H-8394

   Amend House File 2491 as follows:
   1.  Page 23, after line 30 by inserting: 
   <Sec. ___.  NEW SECTION.  191A.1  Definitions.
   As used in this chapter, unless the context otherwise requires:
   1.  “Consumer food product” means any item capable of use as human food that is produced using an agricultural animal or crop as defined in section 717A.1.
   2.  “Department” means the department of agriculture and land stewardship.
   3.  “Grocery store” means a food establishment as defined in section 137F.1 licensed by the department of inspections and appeals pursuant to section 137F.4, to sell consumer food products to customers, if such food products are intended for preparation or consumption off premises.
   Sec. ___.  NEW SECTION.  191A.2  Water resource policy.
   The state declares it is the policy of this state to further all efforts to provide a long-term sustainable water resource strategy necessary to promote agriculture.
   Sec. ___.  NEW SECTION.  191A.3  Water resource label.
   1.  The department shall adopt rules to establish a water usage information label to be affixed to a consumer food product or the package containing a consumer food product sold by a grocery store in this state. The label must be affixed to the consumer food product or package in the form of an adhesive or hanging tag. A label may be printed on the principal display panel of the package as provided in 21 C.F.R. pt. 101. The information panel shall be presented in a printed format in a manner that is easy for a consumer to quickly read its contents. The information panel shall indicate the average number of gallons of water required to produce the commodity used to produce the consumer food product. The label shall not be removed from the consumer food product or its packaging prior to its purchase by a consumer.
   2.  a.  The department shall not adopt rules as provided in this section until it obtains any necessary waiver from the United States food and drug administration or until necessary legislation authorizing the rules is enacted by the United States Congress. 
   b.  If the department determines that it requires state legislation prior to adopting any rules under this section, the department shall prepare and submit such legislation prior to the convening of the first session of the eighty-eighth general assembly. 
   3.  This section shall not apply to a packaged food product that includes a combination of commingled or blended commodities, if the department determines that the label would be impracticable to prepare or for consumers to readily read or understand.
   Sec. ___.  NEW SECTION.  191A.4  Penalty.
   1.  A person who violates this chapter is subject to a civil penalty of at least one hundred dollars but not more than one thousand dollars for each violation. Each day that a violation continues shall constitute a new offense. However, a person shall not be subject to a civil penalty of more than ten thousand dollars for a continuing violation.
   2.  The department shall impose and collect the civil penalty. The civil penalty collected by the department shall be deposited in the general fund of the state.
   Sec. ___.  NEW SECTION.  191A.5  Injunction.
   The department may restrain a person violating this chapter or a rule adopted by the department under this chapter by petitioning the district court where the violation occurs for injunctive relief. Each day that a violation continues constitutes a separate violation.
   Sec. ___.  REPORT.  The department of agriculture and land stewardship shall submit a report to the general assembly not later than January 1, 2019, detailing its progress in implementing sections 191A.1 through 191A.5 as enacted in this division of this Act.>
   2.  Title page, line 4, after <protection> by inserting <, and including penalties>
   3.  By renumbering as necessary.

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BENNETT of Linn