Senate File 2391 S-5023 Amend Senate File 2391 as follows: 1 1. By striking everything after the enacting clause and 2 inserting: 3 < Section 1. NEW SECTION . 135.16C Federal nutrition 4 programs —— cultivated-protein food products. 5 1. As used in this section, unless the context otherwise 6 requires: 7 a. “Cultivated-protein food product” means the same as 8 defined in section 137E.1. 9 b. “Federal nutrition program” or “program” means any of the 10 following: 11 (1) The special supplemental nutrition program for women, 12 infants, and children as provided in 42 U.S.C. §1786 et seq. 13 (2) The supplemental nutrition assistance program as 14 provided in 7 U.S.C. ch. 51. 15 2. If the United States department of agriculture approves 16 cultivated-protein food products for purchase under a federal 17 nutrition program, the department of health and human services 18 shall submit a request to the United States department of 19 agriculture for a waiver or other exception that excludes 20 cultivated-protein food products from program eligibility in 21 this state. 22 Sec. 2. NEW SECTION . 137E.1 Definitions. 23 As used in this chapter, unless the context otherwise 24 requires: 25 1. “Agricultural food animal” means a domesticated animal 26 belonging to the bovine, caprine, ovine, or porcine species; or 27 live domestic fowl limited to chickens or turkeys. 28 2. “Cultivated-protein food product” means a food product 29 having one or more sensory attributes that resemble a type 30 of tissue originating from an agricultural food animal but 31 that, in lieu of being derived from meat processing, is derived 32 from manufacturing cells, in which one or more stem cells are 33 initially isolated from an agricultural food animal, are grown 34 in vitro, and may be manipulated, as part of a manufacturing 35 -1- SF 2391.3266 (1) 90 da/ns 1/ 8 #1.

operation. 1 3. “Department” means the department of inspections, 2 appeals, and licensing. 3 4. “Food processing plant” means the same as defined in 4 section 137F.1. 5 5. “Food product” means a perishable or nonperishable item 6 stored in a container or package, if the item is fit for human 7 consumption. 8 6. a. “Identifying meat term” means any word or phrase 9 that states, indicates, suggests, or describes a meat product, 10 regardless of whether the word or phrase is used individually, 11 as a portmanteau, or as a compound word. 12 b. “Identifying meat term” includes but is not limited to 13 any of the following: 14 (1) (a) A common name for the species of the agricultural 15 food animal subject to slaughter and processing, including a 16 calf or cow, chicken, goat or kid, hog or pig, poultry, lamb or 17 sheep, or turkey. 18 (b) A common name for a characteristic of a species of the 19 agricultural food animal subject to slaughter and processing 20 based on age, breed, or sex. 21 (2) (a) Meat. 22 (b) Beef or veal; broiler, fryer, poulet, or yearling; 23 cabrito or chevon; lamb or mutton; or pork. 24 (c) A common name used to describe a major cut of a meat 25 of an agricultural food animal slaughtered and processed, 26 including a major meat cut specified in 9 C.F.R. §317.344; 27 a poultry product such as breast, drumstick, giblet, thigh, 28 or wing; or the common name of an organ or offal, including 29 gizzard, heart, liver, kidney, or tongue. 30 (d) Any other common name that a reasonable purchaser would 31 immediately and exclusively associate with a meat product 32 prepared for sale in normal commercial channels such as bacon, 33 baloney, bologna, bone, brat or bratwurst, brisket, burger 34 or hamburger, butt, chop, chuck, cold cut, cutlet, filet, 35 -2- SF 2391.3266 (1) 90 da/ns 2/ 8

flat iron, frank or frankfurter, ham, hock, hot dog, jerky, 1 liverwurst, loin, London broil, lunch meat, New York strip, 2 pepperoni, porterhouse, ribeye, roast, rib or sparerib, salami, 3 sausage, shank, sirloin, tenderloin, or a comparable word or 4 phrase as approved by the department. 5 7. “Insect-protein food product” means a food product having 6 one or more sensory attributes that resemble a type of tissue 7 originating from an agricultural food animal but that, in 8 lieu of being derived from meat processing, is derived from 9 manufacturing insect parts. 10 8. “Label” means a display of written, printed, or graphic 11 matter placed upon any container storing a food product that 12 is offered for sale or sold on a wholesale or retail basis, 13 regardless of whether the label is printed on the container’s 14 packaging or a sticker affixed to the container. 15 9. “Manufactured-protein food product” means a 16 cultivated-protein food product, insect-protein food product, 17 or plant-protein food product. 18 10. “Meat processing” means the handling, preparation, and 19 slaughter of an agricultural food animal; the dressing of its 20 carcass; or the cutting, storage, and packaging of its tissue 21 or other parts as a food product. 22 11. “Meat product” means a food product derived from meat 23 processing. 24 12. “Plant-protein food product” means a food product having 25 one or more sensory attributes that resemble a type of tissue 26 found in a species of agricultural food animal but that, in 27 lieu of being derived from meat processing, is derived from 28 manufacturing plant parts. 29 13. a. “Qualifying term” means a word, compound word, or 30 phrase that would clearly disclose to a reasonable purchaser of 31 meat products from a food processing plant that a food product 32 is not a meat product. 33 b. “Qualifying term” includes but is not limited to 34 cell-cultivated, cell-cultured, fake, grown in a lab, 35 -3- SF 2391.3266 (1) 90 da/ns 3/ 8

imitation, insect, insect-based, insect-protein, lab-created, 1 lab-grown, meat free, meatless, plant, plant-based, vegan, 2 vegetable, vegetarian, veggie, or a comparable word or phrase 3 as approved by the department. 4 14. “Regulatory authority” means the same as defined in 5 section 137F.1. 6 Sec. 3. NEW SECTION . 137E.2 Administration. 7 1. In conducting a routine inspection of the premises of a 8 food processing plant licensed under chapter 137F, a regulatory 9 authority is not required to determine if any food product 10 located on the premises is misbranded as a meat product as 11 provided in section 137E.3. 12 2. A regulatory authority shall inspect an inventory of 13 food products offered for sale or sold at a food processing 14 plant based on a credible complaint that the food products are 15 misbranded as meat products as provided in section 137E.3. 16 3. A regulatory authority shall have the same powers to 17 inspect a food processing plant under this chapter as it does 18 under chapter 137F. 19 4. The department shall adopt rules pursuant to chapter 17A 20 that are necessary or desirable to administer and enforce this 21 chapter. 22 Sec. 4. NEW SECTION . 137E.3 Misbranded food product. 23 A food product is misbranded as a meat product if all of the 24 following apply: 25 1. The food product is a manufactured-protein food product 26 or the food product contains a manufactured-protein food 27 product. 28 2. The food product is offered for sale or sold by a food 29 processing plant. 30 3. a. A label that is part of or placed on the package 31 or other container storing the food product includes an 32 identifying meat term. 33 b. Paragraph “a” does not apply if the label contains a 34 conspicuous and prominent qualifying term in close proximity to 35 -4- SF 2391.3266 (1) 90 da/ns 4/ 8

an identifying meat term. 1 Sec. 5. NEW SECTION . 137E.4 Prohibition —— sale. 2 A food processing plant shall not offer for sale or sell a 3 food product that is misbranded as a meat product as provided 4 in section 137E.3. 5 Sec. 6. NEW SECTION . 137E.5 Enforcement —— stop order. 6 1. If a regulatory authority has reasonable cause to believe 7 that a food processing plant is offering for sale or selling a 8 food product that is misbranded as a meat product in violation 9 of section 137E.4, the regulatory authority may issue a stop 10 order. Upon being issued the stop order, the food processing 11 plant shall not offer for sale or sell the food product until 12 the regulatory authority determines that the food product is or 13 is not misbranded as a meat product. 14 2. The regulatory authority may require that the food 15 product be held by the food processing plant and be secured 16 from purchase. 17 3. If a regulatory authority determines that the food 18 product being offered for sale or sold by a food processing 19 plant is misbranded as a meat product, the regulatory authority 20 may issue an embargo order requiring the food processing plant 21 to dispose of the misbranded meat product other than by sale to 22 purchasers in this state. 23 4. The department, the attorney general, or the county 24 attorney in the county where the food product is being offered 25 for sale or sold may enforce the stop order or embargo order by 26 petitioning the district court of that county. 27 Sec. 7. NEW SECTION . 137E.6 Violation —— misbranding —— 28 civil penalty. 29 1. A food processing plant shall not misbrand a food product 30 as a meat product as provided in section 137E.3 as determined 31 by the department. 32 2. A food processing plant violating subsection 1 is subject 33 to a civil penalty of not more than five hundred dollars, not 34 to exceed ten thousand dollars total for violations arising 35 -5- SF 2391.3266 (1) 90 da/ns 5/ 8

out of the same transaction or occurrence. Each day that a 1 violation continues constitutes a separate offense. 2 3. The department shall impose the civil penalty provided 3 in subsection 2. A food processing plant may contest the 4 imposition of the civil penalty by initiating a contested case 5 proceeding pursuant to chapter 17A. 6 4. Civil penalties collected under this section shall be 7 deposited in the general fund of the state. 8 Sec. 8. Section 137F.3A, subsection 1, paragraph a, 9 unnumbered paragraph 1, Code 2024, is amended to read as 10 follows: 11 The department may employ additional full-time equivalent 12 positions to enforce the provisions of this chapter and 13 chapters 137C , and 137D , and 137E with the approval of the 14 department of management, if either of the following apply: 15 Sec. 9. Section 137F.3A, subsection 1, paragraph b, Code 16 2024, is amended to read as follows: 17 b. Before approval may be given, the director of the 18 department of management must have determined that the expenses 19 exceed the funds budgeted by the general assembly for food 20 inspections to the department. The department may hire no more 21 than one full-time equivalent position for each six hundred 22 inspections required pursuant to this chapter and chapters 23 137C , and 137D , and 137E . 24 Sec. 10. Section 137F.4, Code 2024, is amended to read as 25 follows: 26 137F.4 License required. 27 1. A person shall not operate a food establishment or food 28 processing plant to provide goods or services to the general 29 public, or open a food establishment to the general public, 30 until the appropriate license has been obtained from the 31 regulatory authority. Sale of products at wholesale to outlets 32 not owned by a commissary owner requires a food processing 33 plant license. A license shall expire one year from the date 34 of issue. A license is renewable if application for renewal is 35 -6- SF 2391.3266 (1) 90 da/ns 6/ 8

made prior to expiration of the license or within sixty days 1 of the expiration date of the license. All licenses issued 2 under this chapter that are not renewed by the licensee on or 3 before the expiration date shall be subject to a penalty of ten 4 percent per month of the license fee if the license is renewed 5 at a later date. 6 2. A regulatory authority shall not suspend or revoke a 7 license issued to a food processing plant under this chapter 8 for offering for sale or selling a food product that is 9 misbranded as a meat product in violation of section 137E.4. 10 3. A license issued to a food processing plant under this 11 section also covers the operation of a food processing plant 12 under chapter 137E. 13 Sec. 11. NEW SECTION . 260C.10 Purchases —— meat products. 14 The board of directors providing services to a merged area, 15 and the board of directors of a community college, shall 16 establish policies to prevent the purchase of a food product 17 that is any of the following: 18 1. Misbranded as a meat product as prohibited in chapter 19 137E. 20 2. A cultivated-protein food product as defined in section 21 137E.1. 22 Sec. 12. NEW SECTION . 262.25D Purchases —— meat products. 23 The state board of regents, and institutions under the 24 control of the board, shall establish policies to prevent the 25 purchase of a food product that is any of the following: 26 1. Misbranded as a meat product as prohibited in chapter 27 137E. 28 2. A cultivated-protein food product as defined in section 29 137E.1. 30 Sec. 13. NEW SECTION . 283A.12 Purchases —— meat products. 31 The department of education, and school boards, shall 32 establish policies to prevent the purchase of a food product 33 that is any of the following: 34 1. Misbranded as a meat product as prohibited in chapter 35 -7- SF 2391.3266 (1) 90 da/ns 7/ 8