House File 2641 H-8295 Amend House File 2641 as follows: 1 1. By striking page 1, line 15, through page 4, line 35, and 2 inserting: 3 < Sec. ___. Section 159.20, subsection 2, Code 2024, is 4 amended to read as follows: 5 2. The department shall establish and administer a 6 choose Iowa promotional program as provided in part 2 of 7 this subchapter , in order to provide consumers a choice in 8 programs that advance the purchasing food items of agricultural 9 commodities produced on Iowa farms and Iowa products that 10 originate as an agricultural commodity commodities produced on 11 Iowa farms under this title, including chapter 187 . 12 Sec. ___. Section 159.20, subsection 3, unnumbered 13 paragraph 1, Code 2024, is amended to read as follows: 14 As used in this subchapter section : 15 Sec. ___. Section 159.28, Code 2024, is amended to read as 16 follows: 17 159.28 Choose Iowa promotional program. 18 1. The department shall establish and administer a choose 19 Iowa promotional program to advertise for retail sale on a 20 retail basis a food item that originates as an agricultural 21 commodity produced on an Iowa farm, and an Iowa product that 22 may include any of the following: 23 a. An agricultural commodity produced on an Iowa farm , 24 except that it may be prepared for sale by washing or packaging 25 in this state. 26 b. A product, if it is An agricultural commodity processed 27 in this state and any of its ingredients , if its components 28 originate as an agricultural commodity produced on an Iowa 29 farm. 30 2. a. The department may adopt rules further defining an 31 Iowa farm , Iowa agricultural commodity, and Iowa product; and 32 describing how an Iowa agricultural commodity originates on an 33 Iowa farm. 34 b. The department may adopt rules providing for the 35 -1- HF 2641.4084 (3) 90 da/ns 1/ 8 #1.
acceptable use of ingredients originating a component that 1 originates from an agricultural commodities commodity not 2 produced on an Iowa farms farm . In adopting the rules, the 3 department may consider whether the ingredient component is 4 an incidental additive or other component that the department 5 determines is or insignificant part of an Iowa product . 6 Sec. ___. Section 159.29, subsections 1 and 5, Code 2024, 7 are amended to read as follows: 8 1. As part of the choose Iowa promotional program, the 9 department may establish a choose Iowa logo to identify a food 10 item originating as an agricultural commodity produced on an 11 Iowa farm an Iowa product . 12 5. The use of a choose Iowa logo does not do any of the 13 following: 14 a. Provide an express or implied guarantee or warranty 15 concerning the safety, fitness, merchantability, or use of a 16 food item product . 17 b. Supersede, revise, or replace a state or federal labeling 18 requirement, including but not limited to a provision in the 19 federal Fair Packaging and Labeling Act, 15 U.S.C. §1451 et 20 seq. 21 c. Indicate the grade, specification, standard, or value of 22 any food item agricultural commodity, component, or product . 23 Sec. ___. Section 159.31, subsections 1, 2, and 3, Code 24 2024, are amended to read as follows: 25 1. A choose Iowa fund is established created in the state 26 treasury under the management and control of the department. 27 2. The fund shall include moneys collected as fees by 28 the department as provided in section 159.30 187.303 , moneys 29 appropriated by the general assembly, and other moneys 30 available to and obtained or accepted by the department, 31 including moneys from public or private sources. 32 3. Moneys in the fund are appropriated to the department 33 and shall be used exclusively to carry out the provisions of 34 this part administer the programs created in this subchapter 35 -2- HF 2641.4084 (3) 90 da/ns 2/ 8
as determined and directed by the department, and shall not 1 require further special authorization by the general assembly. 2 Sec. ___. Section 159.31A, Code 2024, is amended to read as 3 follows: 4 159.31A Dairy innovation fund and revitalization program. 5 1. As used in this section unless the context otherwise 6 requires: 7 a. “Financial assistance” means assistance provided only 8 from the moneys and assets legally available to the department 9 pursuant to this section and includes assistance in the form of 10 grants, low-interest loans, and forgivable loans. 11 b. “Fund” means the dairy innovation fund. 12 c. “Located in” means the place or places at which 13 a business’s operations are located and where at least 14 ninety-eight percent of the business’s employees work, or where 15 employees that are paid at least ninety-eight percent of the 16 business’s payroll work. 17 d. “Program” means the dairy innovation program. 18 2. a. The fund is created in the state treasury under 19 the control of the department and consists of any moneys 20 appropriated to the fund by the general assembly and any other 21 moneys available to or obtained or accepted by the department 22 for placement in the fund. Moneys in the fund are appropriated 23 to the department to award financial assistance as provided 24 under the program. The department shall use any moneys 25 specifically appropriated for purposes of this section only for 26 the purposes of the program. 27 b. Notwithstanding section 8.33 , moneys in the fund 28 that remain unencumbered or unobligated at the close of the 29 fiscal year shall not revert but shall remain available for 30 expenditure for the purposes designated until the close of the 31 succeeding fiscal year. 32 1. A dairy innovation and revitalization program is created 33 within the department. The purpose of the program is to 34 promote the development, modernization, and expansion of this 35 -3- HF 2641.4084 (3) 90 da/ns 3/ 8
state’s dairy industry. 1 3. 2. The In administering the program, the department 2 shall establish and administer the program for the purpose of 3 awarding award financial assistance to eligible businesses 4 engaged in to support projects that do one or more of the 5 following: 6 a. Expand or refurbish existing milk plants or establish a 7 new milk plant, operating pursuant to a permit issued pursuant 8 to section 192.111 or 194.3A . 9 b. Expand or refurbish existing mobile dairy processing 10 units, or establish new mobile dairy processing units. 11 c. Rent buildings, refrigeration facilities, or freezer 12 facilities, or equipment necessary to expand dairy processing 13 capacity, including mobile dairy or refrigeration units used 14 exclusively for dairy processing. 15 d. Incorporate methods and technologies that reduce farm 16 labor associated with milk production and storage, including 17 but not limited to the use of robotics and processes or systems 18 that operate using computerized equipment or machinery. 19 4. 3. The department shall establish eligibility criteria 20 for the program by rule . The eligibility criteria must include 21 all of the following: 22 a. The business must be located in this state. 23 b. The business must not have been subject to any regulatory 24 enforcement action related to federal, state, or local 25 environmental, worker safety, food processing, or food safety 26 laws, rules, or regulations within the last five years. 27 c. The business must only employ individuals legally 28 authorized to work in this state. 29 d. The business must not currently be in bankruptcy. 30 e. The business must employ less than fifty individuals. 31 5. 4. A An eligible business seeking financial assistance 32 under this section shall make application to the department in 33 the manner and on forms prescribed by the department by rule . 34 6. 5. Applications for financial assistance under this 35 -4- HF 2641.4084 (3) 90 da/ns 4/ 8
section shall be accepted during one or more annual application 1 periods to be determined established by the department by 2 rule . Upon reviewing and scoring all applications that are 3 received during an application period, and subject to funding 4 the availability of moneys , the department may award financial 5 assistance to eligible businesses. A financial assistance 6 award shall not exceed the amount of eligible project costs 7 included in the eligible business’s application. Priority 8 shall be given to eligible businesses whose proposed project 9 or projects under subsection 3 will 2 are most likely to do any 10 one or more of the following: 11 a. Create new jobs. 12 b. Create or expand opportunities for local small-scale milk 13 producers to market pasteurized milk and milk products under 14 private labels. 15 c. Provide greater flexibility or convenience for local 16 small-scale farmers to have milk processed. 17 d. Reduce labor associated with the on-farm production and 18 storage of milk. 19 7. 6. A An eligible business that is awarded financial 20 assistance under this section may apply for financial 21 assistance under other programs administered by the authority 22 department . 23 8. The department shall adopt rules pursuant to chapter 17A 24 to administer this section . 25 Sec. ___. NEW SECTION . 187.101 Short title. 26 This chapter shall be known and may be cited as the “Choose 27 Iowa Act” . 28 Sec. ___. NEW SECTION . 187.102 Definitions. 29 As used in this chapter, unless the context otherwise 30 requires: 31 1. “Agricultural commodity” means an animal or plant, or raw 32 material originating from an animal or plant. 33 2. “Component” means an agricultural commodity that is 34 combined to form a product during processing. 35 -5- HF 2641.4084 (3) 90 da/ns 5/ 8
3. “Department” means the department of agriculture and land 1 stewardship. 2 4. “Farm” means land and associated structures used to 3 produce an agricultural commodity. 4 5. a. “Financial assistance” means support provided by the 5 department to an eligible business under this chapter from 6 moneys or other assets legally available to the department. 7 b. “Financial assistance” includes any form of grant, 8 low-interest loan, or forgivable loan. 9 6. “Food item” means an agricultural commodity, or an item 10 processed from an agricultural commodity, that is fit for human 11 consumption. 12 7. “Fund” means the choose Iowa fund created in section 13 187.201. 14 8. “Horticulture item” means any of the following: 15 a. A nursery, floral, or greenhouse plant. 16 b. A product processed from a nursery, floral, or greenhouse 17 plant, including a seed, rooting, cutting, tissue culture, 18 seedling, or other propagation material. 19 9. “Located in” means the place or places at which 20 a business’s operations are located and where at least 21 ninety-eight percent of the business’s employees work, or where 22 employees that are paid at least ninety-eight percent of the 23 business’s payroll work. 24 10. “Natural fiber item” means fiber originating from 25 an agricultural commodity for use in processing, including 26 manufacturing into a textile, apparel, or other similar 27 product. 28 11. “Process” means to prepare a product that includes an 29 agricultural commodity alone or as a component. 30 12. a. “Product” means an agricultural commodity that 31 in its raw or processed state is moveable at the time of its 32 retail sale. 33 b. “Product” includes but is not limited to a food item, 34 horticulture item, or natural fiber item. 35 -6- HF 2641.4084 (3) 90 da/ns 6/ 8
Sec. ___. NEW SECTION . 187.103 Administration. 1 The department shall adopt all rules under chapter 17A as it 2 determines necessary or desirable to administer this chapter. 3 Sec. ___. NEW SECTION . 187.321 Value-added agricultural 4 grant program. 5 A value-added agricultural grant program is created within 6 the department. The purpose of the program is to identify, 7 evaluate, and support projects and services that add value to 8 agricultural commodities produced on Iowa farms, including by 9 supporting new technologies and marketing strategies. 10 Sec. ___. REPEAL. Sections 159.26 and 159.27, Code 2024, 11 are repealed. 12 Sec. ___. TRANSFER OF MONEYS. 13 1. Not later than June 30, 2024, the balance of the dairy 14 innovation fund created in section 159.31A shall be transferred 15 to the choose Iowa fund created in section 159.31. 16 2. Not later than June 30, 2024, any moneys appropriated 17 to the department of agriculture and land stewardship that the 18 department has not expended as required to support a value 19 added agriculture grant program shall be transferred to the 20 choose Iowa fund, including moneys appropriated in 2022 Iowa 21 Acts, chapter 1147, section 12, and 2023 Iowa Acts, chapter 22 109, section 4, subsection 9. 23 Sec. ___. CODE EDITOR DIRECTIVE. 24 1. The Code editor is directed to make the following 25 transfers: 26 a. Section 159.28 to 187.301. 27 b. Section 159.29 to 187.302. 28 c. Section 159.30 to 187.303. 29 d. Section 159.31 to 187.201. 30 e. Section 159.31A to 187.311. 31 2. The Code editor shall correct internal references in the 32 Code and in any enacted legislation as necessary due to the 33 enactment of this section. 34 Sec. ___. DIRECTIONS TO CODE EDITOR —— SUBCHAPTERS AND 35 -7- HF 2641.4084 (3) 90 da/ns 7/ 8
PARTS. The Code editor is directed to divide the provisions 1 of chapter 187, as amended, enacted, or transferred in this 2 division of this Act, into subchapters and parts as follows: 3 1. Subchapter I, including sections 187.101 through 4 187.103. 5 2. Subchapter II, including section 187.201. 6 3. Subchapter III, as follows: 7 a. Part 1, including sections 187.301 through 187.303. 8 b. Part 2, including section 187.311. 9 c. Part 3, including section 187.321. 10 Sec. ___. EFFECTIVE DATE. 11 1. Except as provided in subsection 2, this division of this 12 Act takes effect July 1, 2024. 13 2. The following section of this division of this Act, being 14 deemed of immediate importance, takes effect upon enactment: 15 The section that provides for the transfer of moneys to the 16 choose Iowa fund. > 17 2. By renumbering as necessary. 18 ______________________________ SEXTON of Calhoun -8- HF 2641.4084 (3) 90 da/ns 8/ 8 #2.