HF 58 (LSB 1447YH (3) 88)

HOUSE FILE 58

BY  HUNTER, STAED, MASCHER, KURTZ, and LENSING

A BILL FOR

An Act providing for a country of origin label and allowing for injunctive relief.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  NEW SECTION.  191.11  Country of origin labeling program.
   The department shall adopt rules to establish a notice of country of origin labeling program for beef and pork meat products, that includes muscle cuts of beef, muscle cuts of pork, ground beef, and ground pork sold in this state on a retail basis. The rules shall be based on regulations requiring country of origin labeling for those products as published in the Federal Register, Vol. 74, No. 10, January 15, 2009. The department shall not adopt such rules until it obtains any necessary waiver from the United States department of agriculture or until necessary legislation authorizing the program is enacted by the United States Congress. If the department determines that it requires state legislation prior to adopting any rules under this section, the department shall prepare and submit such legislation for the eighty-eighth general assembly prior to its second session convening. The department shall submit a report to the general assembly not later than January 3, 2020, detailing its progress in implementing this Act.
EXPLANATION
The inclusion of this explanation does not constitute agreement with
the explanation’s substance by the members of the general assembly.
   BILL’S PROVISIONS. This bill amends Code chapter 191 that sets forth labeling requirements for food products as regulated by the department of agriculture and land stewardship (DALS). The bill requires DALS to adopt rules to establish a notice of country of origin labeling program for beef and pork meat products sold in this state on a retail basis. The rules must be based on United States department of agriculture regulations published in the Federal Register in 2009. Congress enacted legislation that removed mandatory labeling requirements contained in those rules pursuant to the “Consolidated Appropriations Act, 2016” (Pub. L. No. 114-113). The bill provides that DALS is not to adopt such rules unless it first obtains any necessary waiver by the United States department of agriculture or until legislation is enacted by the United States Congress granting any necessary authorization. If DALS determines it requires state legislation to further implement the program, it is required to prepare such legislation for consideration by the 88th General Assembly during its second session. DALS must submit a report to the general assembly not later than January 3, 2020, detailing its progress in implementing the bill’s provisions. 
   INJUNCTIVE RELIEF. DALS is authorized to restrain a person violating a provision in the Code chapter, including a rule adopted by the agency by petition in the district court where the violation occurs for injunctive relief.