CHAPTER 187
CHOOSE IOWA ACT

Referred to in §159.20

SUBCHAPTER I
GENERAL

     
187.101  Short title.
  This chapter shall be known and may be cited as the “Choose Iowa Act”.
2024 Acts, ch 1177, §8, 16

     
187.102  Definitions.
  As used in this chapter, unless the context otherwise requires:
  1.  “Agricultural commodity” means an animal or plant, or raw material originating from an animal or plant.
  2.  “Component” means an agricultural commodity that is combined to form a product during processing.
  3.  “Department” means the department of agriculture and land stewardship.
  4.  “Farm” means land and associated structures used to produce an agricultural commodity.
  5.  a.  “Financial assistance” means support provided by the department to an eligible business under this chapter from moneys or other assets legally available to the department.
  b.  “Financial assistance” includes any form of grant, low-interest loan, or forgivable loan.
  6.  “Food item” means an agricultural commodity, or an item processed from an agricultural commodity, that is fit for human consumption.
  7.  “Fund” means the choose Iowa fund created in section 187.201.
  8.  “Horticulture item” means any of the following:
  a.  A nursery, floral, or greenhouse plant.
  b.  A product processed from a nursery, floral, or greenhouse plant, including a seed, rooting, cutting, tissue culture, seedling, or other propagation material.
  9.  “Located in” means the place or places at which a business’s operations are located and where at least ninety-eight percent of the business’s employees work, or where employees that are paid at least ninety-eight percent of the business’s payroll work.
  10.  “Natural fiber item” means fiber originating from an agricultural commodity for use in processing, including manufacturing into a textile, apparel, or other similar product.
  11.  “Process” means to prepare a product that includes an agricultural commodity alone or as a component.
  12.  a.  “Product” means an agricultural commodity that in its raw or processed state is moveable at the time of its retail sale.
  b.  “Product” includes but is not limited to a food item, horticulture item, or natural fiber item.
2024 Acts, ch 1177, §9, 16

     
187.103  Administration.
  The department shall adopt all rules under chapter 17A as it determines necessary or desirable to administer this chapter.
2024 Acts, ch 1177, §10, 16
187.104 through 187.200Reserved.

SUBCHAPTER II
FINANCING

  
     
187.201  Choose Iowa fund.
  1.  A choose Iowa fund is created in the state treasury under the management and control of the department.
  2.  The fund shall include moneys collected as fees by the department as provided in section 187.303, moneys appropriated by the general assembly, and other moneys available to and obtained or accepted by the department, including moneys from public or private sources.
  3.  Moneys in the fund are appropriated to the department and shall be used exclusively to administer the programs created in this subchapter as determined and directed by the department, and shall not require further special authorization by the general assembly.
  4.  a.  Notwithstanding section 12C.7, interest or earnings on moneys in the fund shall be credited to the fund.
  b.  Notwithstanding section 8.33, moneys in the fund that remain unencumbered or unobligated at the end of a fiscal year shall not revert.
2022 Acts, ch 1152, §7
C2023, §159.31
2024 Acts, ch 1177, §6, 14, 16
C2025, §187.201
Referred to in §187.102
187.202 through 187.300Reserved.

SUBCHAPTER III
PROGRAMS

PART 1
CHOOSE IOWA

  
     
187.301  Choose Iowa promotional program.
  1.  The department shall establish and administer a choose Iowa promotional program to advertise for retail sale an Iowa product that may include any of the following:
  a.  An agricultural commodity produced on an Iowa farm, except that it may be prepared for sale by washing or packaging in this state.
  b.  An agricultural commodity processed in this state, if its components originate as an agricultural commodity produced on an Iowa farm.
  2.  a.  The department may adopt rules further defining an Iowa farm, Iowa agricultural commodity, and Iowa product; and describing how an Iowa agricultural commodity originates on an Iowa farm.
  b.  The department may adopt rules providing for the acceptable use of a component that originates from an agricultural commodity not produced on an Iowa farm. In adopting the rules, the department may consider whether the component is an incidental or insignificant part of an Iowa product.
2022 Acts, ch 1152, §4
C2023, §159.28
2024 Acts, ch 1177, §4, 14, 16
C2025, §187.301

  
     
187.302  Choose Iowa logo.
  1.  As part of the choose Iowa promotional program, the department may establish a choose Iowa logo to identify an Iowa product.
  2.  The department may register the choose Iowa logo as a mark with the secretary of state under chapter 548. If allowed under federal law, the department may also register the logo as a trademark with the United States patent and trademark office or as a copyright with the United States copyright office.
  3.  This section does not require the department to incorporate the name “choose Iowa” as part of a mark, trademark, or copyright, if such name is already protected by state or federal law.
  4.  If the department registers a mark with the secretary of state, registers a trademark with the United States patent and trademark office, or registers a copyright with the United States copyright office under this section, the state of Iowa shall be named as the owner of the mark, trademark, or copyright.
  5.  The use of a choose Iowa logo does not do any of the following:
  a.  Provide an express or implied guarantee or warranty concerning the safety, fitness, merchantability, or use of a product.
  b.  Supersede, revise, or replace a state or federal labeling requirement, including but not limited to a provision in the federal Fair Packaging and Labeling Act, 15 U.S.C. §1451 et seq.
  c.  Indicate the grade, specification, standard, or value of any agricultural commodity, component, or product.
2022 Acts, ch 1152, §5
C2023, §159.29
2024 Acts, ch 1177, §5, 14, 16
C2025, §187.302

  
     
187.303  Choose Iowa licensing agreement — fees.
  1.  A person may apply to the department to participate in the choose Iowa promotional program according to procedures established by rules adopted by the department. The department shall evaluate and approve or disapprove applications based on criteria established by rules adopted by the department. The department may disapprove an application if the department determines the applicant’s use of the choose Iowa logo would be associated with the consumption of an adulterated or illegal food item.
  2.  The department may enter into a licensing agreement with a person participating in the program. The participating person may use the choose Iowa logo to advertise a food item originating as an agricultural commodity produced on an Iowa farm, subject to terms and conditions required by rules adopted by the department. A licensing agreement shall not be for more than one year.
  3.  The department shall establish application and license fees by rules adopted by the department.
2022 Acts, ch 1152, §6
C2023, §159.30
2024 Acts, ch 1177, §14, 16
C2025, §187.303
Referred to in §187.201
187.304 through 187.310Reserved.

PART 2
DAIRY INNOVATION AND REVITALIZATION

  
     
187.311  Dairy innovation and revitalization program.
  1.  A dairy innovation and revitalization program is created within the department. The purpose of the program is to promote the development, modernization, and expansion of this state’s dairy industry.
  2.  In administering the program, the department shall award financial assistance to eligible businesses to support projects that do one or more of the following:
  a.  Expand or refurbish existing milk plants or establish a new milk plant, operating pursuant to a permit issued pursuant to section 192.111 or 194.3A.
  b.  Expand or refurbish existing mobile dairy processing units, or establish new mobile dairy processing units.
  c.  Rent buildings, refrigeration or freezer facilities, or equipment necessary to expand dairy processing capacity, including mobile dairy or refrigeration units used exclusively for dairy processing.
  d.  Incorporate methods and technologies that reduce farm labor associated with milk production and storage, including but not limited to the use of robotics and processes or systems that operate using computerized equipment or machinery.
  3.  The department shall establish eligibility criteria for the program. The eligibility criteria must include all of the following:
  a.  The business must be located in this state.
  b.  The business must not have been subject to any regulatory enforcement action related to federal, state, or local environmental, worker safety, food processing, or food safety laws, rules, or regulations within the last five years.
  c.  The business must only employ individuals legally authorized to work in this state.
  d.  The business must not currently be in bankruptcy.
  e.  The business must employ less than fifty individuals.
  4.  An eligible business seeking financial assistance under this section shall make application to the department in the manner and on forms prescribed by the department.
  5.  Applications for financial assistance under this section shall be accepted during one or more annual application periods established by the department. Upon reviewing and scoring all applications that are received during an application period, and subject to the availability of moneys, the department may award financial assistance to eligible businesses. A financial assistance award shall not exceed the amount of eligible project costs included in the eligible business’s application. Priority shall be given to eligible businesses whose proposed project or projects under subsection 2 are most likely to do one or more of the following:
  a.  Create new jobs.
  b.  Create or expand opportunities for local small-scale milk producers to market pasteurized milk and milk products under private labels.
  c.  Provide greater flexibility or convenience for local small-scale farmers to have milk processed.
  d.  Reduce labor associated with the on-farm production and storage of milk.
  6.  An eligible business that is awarded financial assistance under this section may apply for financial assistance under other programs administered by the department.
2023 Acts, ch 101, §1
C2024, §159.31A
2024 Acts, ch 1043, §63; 2024 Acts, ch 1177, §7, 14, 16
C2025, §187.311
187.312 through 187.320Reserved.

PART 3
VALUE-ADDED AGRICULTURE

     
187.321  Value-added agricultural grant program.
  A value-added agricultural grant program is created within the department. The purpose of the program is to identify, evaluate, and support projects and services that add value to agricultural commodities produced on Iowa farms, including by supporting new technologies and marketing strategies.
2024 Acts, ch 1177, §11, 16
187.322 through 187.330Reserved.

PART 4
CHOOSE IOWA FOOD PURCHASING PROGRAM

     
187.331  Choose Iowa food purchasing program.
  1.  There is created within the department a choose Iowa food purchasing program.
  2.  The department shall administer the program according to all of the following:
  a.  A farm or business that owns or operates the farm source shall be given a preference to participate in the program if the farm or business is currently participating in the choose Iowa promotional program as provided in this part 1 of subchapter III. Otherwise, a farm or business may participate in the program if the farm or business has applied to participate in the choose Iowa promotional program and the department determines that the application will be approved.
  b.  An eligible participant is limited to any Iowa food bank or an Iowa emergency feeding organization, recognized by the department.
  c.  A qualified food product is limited to meat and poultry, dairy products, grains, flour, eggs, honey, and produce.
  3.  a.  Of the moneys appropriated to support the program in a fiscal year, not more than two hundred thousand dollars shall be used to reimburse Iowa food banks and Iowa emergency feeding organizations.
  b.  An eligible participant shall be reimbursed on a matching basis with the department contributing one dollar for every one dollar expended by the eligible participant.
  c.  An Iowa food bank or Iowa emergency feeding organization shall not receive more than fifty thousand dollars per fiscal year for participating in the program.
  4.  The department may use not more than five percent of the moneys appropriated to support the program in a fiscal year to pay for the costs of administering the program.
  5.  The department shall prepare and submit a report regarding its findings and recommendations to the governor and general assembly not later than January 15 of each year.
  6.  This section is repealed July 1, 2030.
2025 Acts, ch 156, §6
NEW section