Senate Study Bill 3171 - Introduced SENATE FILE _____ BY (PROPOSED COMMITTEE ON AGRICULTURE BILL BY CHAIRPERSON ZUMBACH) A BILL FOR An Act creating the criminal offense of food operation 1 trespass, and providing penalties. 2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 3 TLSB 6310XC (4) 88 da/ns

S.F. _____ Section 1. NEW SECTION . 716.7A Food operation trespass. 1 1. As used in this section, unless the context otherwise 2 requires: 3 a. “Food animal” means an animal belonging to the bovine, 4 caprine, ovine, or porcine species; farm deer as defined in 5 section 170.1; or turkeys, chickens, or other poultry. 6 b. “Food establishment” , “food processing plant” , and 7 “farmers market” mean the same as defined in section 137F.1. 8 c. “Food operation” means any of the following: 9 (1) A location where a food animal is produced. 10 (2) A location other than as described in subparagraph (1) 11 where a food animal is kept, including a livestock market, 12 vehicle or trailer attached to a vehicle, fair, exhibition, or 13 a business operated by a person licensed to practice veterinary 14 medicine pursuant to chapter 169. 15 (3) A location where a meat food product or poultry product 16 is prepared for human consumption, including a food processing 17 plant, a slaughtering establishment operating under the 18 provisions of 21 U.S.C. §451 et seq. or 21 U.S.C. §601 et seq.; 19 or a slaughtering establishment subject to state inspection as 20 provided in chapter 189A. 21 (4) A food establishment or farmers market that sells or 22 offers for sale a meat product or poultry product. 23 d. “Meat food product” , “poultry product” , and “prepared” 24 mean the same as defined in section 189A.2. 25 2. A person commits food operation trespass by entering 26 or remaining on the property of a food operation without the 27 consent of a person who has real or apparent authority to allow 28 the person to enter or remain on the property. 29 3. Subsection 2 does not apply to any of the following: 30 a. A person passing over a right-of-way, if the person has 31 not been notified or requested by posted signage or other means 32 to abstain from entering onto the right-of-way or to vacate the 33 right-of-way. 34 b. A person having lawful authority to enter onto the 35 -1- LSB 6310XC (4) 88 da/ns 1/ 2

S.F. _____ property of the food operation, including but not limited to a 1 federal, state, or local government official. 2 c. A person who is conferred legal status to enter onto or 3 remain on the property of the food operation. 4 d. A person employed by a food operation while acting in the 5 course of employment. 6 Sec. 2. Section 716.8, Code 2020, is amended by adding the 7 following new subsection: 8 NEW SUBSECTION . 8. A person who commits food operation 9 trespass commits an aggravated misdemeanor. 10 EXPLANATION 11 The inclusion of this explanation does not constitute agreement with 12 the explanation’s substance by the members of the general assembly. 13 This bill creates the criminal offense of food operation 14 trespass. A person commits the offense by entering or 15 remaining on the property of a food operation without the 16 consent of a person who has real or apparent authority over the 17 property. A food operation is a location where a food animal 18 is produced or kept, the location where a meat or poultry 19 product is prepared (e.g., processed and packaged) for human 20 consumption, or a food establishment, such as a restaurant or 21 farmers market that sells or offers for sale a meat product or 22 poultry product. A person who commits food operation trespass 23 commits an aggravated misdemeanor. An aggravated misdemeanor 24 is punishable by confinement for no more than two years and a 25 fine of at least $625 but not more than $6,250. 26 -2- LSB 6310XC (4) 88 da/ns 2/ 2