Bill > SF522

Introduced Session

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 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 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 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 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 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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Committee report approving bill, renumbered as SF 632. S.J. 843. (on 04/21/2025)

Official Document