Bills › 89th General Assembly

HF 2581Signed by Governor · June 21, 2022

Providing for programs and regulations administered and enforced by the department of agriculture and land stewardship, providing fees, providing penalties, and making penalties applicable

Sponsored by the House Ways and Means (successor To Hf 2439) (successor To Hsb 673) Committee

Topics:AgricultureTaxesPFAS & chemicals

Same legislation: SF 2230, HF 2439, HF 2572

Where it is now

  1. Done: IntroducedFebruary 9, 2022
  2. Done: SubcommitteeFebruary 22, 2022
  3. Done: House committeeMarch 22, 2022
  4. Done: Passes the HouseApril 5, 202297–0
  5. Done: Senate committeeApril 25, 2022
  6. Done: Passes the SenateApril 26, 202245–0
  7. Done: To the GovernorJune 1, 2022
  8. Done: Signed into lawJune 21, 2022

Signed into law What’s a funnel?

What’s in it

GENERAL. This bill provides for programs and regulations administered and enforced by the department of agriculture and land stewardship (DALS). CHOOSE IOWA PROMOTIONAL PROGRAM.20).29). DALS is provided discretion to further define what constitutes an Iowa farm and describe how an agricultural commodity originates on an Iowa farm. CHOOSE IOWA LOGO. As part of the program, DALS may establish a choose Iowa logo (logo) to identify a food item originating as an agricultural commodity produced on an Iowa farm.

Read the full explanation

DALS may register the logo as a mark with the secretary of state. DALS may also register the logo as a trademark with the United States patent and trademark office or as a copyright with the United States copyright office.30). CHOOSE IOWA PROMOTIONAL PROGRAM —— LICENSING AGREEMENTS AND FEES. DALS may enter into a licensing agreement (agreement) with a person who applies to use the logo. An agreement cannot be for more than five years. DALS must evaluate and approve or disapprove applications based on criteria established by rule. DALS may also establish application and license fees by rule. CHOOSE IOWA FUND. A choose Iowa fund (fund) is established in the state treasury under DALS’ management and control. The fund includes moneys that DALS collects in fees or otherwise receives, including by appropriation or gift. DALS must use the moneys exclusively to carry out the provisions of the bill. PESTICIDE REGULATION.1) which in part regulates commercial and private applicators. Before selling or offering for sale any pesticide for use in this state, a person must register each brand and grade of that pesticide with DALS.12(3)). The bill replaces that method of calculating the registration fee with a flat fee of $300.6).5).19). The Act provided that the amount for each violation committed by a commercial applicator or private applicator cannot exceed $500 for each violation. The bill amends the provision by changing the term from “violation” back to “offense”. MOTOR FUEL REGULATION —— BACKGROUND. DALS regulates persons advertising for sale or selling motor fuel on a wholesale or retail basis (Code chapter 214A) as well as motor fuel infrastructure used to store and dispense motor fuel at a retail motor fuel site owned or operated by a retail dealer and, in particular, metered motor fuel pumps located at a retail motor fuel site (Code chapter 214).2A) as well as their respective components. A biofuel is a component used to formulate a motor fuel and is closely associated with formulations of both gasoline and diesel fuel. A renewable fuel is a term which refers to either a biofuel or a motor fuel blended with a biofuel., derived from soybeans) used to produce biodiesel blended fuel. DALS establishes standards for these motor fuels and their components based on two outside sources of authority: (1) specifications recommended by ASTM international, a private globally recognized organization, and (2) requirements adopted by the United States environmental protection agency (EPA).1501(a)). DALS’ regulation of a renewable fuel depends upon its classification expressed as an abbreviation identifying the renewable fuel according to type followed by a number representing the biofuel percentage by volume usually measured by gallon.11Y). One special exception is E-85 gasoline which is based on a percentage range of between and percent by volume of ethanol. MOTOR FUEL REGULATION —— REVISION OF TERMS.1).2).31).16). MOTOR FUEL REGULATION —— DEPARTMENTAL STANDARDS.2(2)). For all three types of motor fuel, departmental standards may be based in part or in whole on ASTM international specifications, and may include successor specifications.2(3)).2(4)). MOTOR FUEL REGULATION —— CLASSIFICATIONS. The bill adds subclassifications for biofuels including for ethanol classified as E-100, biobutanol classified as Bu-100, and biodiesel classified as B-100. The bill also recognizes E-85 according to its revised percentage range, which is to percent. MOTOR FUEL REGULATION —— ADVERTISING.3). The bill replaces a provision that prohibits a person from falsely advertising that a motor fuel is or is not a renewable fuel with a provision that prohibits a person from falsely advertising the classification of a renewable fuel., E-10), that identifies ethanol blended gasoline classified from E-11 to E-15, or that identifies dispensed diesel fuel as biodiesel blended fuel., E-85) or any classification of biobutanol blended gasoline. The bill does not affect federal labeling requirements. MOTOR FUEL REGULATION —— APPLICABLE PENALTIES. A person who violates a provision of Code chapter 214A is guilty of a serious misdemeanor. A serious misdemeanor is punishable by confinement for no more than one year and a fine of at least $430 but not more than $2,560. However, the state may initiative a substitute civil enforcement action as an administrative action by DALS or as a judicial proceeding by the attorney general upon referral by DALS.11). IOWA SHEEP AND WOOL PROMOTION BOARD.10).8). The bill eliminates requirements relating to members residing in districts and allows the board to nominate candidates and establish term limits. LOCAL FOOD AND FARM PROGRAM.1).3). The bill replaces the council’s membership.3). Under the bill, the secretary or secretary’s designee remains on the council but other members are replaced by persons appointed by the secretary. The membership must include four farmers engaged in producing agricultural commodities (livestock, poultry, dairy, vegetables, and fruits). The farmers must be engaged in the on-farm processing of the commodities into food products for retail sale. The membership must also include two managers of processing firms engaged in processing agricultural commodities into food products for sale to distributors on a wholesale basis, a manager of a distributor involved in the sale of food products to food establishments on a wholesale basis, three managers of food establishments distributing food products to consumers, two heads of local or regional community organizations interested in providing food services to individuals, an attorney practicing agricultural or food law, and an employee of a government entity interested in nutrition programs. Finally, the bill expands the program by allowing the coordinator in consultation with the council to fund projects that demonstrate the value of processing, distributing, and marketing local foods.

From the explanation printed with the bill as introduced, written by the Legislative Services Agency. Amendments adopted later aren’t reflected. Full bill text · What changed before it passed

Senate subcommittee

Named April 7, 2022. On April 13, 2022 it recommended passage.

Three legislators hear a bill first and recommend what the committee should do; it’s the best time to weigh in. How to take part

Fiscal note

Cost: up to $500,000 Compare with other bills

The fiscal impact of Division I cannot be determined because future program participation and fee levels are unknown. House File 2560 (Agriculture and Natural Resources Appropriations Bill) makes a General Fund appropriation of $500,000 to the Choose Iowa Fund created in this Division.

Nonpartisan cost estimates from the Legislative Services Agency’s Fiscal Services Division. The newest is first. Reading a fiscal note

Iowa Code it changes

Creates§159.26§159.28§159.29§159.30§159.31§159.31A§214A.1A

Amends§159.20§182.10§182.5§182.7§182.8§182.9§206.12§206.19§214A.1§214A.16§214A.2§214A.2A§214A.2B§214A.3§214A.5§267A.2§267A.3§267A.6§452A.12§455G.31

Read from the bill as introduced. Each links to every bill touching that chapter of the Iowa Code. How the Code works

Lobbying

7 for · 4 against · 14 undecided · Who →

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