Text: SF00215 Text: SF00217 Text: SF00200 - SF00299 Text: SF Index Bills and Amendments: General Index Bill History: General Index
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. "Identify" means to identify meat products as having 1 14 been processed in this state, as provided in section 191A.3. 1 15 4. "Livestock" means the same as defined in section 717.1. 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 1337SS 4 35 da/cls/14
Text: SF00215 Text: SF00217 Text: SF00200 - SF00299 Text: SF Index Bills and Amendments: General Index Bill History: General Index
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