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
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90
da/ns
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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
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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
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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
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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
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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
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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
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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.