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Amendments › SF 2410

Amendment S-5169 to SF 2410

Relating to agriculture, by providing for the administration of programs and regulations, making appropriations, and including effective date provisions

Adopted · April 17, 2024Strike everything: replaces the whole bill

Filed April 16, 2024 in the Senate by Sen. Tom Shipley (R)

Amends this SF 2410 to CONFORM to HF 2641

What it changes

  1. By striking everything after the enacting clause and inserting: “DIVISION I IOWA-FOALED HORSES Section
  2. Section 99D.22, subsection 2, paragraph b, subparagraph (3), Code 2024, is amended to read as follows: (3) (a) Continuous For a thoroughbred foal, continuous residency from December 31 15 until the foal is inspected if the mare was bred by other than an Iowa registered stallion and is not bred back to an Iowa registered stallion. (b) For a standardbred foal or quarter horse foal, continuous residency from January 31 until the foal is inspected if the mare was bred by other than an Iowa registered stallion and is not bred back to an Iowa registered stallion. DIVISION II AGRICULTURAL MARKETING Sec.
  3. Section 159.20, subsection 2, Code 2024, is amended to read as follows:
  4. The department shall establish and administer a choose Iowa promotional program as provided in part 2 of this subchapter , in order to provide consumers a choice in programs that advance the purchasing food items of agricultural commodities produced on Iowa farms and Iowa products that originate as an agricultural commodity commodities produced on Iowa farms under this title, including chapter 187 . Sec.
  5. Section 159.20, subsection 3, unnumbered paragraph 1, Code 2024, is amended to read as follows: As used in this subchapter section : Sec.
  6. Section 159.28, Code 2024, is amended to read as follows: 159.28 Choose Iowa promotional program.
  7. The department shall establish and administer a choose Iowa promotional program to advertise for retail sale on a retail basis a food item that originates as an agricultural commodity produced on an Iowa farm, and an Iowa product that may include any of the following: a. An agricultural commodity produced on an Iowa farm , except that it may be prepared for sale by washing or packaging in this state. b. A product, if it is An agricultural commodity processed in this state and any of its ingredients , if its components originate as an agricultural commodity produced on an Iowa farm.
  8. a. The department may adopt rules further defining an Iowa farm , Iowa agricultural commodity, and Iowa product; and describing how an Iowa agricultural commodity originates on an Iowa farm. b. The department may adopt rules providing for the acceptable use of ingredients originating a component that originates from an agricultural commodities commodity not produced on an Iowa farms farm . In adopting the rules, the department may consider whether the ingredient component is an incidental additive or other component that the department determines is or insignificant part of an Iowa product . Sec.
  9. Section 159.29, subsections 1 and 5, Code 2024, are amended to read as follows:
  10. As part of the choose Iowa promotional program, the department may establish a choose Iowa logo to identify a food item originating as an agricultural commodity produced on an Iowa farm an Iowa product .
  11. The use of a choose Iowa logo does not do any of the following: a. Provide an express or implied guarantee or warranty concerning the safety, fitness, merchantability, or use of a food item product . b. Supersede, revise, or replace a state or federal labeling requirement, including but not limited to a provision in the federal Fair Packaging and Labeling Act, 15 U.S.C. §1451 et seq. c. Indicate the grade, specification, standard, or value of any food item agricultural commodity, component, or product . Sec.
  12. Section 159.31, subsections 1, 2, and 3, Code 2024, are amended to read as follows:
  13. A choose Iowa fund is established created in the state treasury under the management and control of the department.
  14. The fund shall include moneys collected as fees by the department as provided in section 159.30 187.303 , moneys appropriated by the general assembly, and other moneys available to and obtained or accepted by the department, including moneys from public or private sources.
  15. Moneys in the fund are appropriated to the department and shall be used exclusively to carry out the provisions of this part administer the programs created in this subchapter as determined and directed by the department, and shall not require further special authorization by the general assembly. Sec.
  16. Section 159.31A, Code 2024, is amended to read as follows: 159.31A Dairy innovation fund and revitalization program.
  17. As used in this section unless the context otherwise requires: a. “Financial assistance” means assistance provided only from the moneys and assets legally available to the department pursuant to this section and includes assistance in the form of grants, low-interest loans, and forgivable loans. b. “Fund” means the dairy innovation fund. c. “Located in” means the place or places at which a business’s operations are located and where at least ninety-eight percent of the business’s employees work, or where employees that are paid at least ninety-eight percent of the business’s payroll work. d. “Program” means the dairy innovation program.
  18. a. The fund is created in the state treasury under the control of the department and consists of any moneys appropriated to the fund by the general assembly and any other moneys available to or obtained or accepted by the department for placement in the fund. Moneys in the fund are appropriated to the department to award financial assistance as provided under the program. The department shall use any moneys specifically appropriated for purposes of this section only for the purposes of the program. b. Notwithstanding section 8.33 , moneys in the fund that remain unencumbered or unobligated at the close of the fiscal year shall not revert but shall remain available for expenditure for the purposes designated until the close of the succeeding fiscal year.
  19. A dairy innovation and revitalization program is created within the department. The purpose of the program is to promote the development, modernization, and expansion of this state’s dairy industry.
  21. The In administering the program, the department shall establish and administer the program for the purpose of awarding award financial assistance to eligible businesses engaged in to support projects that do one or more of the following: a. Expand or refurbish existing milk plants or establish a new milk plant, operating pursuant to a permit issued pursuant to section 192.111 or 194.3A . b. Expand or refurbish existing mobile dairy processing units, or establish new mobile dairy processing units. c. Rent buildings, refrigeration facilities, or freezer facilities, or equipment necessary to expand dairy processing capacity, including mobile dairy or refrigeration units used exclusively for dairy processing. d. Incorporate methods and technologies that reduce farm labor associated with milk production and storage, including but not limited to the use of robotics and processes or systems that operate using computerized equipment or machinery.
  23. The department shall establish eligibility criteria for the program by rule . The eligibility criteria must include all of the following: a. The business must be located in this state. b. The business must not have been subject to any regulatory enforcement action related to federal, state, or local environmental, worker safety, food processing, or food safety laws, rules, or regulations within the last five years. c. The business must only employ individuals legally authorized to work in this state. d. The business must not currently be in bankruptcy. e. The business must employ less than fifty individuals.
  25. A An eligible business seeking financial assistance under this section shall make application to the department in the manner and on forms prescribed by the department by rule .
  27. Applications for financial assistance under this section shall be accepted during one or more annual application periods to be determined established by the department by rule . Upon reviewing and scoring all applications that are received during an application period, and subject to funding the availability of moneys , the department may award financial assistance to eligible businesses. A financial assistance award shall not exceed the amount of eligible project costs included in the eligible business’s application. Priority shall be given to eligible businesses whose proposed project or projects under subsection 3 will 2 are most likely to do any one or more of the following: a. Create new jobs. b. Create or expand opportunities for local small-scale milk producers to market pasteurized milk and milk products under private labels. c. Provide greater flexibility or convenience for local small-scale farmers to have milk processed. d. Reduce labor associated with the on-farm production and storage of milk.
  29. A An eligible business that is awarded financial assistance under this section may apply for financial assistance under other programs administered by the authority department .
  30. The department shall adopt rules pursuant to chapter 17A to administer this section . Sec.
  31. NEW SECTION . 187.101 Short title. This chapter shall be known and may be cited as the “Choose Iowa Act” . Sec.
  32. NEW SECTION . 187.102 Definitions. As used in this chapter, unless the context otherwise requires:
  33. “Agricultural commodity” means an animal or plant, or raw material originating from an animal or plant.
  34. “Component” means an agricultural commodity that is combined to form a product during processing.
  35. “Department” means the department of agriculture and land stewardship.
  36. “Farm” means land and associated structures used to produce an agricultural commodity.
  37. a. “Financial assistance” means support provided by the department to an eligible business under this chapter from moneys or other assets legally available to the department. b. “Financial assistance” includes any form of grant, low-interest loan, or forgivable loan.
  38. “Food item” means an agricultural commodity, or an item processed from an agricultural commodity, that is fit for human consumption.
  39. “Fund” means the choose Iowa fund created in section 187.201.
  40. “Horticulture item” means any of the following: a. A nursery, floral, or greenhouse plant. b. A product processed from a nursery, floral, or greenhouse plant, including a seed, rooting, cutting, tissue culture, seedling, or other propagation material.
  41. “Located in” means the place or places at which a business’s operations are located and where at least ninety-eight percent of the business’s employees work, or where employees that are paid at least ninety-eight percent of the business’s payroll work.
  42. “Natural fiber item” means fiber originating from an agricultural commodity for use in processing, including manufacturing into a textile, apparel, or other similar product.
  43. “Process” means to prepare a product that includes an agricultural commodity alone or as a component.
  44. a. “Product” means an agricultural commodity that in its raw or processed state is moveable at the time of its retail sale. b. “Product” includes but is not limited to a food item, horticulture item, or natural fiber item. Sec.
  45. NEW SECTION . 187.103 Administration. The department shall adopt all rules under chapter 17A as it determines necessary or desirable to administer this chapter. Sec.
  46. NEW SECTION . 187.321 Value-added agricultural grant program. A value-added agricultural grant program is created within the department. The purpose of the program is to identify, evaluate, and support projects and services that add value to agricultural commodities produced on Iowa farms, including by supporting new technologies and marketing strategies. Sec.
  47. REPEAL. Sections 159.26 and 159.27, Code 2024, are repealed. Sec.
  48. TRANSFER OF MONEYS.
  49. Not later than June 30, 2024, the balance of the dairy innovation fund created in section 159.31A shall be transferred to the choose Iowa fund created in section 159.31.
  50. Not later than June 30, 2024, any moneys appropriated to the department of agriculture and land stewardship that the department has not expended as required to support a value added agriculture grant program shall be transferred to the choose Iowa fund, including moneys appropriated in 2022 Iowa Acts, chapter 1147, section 12, and 2023 Iowa Acts, chapter 109, section 4, subsection
  51. Sec.
  52. CODE EDITOR DIRECTIVE.
  53. The Code editor is directed to make the following transfers: a. Section 159.28 to 187.301. b. Section 159.29 to 187.302. c. Section 159.30 to 187.303. d. Section 159.31 to 187.201. e. Section 159.31A to 187.311.
  54. 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.
  55. DIRECTIONS TO CODE EDITOR —— SUBCHAPTERS AND PARTS. The Code editor is directed to divide the provisions of chapter 187, as amended, enacted, or transferred in this division of this Act, into subchapters and parts as follows:
  56. Subchapter I, including sections 187.101 through 187.103.
  57. Subchapter II, including section 187.201.
  58. Subchapter III, as follows: a. Part 1, including sections 187.301 through 187.303. b. Part 2, including section 187.311. c. Part 3, including section 187.321. Sec.
  59. EFFECTIVE DATE.
  60. Except as provided in subsection 2, this division of this Act takes effect July 1,

Shortened here; the full amendment is in the official document.

Official amendment (PDF) · In the Bill Book