Providing for programs and regulations administered and enforced by the department of agriculture and land stewardship, providing fees, providing for the allocation of moneys, making penalties applicable, and including effective date provisions

GENERAL. This bill relates to a number of regulations and programs administered and enforced by the department of agriculture and land stewardship (DALS). Specifically, the bill amends provisions regulating commercial establishments including pet shops engaged in the business of purchasing and transferring (by sale or exchange) vertebrate animals (animals) other than agricultural animals (Code chapter 162). The bill regulates grain transactions including by grain dealers (dealers) and warehouse operators (operators) (Code chapters 203 and 203C) and the indemnification of losses by sellers or depositors from the grain depositors and sellers indemnity fund (Code chapter 203D). The bill also regulates the commercial use of weights and measures, including motor fuel pumps (fuel pumps) that are part of motor fuel dispensers (dispensers), and types of motor fuel advertised for sale (Code chapters 214, 214A, and 215), including diesel fuel for use in certain internal combustion engines.171). COMMERCIAL ESTABLISHMENTS —— PET SHOPS.2B). A business is not regulated as a pet shop if, during the prior 12-month period, the business either receives less than $500 or transfers less than six animals.2). COMMERCIAL ESTABLISHMENTS —— PENALTY.13). GRAIN REGULATION —— BACKGROUND. As part of a grain transaction, an operator issues a prenumbered scale weight ticket to a depositor as evidence of stored grain. 7).6). GRAIN REGULATION —— TERMS. Currently, several different terms are used to describe the same item.1). GRAIN REGULATION —— GRAIN MOISTURE CONTENT., reducing the scale weight by a special factor calculated for each percent of moisture content).25). GRAIN REGULATION —— CREDIT-SALE CONTRACT.1).6(4)).15(2)). GRAIN REGULATION —— OPEN STORAGE. An operator may retain delivered grain in open storage (meaning without issuing a warehouse receipt or making a purchase) subject to certain limitations. Grain subject to a scale weight ticket without having the price fixed and documented by the operator is considered to be retained in open storage. Currently, if grain is retained in open storage, the operator must issue the depositor a warehouse receipt within one year of the grain’s delivery date, unless the depositor signs a statement refusing it. The bill eliminates this requirement.17). GRAIN REGULATION —— PENALTIES.36). GRAIN DEPOSITORS AND SELLERS INDEMNITY FUND.6). The fund is supported by fees paid by operators and dealers. A dealer is assessed a participation fee and per-bushel fee based on purchased grain.5). The Iowa grain indemnity fund board (board) acts on behalf of the fund, including by establishing the rate of fees to be assessed and owing each 12-month period beginning July and ending June which are divided into 3-month quarters (subject to a floor of $3 million when fees must be assessed and a ceiling of $8 million when fees can no longer be assessed). The bill changes the 12-month periods to begin September and end August 31, and makes coordinating changes to when the quarterly periods begin and end. WEIGHTS AND MEASURES. A person who uses or displays a commercial weighing or measuring device (device) must be licensed. The term of the license is months. Generally, the term is on a calendar year basis (January to December 31) but for motor fuel pumps the term is on a fiscal year basis (July to June 30). A fee is required for the issuance of the license and an inspection (license inspection fee) first due when the device is placed into service. DALS is expressly required to inspect motor fuel pumps each year.11).12). WEIGHTS AND MEASURES —— MOTOR FUEL STANDARDS AND CLASSIFICATIONS. Motor fuels include fossil (petroleum) based gasoline and diesel fuel as well as certain biofuel components derived from renewable (nonpetroleum) resources such as ethanol classified as E-100 and biodiesel comprised of monoalkyl esters of long-chain fatty acids and classified as B-100., E-15 or B-5) subject to separate departmental standards based on ASTM international (ASTM) specifications. The bill regulates another liquid fuel referred to renewable diesel classified as RD-100 that may be used as a motor fuel or a blending component and classified as RD-xx. RD-100 is produced from nonfossil renewable resources but is not biodiesel due to manufacturing processes.2). WEIGHTS AND MEASURES —— TESTING LABORATORY.2B). WEIGHTS AND MEASURES —— CODE EDITOR DIRECTIVE.16 from subchapter I to subchapter II of Code chapter 214A. The Code section regulates a notice required to be posted for consumers purchasing renewable fuels. In 2022, the general assembly enacted 2022 Iowa Acts, chapter 1152, which reorganized Code chapter 214A. Subchapter I regulates general matters such as standards and classifications and subchapter II regulates the advertisement, sale, and use of motor fuel. WEIGHTS AND MEASURES —— PENALTY. A person who fails to allow for an inspection of a motor fuel pump is guilty of a simple misdemeanor. WATER QUALITY.44).134A). Moneys in the last fund (15 percent) are appropriated to support the water quality urban infrastructure program. The bill provides that if moneys remain after adequately supporting all water quality urban infrastructure program projects for the fiscal year, DALS may use those moneys to instead support water quality agriculture infrastructure programs. The bill also eliminates dates in several Code sections that are now extraneous. APPLICABLE PENALTIES. A simple misdemeanor is punishable by confinement for no more than days and a fine of at least $105 but not more than $855.