By DOUG SCHMITZ Iowa Correspondent MILO, Iowa — A bill designed to protect Iowa farm families and the security of the state’s food supply against individuals who purposely use fraudulent tactics with the intent to harm agriculture passed the Iowa Senate Feb. 28. It was signed by Gov. Terry Brandstand on Friday.
“It’s about misrepresentation of character,” said Craig Hill, president of the Iowa Farm Bureau Federation and Milo livestock producer. “In a post-9/11 world, transparency is important for farmers and consumers alike.
“Responsible farmers take good care of their land and livestock, and want to employ honest, hardworking people that have the welfare of their livestock as their top priority.”
In a 40-10 vote, Iowa state senators passed the Agricultural Production Facility Fraud bill or House File 589, the bipartisan Senate version of the bill that would make it a crime for individuals to “fraudulently gain access to a farm with the intent to cause harm.” The bill becomes the first of its kind in the United States to charge or convict individuals who are found guilty of committing agricultural-related crimes.
Iowa Rep. Annette Sweeney (R-Alden), who chairs the Iowa House Agriculture Committee, said 10 others states are now looking into creating a similar law. She added the law isn’t meant to shield individuals working in farm operations who commit crimes, as animal activist groups have alleged.
Introduced by Iowa senators Tim Kapucian (R-Keystone) and Joe Seng (D-Davenport), the new measure creates penalties for those “who make false statements to gain access to a farm, or misrepresent themselves on an employment application to hide their intended misconduct or purpose.”
“Responsible Iowa livestock farmers don’t tolerate bad actors who turn a blind eye on generations of established veterinary animal care standards,” Hill said. “In fact, we think they should be removed immediately from animal care, if they really have the animal’s best interests in mind.”
Under HF 589, which passed in a 68-26 vote by the Iowa House in March 2011, the person committing an offense will be charged with a serious misdemeanor on the first conviction and an aggravated misdemeanor on the second conviction.
The first-offense conviction carries a penalty of up to one year in prison and a fine ranging from $315-$1,875. Second and subsequent offenses are punishable by imprisonment of up to two years and a fine between $625-$6,250, the bill stated.
In addition, the new law will penalize organizations or people “who aid or abet someone who misrepresented facts to gain access to a crop or livestock farm.”
“In order to raise and grow the healthiest animals and crops possible for the safest food possible, we need to be assured that hired workers and others entering our farms act ethically and responsibly,” Hill said. “With that transparency comes trust that everyone working with our livestock also believes in the compassionate care of our animals.”
A statement by Iowa Citizens for Community Improvement (ICCI), however, claims HF 589 is “an attempt by the factory farm industry to criminalize basic watchdog functions that everyday folks have to hold factory farms accountable for violations they commit and expose animal abuse.
“Iowans need to be able to record violations that occur, such as dead hogs being piled and left for days or manure spills and other manure violations,” the statement read, on the group’s website. “Documentation has been critical in getting the Iowa DNR (Department of Natural Resources) and other agencies to take enforcement action.”
Referring to HR 589 as an “ag-gag” law, the ICCI has claimed the bill will silence watchdog groups or whistleblowers from reporting cases of animal cruelty to protect “the corporate factory farm lobbyist.” But Iowa Agriculture Secretary Bill Northey said these groups have misinterpreted the bill, which was created to protect farmers’ livestock and cropland, as well as the neighboring communities.
“I appreciate the strong bipartisan support this legislation received, and it shows there is interest in protecting farmers from activists who are not trying to protect animals, but rather push their agenda,” he said.
“No farmer wants abuse on their farm, and this legislation does not limit the ability of any employee to report mistreatment to the proper authorities. Rather, it is designed to address activists who have lied on applications and have failed to report abuse to law enforcement.”
“This is a very, very positive step for agriculture,” Sweeney said. “For right now, I think it’s a start to realize that we are serious about protecting the agriculture that we have in our state.
“This is extremely important to the producers. I’m hoping that it sends a signal that if you do commit fraud, it’s illegal, and they need to be mindful of that.”
|