Senate File 578 S-3180 Amend the House amendment, S-3107, to Senate File 578, as 1 amended, passed, and reprinted by the Senate, as follows: 2 1. By striking page 1, line 17, through page 2, line 17. 3 2. By striking page 3, line 14, through page 5, line 33, and 4 inserting: 5 < PART A 6 FARM-TO-SCHOOL ACT 7 Sec. ___. Section 190A.1, Code 2021, is amended by striking 8 the section and inserting in lieu thereof the following: 9 190A.1 Short title. 10 This chapter shall be known and may be cited as the 11 “Farm-to-School Act” . 12 Sec. ___. NEW SECTION . 190A.2 Definitions. 13 As used in this chapter, unless the context otherwise 14 requires: 15 1. “Department” means the department of agriculture and land 16 stewardship. 17 2. “Food animal” means an animal belonging to the bovine, 18 caprine, ovine, or porcine species; a turkey, chicken, or other 19 type of poultry; a farm deer as defined in section 170.1; a 20 fish or other aquatic organism confined in private waters for 21 human consumption; or a bee as defined in section 160.1A. 22 3. “Food commodity” means any of the following: 23 a. A food animal that is to be slaughtered or harvested and 24 that is to be processed into a food product. 25 b. An item regularly generated by a food animal, including 26 milk, eggs, or honey, that has been collected, and that is to 27 be processed into a food product. 28 c. Sap, whole nuts, or whole produce, including vegetables 29 or fruit, that has been harvested and that is to be processed 30 into a food product. 31 4. “Food product” means a perishable or nonperishable 32 product derived from processing a food commodity to be fit 33 for human consumption, including but not limited to cuts of 34 meat, poultry, or fish; shelled aquatic items; pasteurized milk 35 -1- S 3107.2274 (1) 89 da/ns 1/ 5 #1. #2.

or dairy products; washed shelled eggs; honey; maple syrup; 1 cleaned unshelled or shelled nuts; washed whole produce; and 2 washed and cut produce. 3 5. “Fund” means the farm-to-school fund created in section 4 190A.5. 5 6. “Process” means to prepare a food commodity in a manner 6 that allows it to be sold to consumers as a food product, 7 including by altering the form or identity of the food 8 commodity; trimming, cutting, cleaning, drying, freezing, 9 filtering, sorting, or shelling the food commodity; or 10 packaging the food commodity. 11 7. “Program” means the farm-to-school program created in 12 section 190A.6. 13 8. “School” means a public school or nonpublic school, as 14 those terms are defined in section 280.2, or that portion of a 15 public school or nonpublic school that provides facilities for 16 teaching any grade from kindergarten through grade twelve. 17 9. “School district” means a school district as described 18 in chapter 274. 19 Sec. ___. NEW SECTION . 190A.5 Farm-to-school fund. 20 1. A farm-to-school fund is created in the state treasury 21 under the management and control of the department. 22 2. The fund shall include moneys appropriated to the fund 23 by the general assembly. The fund shall include any other 24 moneys available to and obtained or accepted by the department, 25 including moneys from public or private sources, to support the 26 program. 27 3. Moneys in the fund are appropriated to support the 28 program in a manner determined by the department, including for 29 reasonable administrative costs incurred by the department. 30 However, the department shall not expend more than four 31 percent of moneys existing at any one time in the fund during 32 each fiscal year for purpose of paying costs associated with 33 the administration of the program and fund incurred by the 34 department during that fiscal year. Moneys expended from the 35 -2- S 3107.2274 (1) 89 da/ns 2/ 5

fund shall not require further special authorization by the 1 general assembly. 2 4. a. Notwithstanding section 12C.7, interest or earnings 3 on moneys in the fund shall be credited to the fund. 4 b. Notwithstanding section 8.33, moneys credited to the 5 fund that remain unencumbered or unobligated at the close of 6 a fiscal year shall not revert but shall remain available for 7 expenditure for the purposes designated. 8 Sec. ___. NEW SECTION . 190A.6 Farm-to-school program. 9 1. A farm-to-school program is created. The program shall 10 be controlled and administered by the department. 11 2. The purpose of the program is to assist schools and 12 school districts in purchasing food products derived from food 13 commodities produced on a farm. 14 3. The department shall reimburse a school or school 15 district for expenditures incurred by the school or school 16 district during the school year in which the school or school 17 district is participating in the program to purchase food 18 products derived from food commodities produced on a farm. 19 4. A school or school district must apply each year to the 20 department to participate in the program according to rules 21 adopted by the department pursuant to chapter 17A. 22 5. To be eligible to participate in the program, a school or 23 school district must purchase a food product directly from a 24 farm source as follows: 25 a. The farm source must be any of the following: 26 (1) A farm where a food commodity is produced, if the food 27 commodity is processed into a food product on the farm for sale 28 to a consumer. 29 (2) A business premises that is directly shipped a food 30 commodity from a farm, if the food commodity is processed into 31 a food product on the business premises for sale to a consumer. 32 (3) A business premises that is directly shipped a food 33 product from a farm, if the food product is purchased for 34 resale to a consumer or is distributed to a consumer on behalf 35 -3- S 3107.2274 (1) 89 da/ns 3/ 5

of a farmer. 1 b. The farm source must comply with all applicable laws 2 regulating the sale of food. 3 c. (1) Except as provided in subparagraph (2), the farm 4 source must be located in this state. 5 (2) If the school district shares a border with another 6 state, or the school is part of a school district that shares 7 a border with another state, the farm source may be located 8 in the other state. However, the farm source must be located 9 within thirty miles of the school district’s border with the 10 other state and the department must approve the purchase. 11 6. The department shall require proof of purchase prior to 12 reimbursing the school or school district for the purchase of 13 food products. 14 7. The department of agriculture and land stewardship may 15 administer the program in cooperation with the department of 16 education and the participating school or school district in 17 which a participating school is located. 18 8. a. The department shall reimburse a participating 19 school or school district that submits a claim as required 20 by the department. The department shall pay the claim on a 21 matching basis with the department contributing one dollar 22 for every three dollars expended by the school or school 23 district. However, a school or school district shall not 24 receive more than one thousand dollars during any year in which 25 it participates in the program. 26 b. Notwithstanding paragraph “a” , if the department 27 determines that there are sufficient moneys in the fund to 28 satisfy all claims that may be submitted by schools and school 29 districts, the department shall provide for the distribution 30 of the available moneys in a manner determined equitable by 31 the department, which may include a prorated distribution to 32 participating schools and school districts. > 33 3. By renumbering as necessary. 34 -4- S 3107.2274 (1) 89 da/ns 4/ 5