Relating to agriculture and food, including the powers and duties of the department of agriculture and land stewardship, providing penalties, making penalties applicable, and including effective date provisions

GENERAL. This bill amends, enacts, or repeals a number of provisions relating to agriculture, including programs or regulations administered by the department of agriculture and land stewardship (DALS) as codified in Title V of the Code, including in subtitle 1, which includes a number of general provisions, subtitle 2, which includes provisions regulating animal industry, and subtitle 4, which provides for agricultural commodities and products in addition to related activities. DALS —— ADMINISTRATION. 5). DALS —— COMMERCIAL ESTABLISHMENTS.2A). DALS —— CONTROL OF CONTAGIOUS AND INFECTIOUS DISEASES. The bill provides that DALS may seize one or more abandoned animals pursuant to an authorization providing emergency measures to prevent or control the transmission of an infectious or contagious disease (disease) among livestock or other agricultural animals (animals) that have been abandoned. The authorization may be made pursuant to a declaration or proclamation issued by the governor, an order issued by the secretary of agriculture, or another provision of law. As part of a seizure, DALS may seize and maintain the animal upon providing notice of the abandonment to identifiable interested persons (an owner or secured creditor). The disposition of the seized animal must be made by a court, unless DALS determines that exigent circumstances exist. In that case, the dispositional proceeding may be conducted by an administrative law judge. The court or administrative law judge may award DALS expenses and costs.501) to pay for expenses related to the seizure. Moneys in the fund may also be used to pay for court costs, reasonable attorney fees, and expenses related to the investigation and prosecution of the case arising from the seizure.3E).61). DALS —— REGULATION OF FERAL SWINE. The bill authorizes DALS to destroy or order the destruction of feral swine after conducting a reasonable inquiry into the feral swine’s ownership. A person may destroy feral swine on the person’s property or damaging the person’s personal property, and must immediately notify DALS and allow DALS to conduct a test for disease. STATE PSEUDORABIES ADVISORY COMMITTEE. The bill eliminates the state pseudorabies advisory committee.3). FOOD OPERATION TRESPASS. The bill creates the criminal offense of food operation trespass. A person commits the offense by entering or remaining on the property of a food operation without the consent of a person who has real or apparent authority over the property., processed and packaged) for human consumption, or a food establishment or a farmers market that sells or offers for sale a meat or poultry product, milk or milk product, eggs or egg product, aquatic product, or honey. A food animal includes an animal belonging to the bovine, caprine, ovine, or porcine species; farm deer; turkeys, chickens, or other poultry; fish or other aquatic animals; or honey bees. A person who commits food operation trespass commits an aggravated misdemeanor for the first offense and a class “D” felony for a second or subsequent offense. DALS —— FERTILIZERS AND SOIL CONDITIONERS.14). Current law allows DALS to adopt such rules regulating anhydrous ammonia equipment. The bill also eliminates a requirement that such rules be in conformity with the published standards of the agricultural ammonia institute.18). DALS —— WEIGHTS AND MEASURES (GENERAL). The bill amends a number of provisions regulating weights and measures, including the inspection of associated devices.3).4).6). DALS —— WEIGHTS AND MEASURES (MOTOR FUEL).2A).15). DALS —— WEIGHTS AND MEASURES (INSPECTIONS).4).7).23). The bill provides for a two-year rather than annual servicer license and allows DALS to establish the license fee. The annual license fee is currently $5.3).8).7). CRIMINAL PENALTIES. A simple misdemeanor is punishable by confinement for no more than days or a fine of at least $65 but not more than $625 or by both. An aggravated misdemeanor is punishable by confinement for no more than two years and a fine of at least $625 but not more than $6,250. A class “D” felony is punishable by confinement for no more than five years and a fine of at least $750 but not more than $7,500.