or with the effect
of deceiving or defrauding the purchaser.
Sec. 10. Section 200.12, Code 2025, is amended to read as
follows:
200.12 False or misleading statements.
A commercial fertilizer or soil conditioner beneficial
substance is misbranded if it does not identify substances
items promoting plant growth as defined in section 200.3,
subsection 11 , or if it carries any false or misleading
statement upon or attached to the container or stated on
the invoice or delivery ticket, or if the container or on
the invoice or delivery ticket or in any advertising matter
whatsoever connected with, accompanying , or associated with the
commercial fertilizer or soil conditioner beneficial substance .
Further, the burden of proof of the desirable effect of the
product commercial fertilizer or beneficial substance on plant
growth shall be the responsibility of the registrant.
Sec. 11. Section 200.14, Code 2025, is amended to read as
follows:
200.14 Rules.
1. a. The department may adopt rules pursuant to chapter
17A providing minimum general safety standards for the
design, construction, location, installation, and operation
of equipment for storage, handling, transportation by tank
truck or tank trailer, and utilization of fertilizers and soil
conditioners a fertilizer or beneficial substance .
b. The rules shall be such as are reasonably necessary
for the protection and safety of the public and persons using
fertilizers or soil conditioners a fertilizer or beneficial
substance , and shall be in substantial conformity with the
generally accepted standards of safety.
c. Fertilizer and soil conditioner or beneficial substance
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equipment shall be installed and maintained in a safe
operating condition and in conformity with rules adopted by the
department.
2. The department may adopt such reasonable rules as may
be necessary in order to carry into effect the purpose, and to
secure the efficient administration, of this chapter .
3. This chapter does not prohibit the use of storage
tanks smaller than transporting tanks nor the transfer of all
kinds any kind of fertilizers fertilizer or soil conditioners
beneficial substance directly from transporting tanks to
implements of husbandry, if proper safety precautions are
observed.
4. Rules adopted to implement this chapter are not subject
to section 17A.7, subsection 2 or 3 .
Sec. 12. Section 200.15, Code 2025, is amended to read as
follows:
200.15 Refusal to register or cancellation of registration
and licenses.
1. Upon satisfactory evidence that the registrant or
licensee has used fraudulent or deceptive practices or has
willfully violated any provisions of this chapter or any
rules and regulations promulgated adopted under this chapter ,
the secretary is authorized and empowered to do any of the
following:
a. Cancel the registration of any product of commercial
fertilizer or soil conditioner beneficial substance or license.
b. Refuse to register any product of commercial fertilizer
or soil conditioner beneficial substance .
c. Refuse to license any applicant.
2. However, a A registration or license shall not be revoked
or refused until the registrant or licensee has been given the
opportunity to appear for a hearing by the secretary.
Sec. 13. Section 200.16, Code 2025, is amended to read as
follows:
200.16 “Stop sale” orders.
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The secretary may issue and enforce a written or printed
“stop sale, use or removal” order to the owner or custodian of
any lot of commercial fertilizer or soil conditioner beneficial
substance , if the secretary finds the commercial fertilizer
or soil conditioner beneficial substance is being offered or
exposed for sale in violation of any of the provisions of
this chapter or including any of the rules and regulations
promulgated rule adopted under this chapter . The secretary may
hold the commercial fertilizer or soil conditioner beneficial
substance at a designated place until the law has been complied
with and the commercial fertilizer or soil conditioner
beneficial substance is released in writing by the secretary,
or the violation has been otherwise legally disposed of by
written authority, and all costs and expenses incurred in
connection with the withdrawal have been paid.
Sec. 14. Section 200.17, Code 2025, is amended to read as
follows:
200.17 Seizure, condemnation, and sale.
Any lot of commercial fertilizer or soil conditioner
beneficial substance not in compliance with the provisions
of this chapter shall be subject to seizure on complaint of
the secretary to a court of competent jurisdiction in the
county or adjoining county in which the commercial fertilizer
or soil conditioner beneficial substance is located. In
the event the court finds the commercial fertilizer or soil
conditioner beneficial substance to be in violation of this
chapter and orders or an order for the condemnation of the
commercial fertilizer or soil conditioner beneficial substance ,
it the commercial fertilizer or beneficial substance shall be
disposed of in any manner consistent with the quality of the
commercial fertilizer or soil conditioner beneficial substance
and the laws of the state. However, in no instance shall the
disposition of the commercial fertilizer or soil conditioner
beneficial substance shall not be ordered by the court without
first giving the claimant an opportunity to apply to the court
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for release of the commercial fertilizer or soil conditioner
beneficial substance or for permission to reprocess or relabel
the commercial fertilizer or soil conditioner beneficial
substance to bring it into compliance with this chapter .
Sec. 15. Section 200.18, subsection 1, Code 2025, is amended
to read as follows:
1. If it shall appear from the examination of any commercial
fertilizer or soil conditioner beneficial substance or any
anhydrous ammonia installation, equipment, or operation that
any of the provisions a provision of this chapter or the rules
and regulations issued , including any rule adopted under this
chapter , have been violated, the secretary shall cause notice
of the violations to be given to the registrant, distributor,
or possessor from whom said sample was taken ; any . The person
so notified shall be given opportunity to be heard under such
rules and regulations as may be prescribed by the secretary.
If it appears after such hearing, either in the presence or
absence of the person so notified, that any of the provisions
provision of this chapter or rules and regulations issued ,
including a rule adopted under this chapter have , has been
violated, the secretary may certify the facts to the proper
prosecuting attorney.
Sec. 16. Section 200.19, Code 2025, is amended to read as
follows:
200.19 Exchanges between manufacturers.
Nothing in this chapter shall be construed to restrict or
avoid sales or exchanges of commercial fertilizers or soil
conditioners beneficial substances to each other by importers,
manufacturers, or manipulators who mix fertilizer materials for
sale or as preventing the free and unrestricted shipments of
commercial fertilizer or soil conditioner to manufacturers or
manipulators who have registered their brands as required by
the provisions of this chapter .
Sec. 17. Section 200.20, subsection 2, Code 2025, is amended
to read as follows:
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2. Subsection 1 shall does not apply to any of the
following:
a. A specialty fertilizer.
b. A fertilizer designed to be applied and ordinarily
applied directly to growing plant foliage to stimulate further
growth.
c. Compost materials to be applied on land, if any of the
following apply:
(1) The land is being used to produce an agricultural
commodity that is an organic agricultural product as provided
in chapter 190C , including rules adopted by the department
under that chapter.
(2) The land is in the transition of being used to produce
an agricultural commodity that is an organic agricultural
product, pursuant to rules adopted by the department as
provided in chapter 190C .
Sec. 18. Section 200.22, subsection 2, Code 2025, is amended
to read as follows:
2. The provisions of this chapter and rules adopted by
the department pursuant to this chapter shall preempt local
legislation adopted by a local governmental entity relating to
the use, sale, distribution, storage, transportation, disposal,
formulation, labeling, registration, or manufacture of a
fertilizer or soil conditioner beneficial substance . A local
governmental entity shall not adopt or continue in effect local
legislation relating to the use, sale, distribution, storage,
transportation, disposal, formulation, labeling, registration,
or manufacture of a fertilizer or soil conditioner beneficial
substance , regardless of whether a statute or rule adopted
by the department applies to preempt the local legislation.
Local legislation in violation of this section is void and
unenforceable.
Sec. 19. Section 200A.2, Code 2025, is amended to read as
follows:
200A.2 Purpose.
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The purpose of this chapter is to regulate certain bulk
dry animal manure for use as a fertilizer or soil conditioner
beneficial substance , which is unmanipulated and therefore not
subject to regulation under chapter 200 .
Sec. 20. Section 202.1, subsection 12, Code 2025, is amended
to read as follows:
12. “Produce” means to do any of the following:
a. Provide feed or services relating to as part of the
livestock’s care and feeding of livestock . If the livestock is
dairy cattle, “produce” includes milking the dairy cattle and
storing raw milk at the contract producer’s contract livestock
facility.
b. Provide for planting, raising, harvesting, and storing
a crop. “Produce” includes preparing the soil for planting
and nurturing the crop by the application of fertilizers a
fertilizer or soil conditioners beneficial substance as defined
in section 200.3 or pesticides a pesticide as defined in
section 206.2 .
Sec. 21. Section 206.12, subsection 1, paragraph a, Code
2025, is amended to read as follows:
a. For the purpose of this chapter , fertilizers a fertilizer
in a mixed fertilizer-pesticide formulations formulation or
a beneficial substance in a beneficial substance-pesticide
formulation shall be considered as an inert ingredients
ingredient .
Sec. 22. Section 321.1, subsection 1, Code 2025, is amended
to read as follows:
1. a. “Agricultural hazardous material” means a hazardous
material, other than hazardous waste, whose end use directly
supports the production of an agricultural commodity,
including , but not limited to , a fertilizer, pesticide, soil
conditioner beneficial substance , or fuel.
b. “Agricultural hazardous material” is limited to material
in class 3, 8, or 9, division 2.1, 2.2, 5.1, or 6.1, or an ORM-D
material as defined in 49 C.F.R. §171.8 .
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Sec. 23. Section 403.17, subsection 3, Code 2025, is amended
to read as follows:
3. a. “Agricultural land” means real property owned by a
person in tracts of ten acres or more and not laid off into
lots of less than ten acres or divided by streets and alleys
into parcels of less than ten acres, and that has been used for
the production of agricultural commodities during three out
of the past five years. Such use of property includes, but
is not limited to, the raising, harvesting, handling, drying,
or storage of crops used for feed, food, seed, or fiber; the
care or feeding of livestock; the handling or transportation
of crops or livestock; the storage, treatment, or disposal of
livestock manure; and the application of fertilizers, soil
conditioners beneficial substances , pesticides, and herbicides
on crops. Agricultural land
b. “Agricultural land” includes land on which is located
farm residences or outbuildings used for agricultural purposes
and land on which is located facilities, structures, or
equipment for agricultural purposes. Agricultural land
c. “Agricultural land” includes land taken out of
agricultural production for purposes of environmental
protection or preservation.
Sec. 24. Section 455B.411, subsection 3, paragraph b,
subparagraph (1), Code 2025, is amended to read as follows:
(1) Agricultural wastes, including manures and crop
residues that are returned to the soil as fertilizers or soil
conditioners beneficial substances .
Sec. 25. Section 455E.11, subsection 2, paragraph b,
unnumbered paragraph 1, Code 2025, is amended to read as
follows:
An agriculture management account. Moneys collected from
the groundwater protection fee levied pursuant to section
200.8, subsection 4 3 , the portion of the fees collected
pursuant to section 206.8, subsection 2 , and section 206.12,
subsection 3 , and other moneys designated for the purpose of
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agriculture management shall be deposited in the agriculture
management account. The agriculture management account shall
be used for the following purposes:
Sec. 26. Section 579B.1, subsection 14, paragraph b, Code
2025, is amended to read as follows:
b. Provide for planting, raising, harvesting, and storing
a crop. “Produce” includes preparing the soil for planting
and nurturing the crop by the application of fertilizers a
fertilizer or soil conditioners beneficial substance as defined
in section 200.3 or pesticides a pesticide as defined in
section 206.2 .
Sec. 27. Section 716.11, subsection 2, Code 2025, is amended
to read as follows:
2. a. “Critical infrastructure sabotage” means an
unauthorized and overt act intended to cause and having the
means to cause, and in substantial furtherance of causing, a
substantial and widespread interruption or impairment of a
fundamental service rendered by the critical infrastructure.
However, “critical infrastructure sabotage”
b. “Critical infrastructure sabotage” does not include
an accidental interruption or impairment of service to the
critical infrastructure caused by a person in the performance
of the person’s work duties or caused by a person’s lawful
activity. In addition, “critical infrastructure sabotage” does
not include any condition or activity related to the production
of farm products as defined in section 554.9102 , including
but not limited to the discharge of agricultural stormwater;
the construction or use of soil or water quality conservation
practices or structures; the preparation of agricultural land
and the raising, harvesting, drying, or storage of agricultural
crops; the application of a fertilizer or beneficial substance
as defined in section 200.3 , pesticides a pesticide as defined
in section 206.2 , or manure as defined in section 459.102 ; the
installation and use of agricultural drainage tile and systems;
the construction, operation, or management of an animal feeding
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operation as defined in section 459.102 ; and the care, feeding,
or watering of livestock.
PART B
APPLICATION OF PESTICIDES —— CERTIFICATION
Sec. 28. Section 206.5, subsection 7, paragraph b,
subparagraph (1), Code 2025, is amended to read as follows:
(1) The department shall may adopt by rule criteria for
allowing a person required to be certified to complete either
a written or oral examination.
DIVISION II
ANIMAL HEALTH
PART A
CONTROL OF INFECTIOUS OR CONTAGIOUS DISEASES AFFLICTING ANIMALS
Sec. 29. Section 163.1, subsection 1, Code 2025, is amended
by striking the subsection.
Sec. 30. Section 163.1, subsection 3, Code 2025, is amended
to read as follows:
3. Determine and employ the most efficient and practical
means for the identification and control of an infectious or
contagious disease afflicting animals that may threaten or
actually threatens animals in this state .
Sec. 31. NEW SECTION . 163.2B Rules.
1. The department shall adopt rules pursuant to chapter 17A
to administer and enforce this chapter.
2. If the department determines that rules described in
subsection 1 are required to be adopted and take effect on
an emergency basis to prevent or control the outbreak of an
infectious or contagious disease afflicting animals, the
department may adopt emergency rules under section 17A.4,
subsection 3, and section 17A.5, subsection 2, paragraph “b” ,
to administer and enforce this chapter. The rules shall be
effective immediately upon filing unless a later date is
specified in the rules. Any rules adopted in accordance with
this subsection shall also be published as a notice of intended
action as provided in section 17A.4.
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Sec. 32. CODE EDITOR DIRECTIVE.
1. The Code editor is directed to make the following
transfers:
a. Section 163.2A to section 163.3.
b. Section 163.2B to section 163.2A.
2. The Code editor shall correct internal references in the
Code and in any enacted legislation as necessary due to the
enactment of this section.
Sec. 33. DIRECTIONS TO CODE EDITOR. The Code editor is
directed to arrange the provisions of chapter 163, subchapter
I, parts 1 and 2, as amended or enacted in this division of this
Act, into the following parts:
1. Part 1, including sections 163.1 through 163.2A.
2. Part 2, including sections 163.3 through 163.5.
PART B
PRACTICE OF VETERINARY MEDICINE
Sec. 34. Section 169.5, subsection 9, Code 2025, is amended
to read as follows:
9. A person who provides veterinary medical services,
owns a veterinary clinic, or practices in this state shall
obtain a certificate from the board and be subject to the same
standards of conduct, as provided in this chapter and rules
adopted by the board, as apply to a licensed veterinarian,
unless the board determines that the same standards of
conduct are inapplicable. The board shall issue, renew, or
deny a certificate; adopt rules relating to the standards of
conduct; and take disciplinary action against the person,
including suspension or revocation of a certificate, in
accordance with the procedures established in section 169.14 .
Certification fees shall be established by the board pursuant
to subsection 7 , paragraph “j” . Fees Certification fees
shall be established in an amount sufficient to fully offset
the costs of certification pursuant to this subsection . F or
the fiscal year beginning July 1, 2001, and ending June 30,
2002, the department shall retain fees collected to administer
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the program of certifying veterinary clinics and the fees
retained are appropriated to the department for the purposes
of this subsection . For the fiscal year beginning July 1,
2001, and ending June 30, 2002, notwithstanding section 8.33 ,
fees which remain unexpended at the end of the fiscal year
shall not revert to the general fund of the state but shall be
available for use for the following fiscal year to administer
the program. For the fiscal year beginning July 1, 2002, and
succeeding fiscal years, certification Certification fees
shall be deposited in the general fund of the state and are
appropriated to the department to administer the certification
provisions of this subsection . This subsection shall not
apply to an animal shelter, as defined in section 162.2 , that
provides veterinary medical services to animals in the custody
of the shelter.
Sec. 35. Section 169.13, Code 2025, is amended to read as
follows:
169.13 Discipline of licensees.
1. The board of veterinary medicine, after due notice and
hearing, may revoke or suspend a license to practice veterinary
medicine take disciplinary action against a licensee if it
determines that a veterinarian licensed to practice veterinary
medicine is guilty of violating any of the following acts or
offenses: grounds for discipline in this section.
2. The board is authorized to discipline licensees in any
of the following ways:
a. Impose a civil penalty against the licensee in an amount
not to exceed ten thousand dollars. If the board imposes a
civil penalty, all of the following apply:
(1) The collection of the civil penalty may be enforced in
a civil action brought by the attorney general on behalf of the
board.
(2) Moneys collected in civil penalties shall be deposited
in the general fund of the state.
b. Revoke or suspend a license to practice veterinary
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medicine.
3. Any of the following actions or offenses constitutes
grounds for discipline:
a. Knowingly making a misleading, deceptive, untrue, or
fraudulent representation in the practice of the profession.
b. Being convicted of a felony in the courts a court of
this state or another state, territory, or country. Conviction
as used in this paragraph includes a conviction of an offense
which if committed in this state would be deemed a felony
without regard to its designation elsewhere, or a criminal
proceeding in which a finding or verdict of guilt is made or
returned, but the adjudication or guilt is either withheld or
not entered. A certified copy of the final order or judgment
of conviction or plea of guilty in this state or in another
state is conclusive evidence.
c. Violating a statute or law of this state, another state,
or the United States, without regard to its designation as
either felony or misdemeanor, which if the statute or law
relates to the practice of veterinary medicine.
d. Having the person’s license to practice veterinary
medicine revoked or suspended, or having other disciplinary
action taken by a licensing authority of another state,
territory, or country. A certified copy of the record or
order of the suspension, revocation, or disciplinary action is
conclusive or prima facie evidence.
e. Knowingly aiding, assisting, procuring, or advising a
person to unlawfully practice veterinary medicine.
f. Being adjudged mentally incompetent by a court of
competent jurisdiction. The adjudication shall automatically
suspend a license for the duration of the license unless the
board orders otherwise.
g. Being guilty of a willful or repeated departure from, or
the a failure to conform to, the minimal standard of acceptable
and prevailing practice of veterinary medicine as defined in
rules adopted by the board, in which proceeding actual injury
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to an animal need not be established; or the committing by a
veterinarian of an act contrary to honesty, justice, or good
morals, whether the act is committed in the course of the
practice or otherwise, and whether committed within or without
this state.
h. Inability Demonstrating an inability to practice
veterinary medicine with reasonable skill and safety by reason
of illness, drunkenness, excessive use of drugs, narcotics,
chemicals, or other type of material or as a result of a mental
or physical condition.
i. Willful Having willfully or repeated violation of
repeatedly violated lawful rules adopted by the board or
violation of a lawful order of the board, previously entered by
the board in a disciplinary hearing.
2. 4. a. The board, upon probable cause, may compel a
veterinarian to submit to a mental or physical examination by
designated physicians. Failure of a veterinarian to submit to
an examination constitutes an admission to the allegations made
against that veterinarian and the finding of fact and decision
of the board may be entered without the taking of testimony
or presentation of evidence. At reasonable intervals, a
veterinarian shall be afforded an opportunity to demonstrate
that the veterinarian can resume the competent practice
of veterinary medicine with reasonable skill and safety to
animals.
b. A person licensed to practice veterinary medicine who
makes application applies for the renewal of the person’s
license as required by section 169.12 gives consent to
submit to a mental or physical examination as provided by
this paragraph when directed in writing by the board. All
objections shall be waived as to the admissibility of the
examining physician’s testimony or examination reports on
the grounds that they constitute privileged communication.
The medical testimony or examination reports shall not
be used against a veterinarian in another proceeding and
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are confidential except for other actions filed against a
veterinarian to revoke or suspend that person’s license.
PART C
COURT-ORDERED MANAGEMENT OF LIVESTOCK IN IMMEDIATE NEED OF
SUSTENANCE
Sec. 36. Section 717.4A, Code 2025, is amended to read as
follows:
717.4A Livestock in immediate need of sustenance —— livestock
remediation fund.
The department may utilize the moneys deposited into the
livestock remediation fund pursuant to section 459.501 to pay
for any expenses associated with providing sustenance to or
the disposition of the livestock pursuant to a court order
entered pursuant to section 717.3 or 717.5 . The department
shall utilize moneys from the fund only to the extent that the
department determines that expenses cannot be timely paid by
utilizing the available provisions of sections 717.4 and 717.5 .
The department shall deposit any unexpended and unobligated
moneys in the fund. The department shall pay to the fund the
proceeds from the disposition of the livestock and associated
products less expenses incurred by the department in providing
for the sustenance and disposition of the livestock, as
provided in section 717.5 If there are proceeds remaining after
the disposition of the livestock or associated products and
satisfaction of the department’s expenses, and the department
has utilized moneys from the livestock remediation fund, the
department shall repay the fund from the proceeds .
Sec. 37. Section 717.5, subsection 1, Code 2025, is amended
by adding the following new paragraph:
NEW PARAGRAPH . d. If the court orders the disposition of
the livestock that involves the livestock’s sale or transfer,
the order shall be deemed as occurring by a receiver appointed
pursuant to section 680.4.
Sec. 38. Section 717.5, subsection 3, Code 2025, is amended
by adding the following new paragraph:
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NEW PARAGRAPH . d. If any moneys remain after satisfying the
costs of the local authority or department, such moneys shall
be distributed pursuant to the process and priorities contained
in chapter 680.
DIVISION III
AGRICULTURAL PROCESSING
Sec. 39. NEW SECTION . 189A.1A Objective.
1. It is the objective of this chapter to provide for meat
and poultry products inspection programs that will impose and
enforce requirements with respect to intrastate operations
and commerce that are at least equal to those imposed and
enforced under the federal Meat Inspection Act and the federal
Poultry Products Inspection Act with respect to operations and
transactions in interstate commerce.
2. The secretary is directed to administer this chapter
so as to accomplish this objective. The bureau chief of the
meat and poultry inspection bureau shall be designated as the
secretary’s delegate to be the appropriate state official to
cooperate with the secretary of agriculture of the United
States in administration of this chapter.
Sec. 40. Section 189A.2, Code 2025, is amended by adding the
following new subsections:
NEW SUBSECTION . 5A. “Department” means the department of
agriculture and land stewardship.
NEW SUBSECTION . 29A. “Secretary” means the secretary of
agriculture.
Sec. 41. Section 189A.3, Code 2025, is amended to read as
follows:
189A.3 License —— fee.
1. a. A person shall not operate an establishment without
first obtaining a license from the department.
b. Paragraph “a” does not apply to any of the following:
(1) A food establishment as defined in section 137F.1 .
(2) A home food processing establishment as defined in
section 137D.1.
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(2) (3) A person who slaughters, processes, or prepares
livestock or poultry of the person’s own raising, exclusively
for the person’s household, nonpaying guests, or nonpaying
employees.
2. a. The license fee for each establishment per year or
any part of a year shall be as follows :
a. (1) For all meat and poultry slaughtered or otherwise
prepared not exceeding twenty thousand pounds per year for
sale, resale, or custom, twenty-five fifty dollars.
b. (2) For all meat and poultry slaughtered or otherwise
prepared in excess of twenty thousand pounds per year for sale,
resale, or custom, fifty one hundred dollars.
b. A license fee collected by the department shall be
retained by the department as appropriated receipts for
administration of this chapter.
3. a. The moneys shall be deposited with the department.
The A license year shall be from July 1 to June 30 shall expire
on July 1 of each odd-numbered year . Applications
b. An application for licenses a license shall be in writing
on forms a form prescribed by the department.
4. It is the objective of this chapter to provide for meat
and poultry products inspection programs that will impose and
enforce requirements with respect to intrastate operations
and commerce that are at least equal to those imposed and
enforced under the federal Meat Inspection Act and the federal
Poultry Products Inspection Act with respect to operations
and transactions in interstate commerce; and the secretary
is directed to administer this chapter so as to accomplish
this purpose. A director of the meat and poultry inspection
service shall be designated as the secretary’s delegate to be
the appropriate state official to cooperate with the secretary
of agriculture of the United States in administration of this
chapter .
Sec. 42. Section 189A.4, subsection 1, unnumbered paragraph
1, Code 2025, is amended to read as follows:
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In order to accomplish the objectives objective of this
chapter , the secretary may exempt the following types of
operations from inspection:
Sec. 43. Section 189A.5, subsection 2, unnumbered paragraph
1, Code 2025, is amended to read as follows:
In order to accomplish the objectives objective stated
in section 189A.3 189A.1A, the secretary shall do any of the
following :
Sec. 44. Section 189A.7, unnumbered paragraph 1, Code 2025,
is amended to read as follows:
In order to accomplish the objective stated in section
189A.3 189A.1A, the secretary may do any of the following :
EXPLANATION
The inclusion of this explanation does not constitute agreement with
the explanation’s substance by the members of the general assembly.
GENERAL. This bill provides for the administration of a
number of programs and regulations relating to agriculture,
including crop production, and specifically the application of
soil inputs such as fertilizers and soil conditioners (Code
chapters 200 and 200A) and pesticides (Code chapter 206);
animal health, and specifically the control of infectious or
contagious diseases afflicting animals (Code chapter 163), the
practice of veterinary medicine (Code chapter 169), and the
court-ordered management of livestock in immediate need of
sustenance (Code chapter 717); and agricultural processing, and
specifically the slaughter and processing of meat and poultry
products (Code chapter 189A).
CROP PRODUCTION —— APPLICATION OF NUTRIENTS —— BACKGROUND.
The department of agriculture and land stewardship (DALS)
regulates the composition of soil inputs, including nutrients
such as fertilizers which are manufactured to achieve optimum
plant growth under the Iowa fertilizer law (Code section
200.1), which includes a number of definitions (Code section
200.3). DALS also regulates fertilizing material which is
a substance used to compound a fertilizer, and a commercial
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fertilizer which refers to a fertilizer, fertilizing material,
and a fertilizer-pesticide mixture. A secondary input is
referred to as a soil conditioner which is a substance other
than a fertilizer that improves the condition or structure
of the soil and is also used to improve plant growth. DALS
licenses persons who manufacture, offer for sale, sell, or
distribute a fertilizer or soil conditioner. The person is
also subject to a license fee (Code section 200.4). Each brand
or grade of commercial fertilizer or soil conditioner must
be registered with DALS (Code section 200.5). A fertilizer
or soil conditioner is subject to label requirements (Code
section 200.6). DALS imposes an inspection fee upon a
licensee (Code section 200.8). DALS must sample, inspect,
make analysis of, and test a commercial fertilizer or soil
conditioner distributed within the state (Code section 200.10).
A person is prohibited from manufacturing, offering for sale,
or selling a commercial fertilizer or soil conditioner that
is injurious to crop growth or deleterious to the soil (Code
section 200.11). A person selling a commercial fertilizer
or soil conditioner must identify substances promoting
its use in a manner that is not deceptive (Code section
200.12). DALS must adopt rules regulating equipment used
in storing, handling, and transporting fertilizers and soil
conditioners (Code section 200.14). DALS is authorized to
take administrative action against a licensee or registrant
acting in violation of the law, including by canceling the
license or registration (Code section 200.15), issuing a stop
order (Code section 200.16), or seizing a commercial fertilizer
or soil conditioner (Code section 200.17). A county, city,
or other political subdivision is prohibited from passing or
enforcing local legislation that regulates the use, sale,
distribution, storage, transportation, disposal, formulation,
labeling, registration, or manufacture of a fertilizer or soil
conditioner (Code section 200.22). A person registering a
pesticide must account for formulations of a fertilizer (Code
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section 206.12). A number of Code sections include a reference
to soil conditioners: the definition of agricultural land
for purposes of eminent domain (Code section 6A.21) and urban
renewal (Code section 403.17) each include such a reference.
A transportation regulation involving hazardous materials
includes soil conditioners (Code section 321.1). A commodity
production contract lien (Code section 579B.1) covers the use
of a soil conditioner. An exception to the criminal offense
of critical infrastructure sabotage includes the use of a soil
conditioner (Code section 716.11).
CROP PRODUCTION —— APPLICATION OF NUTRIENTS —— BILL. The
bill replaces the term soil conditioner with beneficial
substance which is defined as a substance or compound that is
beneficial to one or more species of plants, soil, or media.
It includes a plant amendment, plant biostimulant, plant
inoculant, soil-amending ingredient, soil-amending form, soil
amendment, and soil inoculant. The bill changes references to
the state chemist to the bureau chief of the Iowa laboratory
bureau (Code sections 190C.22 and 200.10).
APPLICATION OF PESTICIDES —— CERTIFICATION —— BACKGROUND.
DALS is responsible for the administration and enforcement of
the “Pesticide Act of Iowa” (Code chapter 206), which in part
regulates the use of a pesticide by a commercial applicator,
public applicator, or private applicator (Code section 206.2).
Generally, a person acting as a commercial applicator or public
applicator must be certified to apply any pesticide, and a
person acting as a commercial applicator, public applicator,
or private applicator (e.g., a farmer) must be certified to
apply a restricted use pesticide (Code section 206.5). The
designation “restricted use” is determined by DALS (Code
section 206.20) and is generally based on a pesticide so
classified by the United States environmental protection agency
(40 C.F.R. §152.160 et seq.). DALS is required to administer
an educational program in cooperation with the Iowa cooperative
extension service in agriculture and home economics of Iowa
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state university of science and technology. In order to be
certified, a person must participate in the educational program
by passing an examination for an initial certification and pass
an examination or attend instructional hours every three years
for the renewal of the certification (Code section 206.5).
APPLICATION OF PESTICIDES —— CERTIFICATION —— BILL. The
bill removes a requirement that DALS adopt by rule criteria
allowing a person required to be certified to complete either a
written or oral examination. The bill provides that DALS has
discretion to adopt such rules.
ANIMAL HEALTH —— CONTROL OF INFECTIOUS OR CONTAGIOUS
DISEASES AFFLICTING ANIMALS —— BACKGROUND. DALS is granted
authority to provide for the health of animals and specifically
the control of an infectious or contagious disease (disease)
afflicting livestock populations (Code chapter 163). The term
“control” refers to prevention, suppression, or eradication
efforts (Code section 163.2).
ANIMAL HEALTH —— CONTROL OF INFECTIOUS OR CONTAGIOUS
DISEASES AFFLICTING ANIMALS —— BILL. The bill provides that
DALS may determine and employ the most efficient and practical
means to identify and control a possible, imminent, or actual
threat to an animal population caused by a disease.
The bill provides that DALS may adopt any necessary rules
for the control of an infectious disease affecting animals
within the state by emergency rulemaking. When a statute
authorizes emergency rulemaking, an agency may adopt a rule
immediately without going through the periods of the rulemaking
process known as regulatory analysis (Code section 17A.4A)
and notice of intended action (Code section 17A.4(3)). The
bill requires that such emergency rulemaking be “double
barreled”. Under the process known as double-barreled
rulemaking, when an agency files an emergency rule, it also
files the same rule as a notice of intended action that will
follow the regular rulemaking process. Normally, a rule
cannot be effective prior to 35 days after its filing with the
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administrative rules coordinator and publication in the Iowa
administrative bulletin. Under emergency rulemaking, a rule
can be made effective on the date of filing and acceptance
by the administrative rules coordinator or any subsequent
date, as specified by the agency in the filing (Code section
17A.5(2)(b)(1)).
ANIMAL HEALTH —— PRACTICE OF VETERINARY MEDICINE ——
BACKGROUND. Veterinarians are regulated by the board of
veterinary medicine (veterinary board) which is responsible
for licensing and imposing disciplinary action, including the
suspension or revocation of a license for cause following a
notice and hearing before the veterinary board. The basis for
disciplinary action includes making a false representation,
being convicted of a felony in Iowa or another jurisdiction,
violating a statute or law of Iowa or another jurisdiction,
being subject to disciplinary action in another state,
assisting in the unlawful practice of veterinary medicine,
being adjudged as mentally incompetent, failing to conform
with an acceptable practice of veterinary medicine, and being
unable to practice veterinary medicine with reasonable skill
and safety (amended Code section 169.13).
ANIMAL HEALTH —— PRACTICE OF VETERINARY MEDICINE —— BILL.
The bill provides that, in addition to imposing disciplinary
action, the veterinary board may assess a civil penalty.
The amount of the civil penalty cannot exceed $10,000 per
violation. The attorney general may initiate a claim to
collect a civil penalty and any amount collected must be
deposited in the general fund of the state.
ANIMAL HEALTH —— COURT-ORDERED MANAGEMENT OF LIVESTOCK
IN IMMEDIATE NEED OF SUSTENANCE —— BACKGROUND. DALS is
granted the authority to petition a court to conduct a hearing
regarding the condition of livestock. If the court determines
that the livestock are in immediate need of sustenance, it
must issue an order directing DALS to assume supervision of
the livestock (Code section 717.3). The order creates a
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super-priority lien attached to the livestock, proceeds from
the sale of livestock, and any associated unmanufactured
products, for the benefit of DALS. DALS may also petition
a court to order the disposition of the specified livestock.
The proceeds from the sale of the livestock are to be used to
reimburse DALS according to the lien’s super-priority status.
DALS may also utilize moneys deposited in the livestock
remediation fund (remediation fund) (Code section 459.501)
to pay for costs of providing for sustenance to livestock as
provided in the court order (Code section 717.4A).
ANIMAL HEALTH —— COURT-ORDERED MANAGEMENT OF LIVESTOCK
IN IMMEDIATE NEED OF SUSTENANCE —— BILL. The bill rewrites
a provision requiring DALS to repay the remediation fund
any proceeds that DALS receives from the disposition of the
livestock less expenses in providing for the sustenance and
disposition. The bill provides that if the court orders the
disposition of the livestock, the order shall be deemed as
acting in response to a petition by a receiver appointed by a
court in Code chapter 680.
AGRICULTURAL PROCESSING —— SLAUGHTER AND PROCESSING OF MEAT
AND POULTRY PRODUCTS —— LICENSURE —— BILL. The bill provides
that a home food processing establishment licensed by the
department of inspections, appeals, and licensing is exempt
from DALS licensing requirements (Code chapter 137D). A home
food processing establishment refers to a residence in which
homemade food items are produced for sale, if consumption is
off premises and its business has gross annual sales of less
than $50,000 (Code section 137D.1). The bill also provides
that the term of a license issued by DALS to a slaughter and
processing establishment is extended to a two-year period (from
July 1, 2025, to June 30, 2027). The licensee fee is doubled
from $25 to $50 and from $50 to $100 to reflect the license’s
biennial term. DALS is required to prorate the license fee
for a new establishment. The bill makes various changes in
terminology to improve readability.
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