Providing for programs and regulations related to agriculture, including crop production, animal health, agricultural processing, and agricultural marketing, providing for powers and duties of the department of agriculture and land stewardship, providing fees, and providing penalties

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.4).5).6).8).10).11).12).14).17).22).12).17) each include such a reference.1).1) covers the use of a soil conditioner.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.10). _____ APPLICATION OF PESTICIDES —— CERTIFICATION —— BACKGROUND.2).5).). 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.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).2). ANIMAL HEALTH —— CONTROL OF INFECTIOUS OR CONTAGIOUS DISEASES AFFLICTING ANIMALS —— BILL. _____ 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.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 days after its filing with the administrative rules coordinator and publication in the Iowa administrative bulletin.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.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.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.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).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. AGRICULTURAL MARKETING —— MARKETING OF GRAIN AND INDEMNIFICATION OF LOSSES —— BACKGROUND. DALS licenses and regulates grain dealers (dealers) and warehouse operators (operators) (Code chapters 203 and 203C). Both dealers and operators may be required to pay fees into the grain depositors and sellers indemnity fund (indemnity fund) for purposes of indemnifying losses incurred by sellers and depositors as part of a transaction (Code chapter 203D). A participation fee is assessed against a dealer based on purchased grain during the dealer’s last fiscal year and against an operator based on warehouse storage capacity. In addition, a dealer may be assessed a per-bushel fee on a quarterly basis. The assessment year in which a participation fee and per-bushel fee is assessed is from September to August 31. The assessment year is divided into four three-month quarters. The last date of the quarter is referred to as an installment date which is when a quarterly participation payment is due. The fees are deposited in the indemnity fund. _____ fees are automatically waived.5).6). The indemnity fund is administered by the Iowa grain indemnity fund board (indemnity board) in cooperation with DALS., by revocation) or the date that an operator or dealer files a petition in bankruptcy. The claim must derive from a covered transaction, meaning that the claimant who is a depositor must have delivered the grain to an operator or a claimant who is a seller must have transferred title to the grain to a dealer other than by credit-sale contract within six months of the incurrence date. A credit-sale contract is a contract for the sale of grain if the sale price for that grain is to be paid more than days after the delivery of the grain to the buyer (also referred to as a deferred-payment contract, deferred-pricing contract, and price-later contract). A depositor or seller who timely files an eligible claim is entitled to be paid from the indemnity fund for percent of a loss up to $300,000. If the indemnity board determines that there are insufficient moneys in the indemnity fund to make payment on all claims, the indemnity board may order that payment on specified claims be deferred. Other procedures that apply include a right to appeal the indemnity board’s decision, subrogation rights, and a five-year expiration period for unresolved claims. _____ INDEMNIFICATION OF LOSSES —— FEES —— BILL. The bill provides that a dealer or operator may remit the participation fee in one installment as part of the license renewal or on four successive installment dates on December 15, March 15, June 15, and September 15. The bill provides that the dealer may pay the per-bushel fee on the same installment dates. AGRICULTURAL MARKETING —— MARKETING OF GRAIN AND INDEMNIFICATION OF LOSSES —— REPAYMENT CLAIMS —— BILL. The bill allows a seller to file a special repayment claim against the fund as a result of the grain dealer’s bankruptcy. The special repayment process allows such a seller to recover the amount of the grain dealer payment that the seller was forced to repay to the grain dealer’s bankruptcy estate. To be timely, a seller must file a repayment claim with DALS not later than days after the repayment loss is finalized by a bankruptcy court. DALS may provide notice of the repayment claim process to a seller who may file a repayment claim. If DALS chooses to provide a notice to the seller, DALS has discretion to determine a reasonable method and manner of providing such notice. The indemnity board must determine that a repayment claim is eligible for payment from the indemnity fund, including whether the repayment claim derives from a covered transaction. DALS is required to deliver notice to a seller filing a repayment claim regarding the indemnity board’s determination in the same manner as for an ordinary loss. Like an ordinary loss, the seller is entitled to receive percent of a loss but not more than $300,000, a deferral of payments based on insufficient moneys in the indemnity fund, subrogation, and a five-year expiration period.