Text: HF02294                           Text: HF02296
Text: HF02200 - HF02299                 Text: HF Index
Bills and Amendments: General Index     Bill History: General Index

House File 2295

Partial Bill History

Bill Text

PAG LIN
  1  1    Section 1.  Section 189A.2, Code 1999, is amended by adding
  1  2 the following new subsections:
  1  3    NEW SUBSECTION.  4A.  "Commerce" means interstate commerce
  1  4 or intrastate commerce.
  1  5    NEW SUBSECTION.  10A.  "Interstate commerce" means commerce
  1  6 in this state and between this state any other state.
  1  7    Sec. 2.  NEW SECTION.  189A.2A  OBJECTIVES – APPLICATION
  1  8 OF THE CHAPTER – INTRASTATE AND INTERSTATE COMMERCE.
  1  9    1.  It is the objective of this chapter to provide for meat
  1 10 and poultry products inspection that will impose and enforce
  1 11 requirements that are at least equal to those imposed and
  1 12 enforced under the federal Meat Inspection Act and the federal
  1 13 Poultry Products Inspection Act with respect to operations and
  1 14 transactions in commerce.
  1 15    2.  The secretary shall administer this chapter in order to
  1 16 accomplish the objectives of this section in accordance with
  1 17 this chapter's provisions.
  1 18    3.  The provisions of this chapter shall apply to the
  1 19 extent that any of the following applies:
  1 20    a.  The provisions relate to intrastate commerce.
  1 21    b.  The provisions relate to interstate commerce and all of
  1 22 the following apply:
  1 23    (1)  The secretary assumes responsibility for administering
  1 24 and enforcing all provisions.  The secretary may determine
  1 25 that a provision applies to a class of persons required to be
  1 26 licensed pursuant to section 189A.3, based on the size of the
  1 27 establishment that the person operates.
  1 28    (2)  The secretary determines that administration and
  1 29 enforcement of the provision is consistent with federal law.
  1 30    Sec. 3.  Section 189A.3, unnumbered paragraph 3, Code 1999,
  1 31 is amended to read as follows:
  1 32    It is the objective of this chapter to provide for meat and
  1 33 poultry products inspection programs that will impose and
  1 34 enforce requirements with respect to intrastate operations and
  1 35 commerce that are at least equal to those imposed and enforced
  2  1 under the federal Meat Inspection Act and the federal Poultry
  2  2 Products Inspection Act with respect to operations and
  2  3 transactions in interstate commerce; and the secretary is
  2  4 directed to administer this chapter so as to accomplish this
  2  5 purpose.  A director of the meat and poultry inspection
  2  6 service shall be designated as the secretary's delegate to be
  2  7 the appropriate state official to co-operate with the
  2  8 secretary of agriculture of the United States in
  2  9 administration of this chapter.
  2 10    Sec. 4.  Section 189A.5, subsections 1 and 4, Code 1999,
  2 11 are amended to read as follows:
  2 12    1.  By regulations require antemortem and postmortem
  2 13 inspections, quarantine, segregation, and reinspections with
  2 14 respect to the slaughter of livestock and poultry and the
  2 15 preparation of livestock products and poultry products at all
  2 16 establishments in this state, except those exempted by section
  2 17 189A.4, at which livestock or poultry are slaughtered or
  2 18 livestock or poultry products are prepared for human food
  2 19 solely for distribution in intrastate commerce.
  2 20    4.  By regulations require that when livestock products and
  2 21 poultry products leave official establishments they shall bear
  2 22 directly thereon or on their containers on the products or the
  2 23 containers of the products, or both, all information required
  2 24 by subsection 17 of section 189A.2; and, subsection 17.  The
  2 25 secretary shall also require approval of all labeling and
  2 26 containers to be used for such products when sold or
  2 27 transported in intrastate commerce to assure that the products
  2 28 comply with the requirements of this chapter.
  2 29    Sec. 5.  Section  189A.5, subsection 7, Code 1999, is
  2 30 amended to read as follows:
  2 31    7.  By regulations require that both of the following
  2 32 classes of persons shall provided in this subsection keep such
  2 33 records and for such the periods as are specified in the
  2 34 regulations to fully and correctly disclose all transactions
  2 35 involved in their business,; and to afford the secretary and
  3  1 the secretary's representatives, including representatives of
  3  2 other governmental agencies designated by the secretary,
  3  3 access to such places of business, and an opportunity at all
  3  4 reasonable times to examine the facilities, inventory, and
  3  5 records thereof, to copy the records,; and to take reasonable
  3  6 samples of the inventory upon payment of the fair market value
  3  7 therefor for the inventory.  The persons must be engaged in
  3  8 commerce by doing any of the following:
  3  9    a.  Any person that engages in or for intrastate commerce
  3 10 in the business of slaughtering any Slaughtering livestock or
  3 11 poultry, or preparing, freezing, packaging or labeling, buying
  3 12 or selling, as a broker, wholesaler, or otherwise,
  3 13 transporting, or storing any livestock products or poultry
  3 14 products for human or animal food.
  3 15    b.  Any person that engages in or for intrastate commerce
  3 16 in business as a renderer or in the business of Rendering dead
  3 17 livestock or poultry or buying, selling, or transporting any
  3 18 dead, dying, disabled, or diseased livestock or poultry or
  3 19 parts of the carcasses of any such animals, including poultry,
  3 20 livestock or poultry that died otherwise than by slaughter.
  3 21    Sec. 6.  Section 189A.7, subsections 5 and 7, Code 1999,
  3 22 are amended to read as follows:
  3 23    5.  By regulations prescribe conditions of storage and
  3 24 handling of livestock products and poultry products by persons
  3 25 engaged in the business of buying, selling, freezing, storing,
  3 26 or transporting such articles in or for intrastate commerce to
  3 27 assure that such articles will not be adulterated or
  3 28 misbranded when delivered to the consumer.
  3 29    7.  By regulations require that every person engaged in
  3 30 business in or for intrastate commerce as a broker, renderer,
  3 31 animal food manufacturer, or wholesaler or public warehouser
  3 32 of livestock or poultry products, or engaged in the business
  3 33 of buying, selling, or transporting in intrastate commerce any
  3 34 dead, dying, disabled, or diseased livestock or poultry or
  3 35 parts of the carcasses of any such animals, including
  4  1 livestock or poultry, that died otherwise than by slaughter
  4  2 shall register with the secretary the person's name and the
  4  3 address of each place of business at which and all trade names
  4  4 under which the person conducts such business.
  4  5    Sec. 7.  Section 189A.8, Code 1999, is amended to read as
  4  6 follows:
  4  7    189A.8  PROHIBITED ACTS.
  4  8    1.  No A person shall not sell, transport, offer for sale
  4  9 or transportation, or receive for transportation in intrastate
  4 10 commerce, any carcasses of horses, mules, or other equines or
  4 11 parts of such carcasses, or the meat or meat food products
  4 12 thereof, of the carcasses unless they are plainly and
  4 13 conspicuously marked or labeled or otherwise identified as
  4 14 required by regulations prescribed by the secretary to show
  4 15 the kinds of animals from which they were derived.
  4 16    2.  No person A person shall not buy, sell, transport, or
  4 17 offer for sale or transportation, or receive for
  4 18 transportation, in intrastate commerce, any livestock products
  4 19 or poultry products which are not intended for use as human
  4 20 food unless they are denatured or otherwise identified as
  4 21 required by the regulations of the secretary or are naturally
  4 22 inedible by humans.
  4 23    3.  No A person engaged in the business of buying, selling,
  4 24 or transporting in intrastate commerce, dead, dying, disabled,
  4 25 or diseased animals, or any parts of the carcasses of any
  4 26 animals that died otherwise than by slaughter, shall not buy,
  4 27 sell, transport, offer for sale or transportation, or receive
  4 28 for transportation in such commerce, any dead, dying,
  4 29 disabled, or diseased livestock or poultry or the products of
  4 30 any such animals livestock or poultry that died otherwise than
  4 31 by slaughter, unless such transaction or transportation is
  4 32 made in accordance with such regulations as the secretary may
  4 33 prescribe to assure that such animals the livestock or
  4 34 poultry, or the unwholesome parts or products thereof of the
  4 35 livestock or poultry, will be prevented from being used for
  5  1 human food purposes.
  5  2    Sec. 8.  Section 189A.10, subsection 1, paragraphs a
  5  3 through c, Code 1999, are amended to read as follows:
  5  4    a.  Slaughters livestock or poultry or prepares an article
  5  5 produced from livestock or poultry which is capable of use as
  5  6 human food, at any establishment preparing the article solely
  5  7 for intrastate commerce, except in compliance with the
  5  8 requirements of this chapter.
  5  9    b.  Sells, transports, offers for sale or transportation,
  5 10 or receives for transportation in intrastate commerce, any
  5 11 article produced from livestock or poultry which is both of
  5 12 the following:
  5 13    (1)  Capable of use as human food.
  5 14    (2)  Adulterated or misbranded at the time of such the
  5 15 sale, transportation, offer for sale or transportation, or
  5 16 receipt for transportation; or required to be inspected under
  5 17 this chapter unless the article has passed inspection.
  5 18    c.  Commits any act which is intended to cause or has the
  5 19 effect of causing an article produced from livestock or
  5 20 poultry to be adulterated or misbranded, if the article is
  5 21 capable of use as human food and is being transported or held
  5 22 for sale after being transported in intrastate commerce.
  5 23    Sec. 9.  Section 189A.10, subsection 2, Code 1999, is
  5 24 amended to read as follows:
  5 25    2.  A person commits a fraudulent practice as defined in
  5 26 section 714.8, if the person sells, transports, offers for
  5 27 sale or transportation, or receives for transportation in
  5 28 intrastate commerce, or receives from an official
  5 29 establishment, any slaughtered poultry from which the blood,
  5 30 feathers, feet, head, or viscera have not been removed in
  5 31 accordance with regulations promulgated by the secretary.
  5 32    Sec. 10.  Section 189A.12, Code 1999, is amended to read as
  5 33 follows:
  5 34    189A.12  SEIZURE, DETENTION AND DETERMINATION.
  5 35    Whenever any livestock or poultry product or any product
  6  1 exempted from the definition of a livestock or poultry
  6  2 product, or any dead, dying, disabled, or diseased livestock
  6  3 or poultry is found by any authorized representative of the
  6  4 secretary upon any premises where it is held for purposes of,
  6  5 or during or after distribution in, intrastate commerce or is
  6  6 otherwise subject to this chapter, and there is reason to
  6  7 believe that any such article is adulterated or misbranded and
  6  8 is capable of use as human food, or that it has not been
  6  9 inspected in violation of the provisions of this chapter, the
  6 10 federal Meat Inspection Act, the federal Poultry Products
  6 11 Inspection Act, or the federal Food, Drug, and Cosmetic Act,
  6 12 or that such article or animal has been or is intended to be
  6 13 distributed in violation of any such provisions this chapter,
  6 14 it may be detained by such representative for a period not to
  6 15 exceed twenty days, pending action under this section or
  6 16 notification of any federal authorities having jurisdiction
  6 17 over such article or animal, and shall not be moved by any
  6 18 person from the place at which it is located when so detained
  6 19 until released by such representative.  All official marks may
  6 20 be required by such representative to be removed from such
  6 21 article or animal before it is released unless it appears to
  6 22 the satisfaction of the secretary that the article or animal
  6 23 is eligible to retain such marks.
  6 24    1.  Any livestock or poultry product, or any dead, dying,
  6 25 disabled, or diseased livestock or poultry which is being
  6 26 transported in intrastate commerce, or is otherwise subject to
  6 27 this chapter,; or is held for sale in this state after such
  6 28 transportation, and which is or has been prepared, sold,
  6 29 transported, or otherwise distributed or offered or received
  6 30 for distribution in violation of this chapter; or is capable
  6 31 of use as human food and is adulterated or misbranded; or is
  6 32 in any other way in violation of this chapter shall be liable
  6 33 to be proceeded against and seized and condemned at any time
  6 34 on a complaint filed in the district court of the particular
  6 35 county within the jurisdiction of which such article or animal
  7  1 is found.  If such article or animal is condemned it shall,
  7  2 after entry of the decree, be disposed of by destruction or
  7  3 sale as the court may direct and any proceeds, less the court
  7  4 costs and fees, storage fees, and other proper expenses, shall
  7  5 be paid into the treasury of this state, but the article or
  7  6 animal shall not be sold contrary to the provisions of this
  7  7 chapter, the federal Meat Inspection Act, the federal Poultry
  7  8 Products Inspection Act, or the federal Food, Drug, and
  7  9 Cosmetic Act; however, upon the execution and delivery of a
  7 10 good and sufficient bond conditioned that the article or
  7 11 animal shall not be sold or otherwise disposed of contrary to
  7 12 the provisions of this chapter or the laws of the United
  7 13 States, the court may direct that such the article or animal
  7 14 be delivered to the owner thereof of the article or animal
  7 15 subject to such supervision by authorized representatives of
  7 16 the secretary as is necessary to insure compliance with the
  7 17 applicable laws.  When a decree of condemnation is entered
  7 18 against the article or animal and it the article or animal is
  7 19 released under bond or destroyed, court costs and fees,
  7 20 storage fees, and other proper expenses shall be awarded
  7 21 against any person intervening as claimant of the article or
  7 22 animal.  The proceedings in such cases shall be held without a
  7 23 jury, except that either party may demand trial by jury of any
  7 24 issue of fact joined in any case, and all such proceedings
  7 25 shall be at the suit of and in the name of this state.
  7 26    2.  The provisions of this section shall in no way derogate
  7 27 from authority for condemnation or seizure conferred by other
  7 28 provisions of this chapter or other applicable laws.
  7 29    Sec. 11.  Section 189A.17, subsection 3, Code 1999, is
  7 30 amended to read as follows:
  7 31    3.  The secretary shall also have power may also do any of
  7 32 the following:
  7 33    a.  To gather Gather and compile information concerning,
  7 34 and to investigate from time to time the organization,
  7 35 business, conduct, practices, and management of any person
  8  1 engaged in intrastate commerce, and the relation thereof to
  8  2 other persons.
  8  3    b.  To require Require persons engaged in intrastate
  8  4 commerce to file with the secretary in such form as the
  8  5 secretary may prescribe, annual or special reports or answers
  8  6 in writing to specific questions, furnishing to the secretary
  8  7 such information as the secretary may require as to the
  8  8 organization, business, conduct, practices, management, and
  8  9 relation to other persons of the person filing such reports or
  8 10 answers.  Such The reports and answers shall be made under
  8 11 oath, or otherwise as the secretary may prescribe, and shall
  8 12 be filed with the secretary within such a reasonable period as
  8 13 the secretary may prescribe, unless additional time be is
  8 14 granted in any case by the secretary.
  8 15    Sec. 12.  Section 189A.19, Code 1999, is amended to read as
  8 16 follows:
  8 17    189A.19  BRIBERY.
  8 18    1.  Any A person who gives, pays, or offers, directly or
  8 19 indirectly, to any officer or employee of this state
  8 20 authorized to perform any of the duties prescribed by this
  8 21 chapter or by the regulations of the secretary, any money or
  8 22 other thing of value, with intent to influence said the
  8 23 officer or employee in the discharge of any such duty, shall
  8 24 be deemed guilty of a felony and, upon.  Upon conviction
  8 25 thereof, the person shall be punished by a fine not less than
  8 26 five thousand dollars nor more than ten thousand dollars and
  8 27 by imprisonment in the penitentiary for not less than one year
  8 28 nor more than three years; and any.
  8 29    2.  An officer or employee of this state authorized to
  8 30 perform any of the duties prescribed by this chapter who
  8 31 accepts any money, gift, or other thing of value from any a
  8 32 person, given with intent to influence the officer's or
  8 33 employee's official action, or who receives or accepts from
  8 34 any person engaged in intrastate commerce any gift, money, or
  8 35 other thing of value given with any purpose or intent
  9  1 whatsoever, shall be deemed guilty of a felony and shall,
  9  2 upon.  Upon conviction thereof, the person shall be summarily
  9  3 discharged from office and shall be punished by a fine not
  9  4 less than one thousand dollars nor more than ten thousand
  9  5 dollars and by imprisonment in the penitentiary for not less
  9  6 than one year nor more than three years.
  9  7    Sec. 13.  Section 189A.20, Code 1999, is amended to read as
  9  8 follows:
  9  9    189A.20  NO INSPECTION FOR PRODUCTS INEDIBLE AS HUMAN FOOD.
  9 10    Inspection shall not be provided under this chapter at any
  9 11 establishment for the slaughter of livestock or poultry or the
  9 12 preparation of any livestock products or poultry products
  9 13 which are articles not intended for use as human food, but
  9 14 such articles.  However, the uninspected articles shall, prior
  9 15 to their offer for sale or transportation in intrastate
  9 16 commerce, unless naturally inedible by humans, be denatured or
  9 17 otherwise identified as prescribed by regulations of the
  9 18 secretary to deter their use for human food.
  9 19    Sec. 14.  NEW SECTION.  189A.23  REPORT BY THE SECRETARY –
  9 20 INTERSTATE APPLICATION OF THE CHAPTER.
  9 21    The secretary shall report to the general assembly any
  9 22 federal law granting the state authority to regulate the
  9 23 inspection of meat products and poultry products for
  9 24 interstate commerce.  The report shall include any
  9 25 recommendations to amend this chapter to provide for better
  9 26 regulation of meat products and poultry products for
  9 27 interstate commerce.  The report shall be delivered during the
  9 28 regular legislative session if the general assembly is
  9 29 convened.  If the general assembly is not convened, the report
  9 30 shall be delivered on or before the date on which the general
  9 31 assembly convenes its next regular legislative session.  
  9 32                           EXPLANATION
  9 33    This bill amends Code chapter 189A, which provides for the
  9 34 regulation of meat and poultry products intended for human
  9 35 consumption, largely by providing for the licensure and
 10  1 inspection of slaughter operations, livestock and poultry
 10  2 slaughtered on the premises of slaughter operations and
 10  3 products derived from livestock and poultry carcasses which
 10  4 are processed there.  The Code chapter regulates operations
 10  5 that are engaged in intrastate commerce as allowed under
 10  6 federal law.  This bill provides that the regulations in the
 10  7 Code chapter may apply to operations engaged in interstate
 10  8 commerce, if the secretary of agriculture assumes
 10  9 responsibility for the regulation, and the secretary
 10 10 determines that state regulation is consistent with federal
 10 11 law.  The bill requires the secretary to report to the general
 10 12 assembly any federal law granting the state authority to
 10 13 provide for interstate regulation.
 10 14    A person who violates a provision of the Code chapter is
 10 15 guilty of a simple misdemeanor.  However, if the offense
 10 16 relates to fraud or the distribution of an adulterated
 10 17 article, the person is guilty of a fraudulent practice.  
 10 18 LSB 5944HH 78
 10 19 da/as/5
     
Text: HF02294                           Text: HF02296
Text: HF02200 - HF02299                 Text: HF Index
Bills and Amendments: General Index     Bill History: General Index

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