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PAG LIN
1 1 Section 1. NEW SECTION. 191A.1 PURPOSE.
1 2 The purpose of this chapter is to promote this state's
1 3 economy, by providing for the promotion of meat products that
1 4 have been processed in this state and offered for sale to
1 5 consumers in this state, other states, and other nations.
1 6 Sec. 2. NEW SECTION. 191A.2 DEFINITIONS.
1 7 As used in this chapter, unless the context otherwise
1 8 requires:
1 9 1. "Department" means the department of inspections and
1 10 appeals.
1 11 2. "Food product" means any product capable of use as
1 12 human food.
1 13 3. "Livestock" means the same as defined in section 717.1.
1 14 4. "Identify" means to identify meat products as having
1 15 been processed in this state, as provided in section 191A.3.
1 16 5. "Meat product" means any fresh or frozen raw meat
1 17 derived from the carcass of livestock, if the product is sold
1 18 for use as human food in this state or outside this state.
1 19 6. "Packer" means a person engaged in the business of
1 20 slaughtering livestock in this state, if the carcasses of the
1 21 livestock are processed or sold for processing into meat
1 22 products.
1 23 7. "Processor" means a person engaged in the business of
1 24 manufacturing meat products derived from the carcasses of
1 25 livestock for sale, including selling cuts of meat or ground
1 26 meat manufactured by the person, if all of the following
1 27 apply:
1 28 a. The processing occurs in this state.
1 29 b. The person's total annual sales of the meat products is
1 30 five million dollars or more.
1 31 8. "Retailer" means a person engaged in the business of
1 32 selling food products on a retail basis for off-premises
1 33 consumption, if any of the following applies:
1 34 a. The person has gross annual sales of food products of
1 35 ten million dollars or more.
2 1 b. The person has gross annual sales of meat products of
2 2 one million dollars or more.
2 3 9. "Sale" means any transfer, exchange, or barter, in any
2 4 manner or by any means, for a consideration, and includes an
2 5 offer for sale.
2 6 10. "Wholesaler" means a person engaged in the business of
2 7 packaging and selling meat products on a wholesale basis, if
2 8 any of the following applies:
2 9 a. The person has gross annual sales of food products of
2 10 three million dollars or more.
2 11 b. The person has gross annual sales of meat products of
2 12 three million dollars or more.
2 13 Sec. 3. NEW SECTION. 191A.3 IDENTIFICATION REQUIREMENTS.
2 14 1. a. A processor shall not sell a meat product, unless
2 15 the meat product is identified to the purchaser of the meat
2 16 product.
2 17 b. A wholesaler who receives a meat product that has been
2 18 identified shall not sell the meat product, unless the meat
2 19 product is identified to the purchaser of the meat product.
2 20 c. A retailer who receives a meat product that has been
2 21 identified shall not sell the meat product, unless the meat
2 22 product is identified to the consumer of the meat product.
2 23 The identification shall be in the form of the following
2 24 statement: "IOWA MEATS". The statement shall appear in a
2 25 conspicuous manner. If the meat product is offered for sale
2 26 in a packaged form, the package shall be labeled with the
2 27 statement. If the meat product is offered for sale
2 28 unpackaged, the statement shall appear on a placard in close
2 29 proximity to the meat product.
2 30 2. This section does not require any of the following:
2 31 a. That a packer designate the origin of livestock or
2 32 livestock carcasses.
2 33 b. The identification of a meat product that is cooked
2 34 prior to sale on a retail basis.
2 35 c. That a person maintain identification records.
3 1 Sec. 4. NEW SECTION. 191A.4 DEPARTMENTAL DUTIES –
3 2 ADMINISTRATION AND MARKETING.
3 3 1. The department shall adopt rules pursuant to chapter
3 4 17A which are necessary in order to administer and enforce
3 5 this chapter, including rules required for the identification
3 6 of meat products by processors, wholesalers, and retailers as
3 7 provided in section 191A.3.
3 8 a. The rules shall require practices and procedures
3 9 necessary in order to provide a practicable, simple, and cost-
3 10 effective system for the identification.
3 11 b. The department shall provide rules for the labeling of
3 12 meat products offered for sale by retailers, including the
3 13 size and shape of labels or placards and the font and point
3 14 size of the print. The department may require identification
3 15 information in addition to the statement required pursuant to
3 16 section 191A.3.
3 17 2. The department of agriculture and land stewardship
3 18 shall promote the use of labels by retailers outside this
3 19 state to identify meat products processed in this state.
3 20 Sec. 5. NEW SECTION. 191A.5 PENALTIES – EVIDENCE OF A
3 21 VIOLATION.
3 22 1. A person who violates section 191A.3 or 191A.4 is
3 23 subject to a civil penalty of not more than one thousand
3 24 dollars for each illegal sale. The department shall establish
3 25 a schedule of civil penalties based on the dollar amount of
3 26 meat products sold in violation of section 191A.3 or 191A.4.
3 27 2. A person shall not be subject to a civil penalty for
3 28 selling a meat product without an identification or with a
3 29 wrong identification, if the person sells the meat product in
3 30 good faith. Evidence of good faith includes compliance with
3 31 established practices and routine procedures which reasonably
3 32 provides identification consistent with sections 191A.3 and
3 33 191A.4.
3 34 Sec. 6. DEPARTMENTAL RULEMAKING. In adopting rules
3 35 required to administer this chapter, the department of
4 1 inspections and appeals shall consult with interested parties,
4 2 including the industries affected, the department of economic
4 3 development, and the department of agriculture and land
4 4 stewardship.
4 5 EXPLANATION
4 6 This bill creates a new Code chapter 191A intended to
4 7 promote this state's economy, by providing for the promotion
4 8 of meat products that have been processed in this state.
4 9 The bill provides that a processor who manufactures raw
4 10 meat in this state shall not sell the meat, unless the meat is
4 11 identified to the purchaser of the meat. The same requirement
4 12 applies to a wholesaler of the meat. A retailer who receives
4 13 the meat must label it with the statement "IOWA MEATS". If
4 14 the meat is offered for sale in a packaged form, the package
4 15 must be labeled with the statement. If the meat product is
4 16 offered for sale unpackaged, the statement must appear on a
4 17 placard in close proximity to the meat.
4 18 The department of inspections and appeals is responsible
4 19 for administering and enforcing the chapter. The department
4 20 must adopt rules that require practices and procedures
4 21 necessary in order to provide identification, including
4 22 labeling. The department of agriculture and land stewardship
4 23 is required to promote the use of labels identifying meat
4 24 processed in this state, directed at persons selling meat
4 25 products to consumers outside this state.
4 26 A person who violates this bill is subject to a civil
4 27 penalty of not more than $1,000 for each illegal sale. The
4 28 department of inspections and appeals is required to establish
4 29 a schedule of penalties based on the dollar amount of sales
4 30 made in violation of the bill's provisions. The bill provides
4 31 that a person is not subject to a civil penalty for selling
4 32 meat without proper identification if the person sells the
4 33 meat in good faith.
4 34 LSB 1741SS 78
4 35 da/sc/14
Text: SF00065 Text: SF00067 Text: SF00000 - SF00099 Text: SF Index Bills and Amendments: General Index Bill History: General Index
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