HF 147 (LSB 2151YH (2) 86)

HOUSE FILE 147

BY  MASCHER

A BILL FOR

An Act requiring consumer labeling information for food, and including penalties.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  NEW SECTION.  189B.1  Short title.

   This chapter shall be known and may be cited as the “Consumer Labeling Information for Food Act”.
    Sec. 2.  NEW SECTION.  189B.2  Purpose.

   The purpose of this chapter is to allow Iowans greater access to information about the food they and their families consume, recognizing that such information is indispensable to the exercise of informed consumer choice in a free and open marketplace.
    Sec. 3.  NEW SECTION.  189B.3  Definitions.

   As used in this chapter, unless the context otherwise requires:

   1.  “Department” means the department of agriculture and land stewardship.
   2.  “Food item” means any raw, cooked, or processed edible substance used or intended for use or sale in whole or in part for human consumption.
   3.  “Genetic engineering” means the process of altering an organism’s genetic material by the application of in vitro nucleic acid techniques or the fusion of cells in a manner that does not occur by natural multiplication or natural recombination.
    Sec. 4.  NEW SECTION.  189B.4  Labeling standards.
   1.  a.  A person manufacturing a packaged food item shall disclose whether the food item was or may have been subjected to genetic engineering when produced.
   b.  A person selling an unpackaged food item on a retail basis shall disclose whether the food item was or may have been subjected to genetic engineering when produced.
   2.  The disclosure required in subsection 1 shall be printed on a label. To every extent possible, the label shall be placed in a clear and conspicuous manner on or in proximity to the food item.
   a.  The label for a packaged food item shall resemble a label listing food ingredients required for that food item or comparable food item pursuant to 21 C.F.R. pt. 101.
   b.  The label for an unpackaged food item shall be consistent with the labeling for bulk containers as provided in 21 C.F.R. §101.100 et seq.
    Sec. 5.  NEW SECTION.  189B.5  Exception for small businesses.

   This chapter does not apply to a person who is a small business as defined in section 15.102.
    Sec. 6.  NEW SECTION.  189B.6  Rules.

   The department shall adopt rules as necessary to implement and enforce this chapter. The department may adopt rules establishing labeling standards for specific food items, or a category of food items, that differ from the labeling standards provided in section 189B.4 as long as such standards provide reasonable notice to the consumer of the information required to be disclosed pursuant to that section.
    Sec. 7.  NEW SECTION.  189B.7  Penalties.
   1.  A person manufacturing a packaged food item who fails to comply with the labeling standards in section 189B.4 is subject to a civil penalty of not more than one hundred dollars for each packaged food item that is unlabeled and ultimately sold or offered for sale on a retail basis in this state. However, the person shall not be subject to a civil penalty of more than ten thousand dollars for the sale or offer for sale of a single manufactured lot of packaged food items, if the person did not know that the packaged food items were subjected to genetic engineering or the failure to comply with the labeling standards was due to a malfunction of the manufacturing process or inadvertence.
   2.  A person selling or offering to sell an unpackaged food item on a retail basis and who fails to comply with the labeling standards in section 189B.4 is subject to a civil penalty of not more than one hundred dollars for each unpackaged food item that is unlabeled and sold or offered for sale on a retail basis in this state. However, the person shall not be subject to a civil penalty of more than one thousand dollars for the sale or offer for sale of a single container of unpackaged food items, if the person did not know that the unpackaged food items were subjected to genetic engineering or the failure to comply with the labeling standards was due to inadvertence.
EXPLANATION
The inclusion of this explanation does not constitute agreement with

the explanation’s substance by the members of the general assembly.
   This bill requires food items to be labeled with information that identifies the food items as genetically modified. The department of agriculture and land stewardship is responsible for administering and enforcing the bill’s provisions. A person manufacturing a packaged food item must disclose whether it was or may have been subjected to genetic engineering when produced, and a person selling an unpackaged food item on a retail basis must disclose whether it was or may have been subjected to genetic engineering when produced. The disclosure must appear on a printed label and either affixed to a packaged food item or placed near a container holding unpackaged food items. The label must be based on federal ingredient labeling standards unless the department establishes alternative standards. The bill creates an exception for a small business which has either fewer than 20 employees or an annual gross income of less than $4 million. A person manufacturing a packaged food item who fails to comply with the labeling standards, or a person selling or offering to sell an unpackaged food item on a retail basis and who fails to comply with the labeling standards, is subject to civil penalties. The civil penalty equals $100 per food item that is not labeled in compliance with the bill’s provisions. However, under certain circumstances a manufacturer’s civil penalty is capped at $10,000 for the sale or offer for sale of a single manufactured lot of packaged food items and a retail dealer’s civil penalty is capped at $1,000 for the sale or offer for sale of a single container of unpackaged food items.