SSB 3171 (LSB 6310XC (4) 88)

SENATE FILE _____ 

BY  (PROPOSED COMMITTEE ON AGRICULTURE BILL BY CHAIRPERSON ZUMBACH)

A BILL FOR

An Act creating the criminal offense of food operation trespass, and providing penalties.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  NEW SECTION.  716.7A  Food operation trespass.
   1.  As used in this section, unless the context otherwise requires:
   a.  “Food animal” means an animal belonging to the bovine, caprine, ovine, or porcine species; farm deer as defined in section 170.1; or turkeys, chickens, or other poultry.
   b.  “Food establishment”, “food processing plant”, and “farmers market” mean the same as defined in section 137F.1.
   c.  “Food operation” means any of the following:
   (1)  A location where a food animal is produced.
   (2)  A location other than as described in subparagraph (1) where a food animal is kept, including a livestock market, vehicle or trailer attached to a vehicle, fair, exhibition, or a business operated by a person licensed to practice veterinary medicine pursuant to chapter 169.
   (3)  A location where a meat food product or poultry product is prepared for human consumption, including a food processing plant, a slaughtering establishment operating under the provisions of 21 U.S.C. §451 et seq. or 21 U.S.C. §601 et seq.; or a slaughtering establishment subject to state inspection as provided in chapter 189A.
   (4)  A food establishment or farmers market that sells or offers for sale a meat product or poultry product.
   d.  “Meat food product”, “poultry product”, and “prepared” mean the same as defined in section 189A.2.
   2.  A person commits food operation trespass by entering or remaining on the property of a food operation without the consent of a person who has real or apparent authority to allow the person to enter or remain on the property.
   3.  Subsection 2 does not apply to any of the following:
   a.  A person passing over a right-of-way, if the person has not been notified or requested by posted signage or other means to abstain from entering onto the right-of-way or to vacate the right-of-way.
   b.  A person having lawful authority to enter onto the property of the food operation, including but not limited to a federal, state, or local government official.
   c.  A person who is conferred legal status to enter onto or remain on the property of the food operation. 
   d.  A person employed by a food operation while acting in the course of employment.
    Sec. 2.  Section 716.8, Code 2020, is amended by adding the following new subsection:
   NEW SUBSECTION.  8.  A person who commits food operation trespass commits an aggravated misdemeanor.
EXPLANATION
The inclusion of this explanation does not constitute agreement with
the explanation’s substance by the members of the general assembly.
   This bill creates the criminal offense of food operation trespass. A person commits the offense by entering or remaining on the property of a food operation without the consent of a person who has real or apparent authority over the property. A food operation is a location where a food animal is produced or kept, the location where a meat or poultry product is prepared (e.g., processed and packaged) for human consumption, or a food establishment, such as a restaurant or farmers market that sells or offers for sale a meat product or poultry product. A person who commits food operation trespass commits an aggravated misdemeanor. An aggravated misdemeanor is punishable by confinement for no more than two years and a fine of at least $625 but not more than $6,250.