House Amendment to Senate File 2391 S-5120 Amend Senate File 2391, as amended, passed, and reprinted by 1 the Senate, as follows: 2 1. Page 1, before line 1 by inserting: 3 < DIVISION I 4 MEAT PRODUCTS —— M1SCELLANEOUS > 5 2. Page 4, line 23, after < 1. > by inserting < a. > 6 3. Page 4, line 23, by striking < The > and inserting < Except 7 as provided in paragraph “b” , the > 8 4. Page 4, after line 25 by inserting: 9 < b. The food product is not misbranded as a meat product 10 only because it contains a trace amount of one or more 11 plant-protein food products as determined by the department. > 12 5. Page 6, line 11, after < chapters > by inserting < 137A, > 13 6. Page 6, line 20, after < chapters > by inserting < 137A, > 14 7. Page 7, after line 35 by inserting: 15 < DIVISION ___ 16 EGG PRODUCTS 17 PART A 18 MISBRANDING OF EGG PRODUCTS 19 Sec. ___. NEW SECTION . 137A.1 Definitions. 20 As used in this chapter, unless the context otherwise 21 requires: 22 1. “Department” means the department of inspections, 23 appeals, and licensing. 24 2. a. “Egg” means a food product that is the reproductive 25 output of an agricultural food animal classified as a chicken. 26 b. “Egg” includes albumen and yolk encased in a 27 calcium-based shell. 28 3. “Egg processing” means the processing of eggs that may 29 include any of the following: 30 a. The handling, preparation, and packaging of whole shelled 31 or unshelled eggs. 32 b. The handling, preparation, heating, and packaging of 33 whole shelled or unshelled eggs. 34 c. The breaking of eggs and the separation of eggs; 35 -1- SF 2391.4033.H (1) 90 md 1/ 6 #1. #2. #3. #4. #5. #6. #7.

pasteurization; filtering, mixing, stabilizing, or blending 1 parts of the egg; any cooling, freezing, or drying of parts of 2 the egg; storage; and packaging. 3 4. “Egg product” means a food product derived from 4 egg processing in which eggs or egg parts are the primary 5 ingredient. 6 5. “Fabricated-egg product” means a food product, if it has 7 one or more sensory attributes that resemble an egg product 8 but that, in lieu of being the output of a chicken commonly 9 referred to as a laying hen, is derived from manufactured 10 plants or other organic materials. 11 6. a. “Identifying egg term” means any word or phrase 12 that states, indicates, suggests, or describes an egg product, 13 regardless of whether the word or phrase is used individually, 14 as a portmanteau, or as a compound word. 15 b. “Identifying egg term” includes but is not limited to any 16 of the following: 17 (1) (a) A common name for a type of a chicken, including 18 laying hen, hen, or layer, cage-free, poultry, or fowl. 19 (b) A common name for a characteristic of a chicken based 20 on age, breed, or sex. 21 (2) Any part of the egg, including its egg, eggshell, egg 22 white, or yolk. 23 (3) (a) A common name that a reasonable purchaser would 24 immediately and exclusively associate with an egg product 25 prepared for sale in normal commercial channels such as 26 custard, eggnog, frittata, huevos rancheros, omelette, 27 mayonnaise, meringue, sunny side up, over easy, over hard, 28 scrambled, or quiche. 29 (b) A comparable word or phrase as approved by the 30 department. 31 7. “Label” means a display of written, printed, or graphic 32 matter placed upon any container storing a food product that 33 is offered for sale or sold on a wholesale or retail basis, 34 regardless of whether the label is printed on the container’s 35 -2- SF 2391.4033.H (1) 90 md 2/ 6

packaging or a sticker affixed to the container. 1 8. a. “Qualifying term” means a word, compound word, or 2 phrase that would clearly disclose to a reasonable purchaser of 3 egg products from a food processing plant that a food product 4 is not an egg product. 5 b. “Qualifying term” includes but is not limited to fake, 6 imitation, egg-free, plant, plant-based, vegan, vegetable, 7 vegetarian, veggie, or a comparable word or phrase as approved 8 by the department. 9 9. “Regulatory authority” means the same as defined in 10 section 137F.1. 11 Sec. ___. NEW SECTION . 137A.2 Administration. 12 1. In conducting a routine inspection of the premises of a 13 food processing plant licensed under chapter 137F, a regulatory 14 authority is not required to determine if any food product 15 located on the premises is misbranded as an egg product as 16 provided in section 137A.3. 17 2. A regulatory authority shall inspect an inventory of 18 food products offered for sale or sold at a food processing 19 plant based on a credible complaint that the food products are 20 misbranded as egg products as provided in section 137A.3. 21 3. A regulatory authority shall have the same powers to 22 inspect a food processing plant under this chapter as it does 23 under chapter 137F. 24 4. The department shall adopt rules pursuant to chapter 17A 25 that are necessary or desirable to administer and enforce this 26 chapter. 27 Sec. ___. NEW SECTION . 137A.3 Misbranded food product. 28 A food product is misbranded as an egg product if all of the 29 following apply: 30 1. The food product is a fabricated-egg product or the food 31 product contains a fabricated-egg product. 32 2. The food product is offered for sale or sold by a food 33 processing plant. 34 3. a. A label that is part of or placed on the package 35 -3- SF 2391.4033.H (1) 90 md 3/ 6

or other container storing the food product includes an 1 identifying egg term. 2 b. Paragraph “a” does not apply if the label contains a 3 conspicuous and prominent qualifying term in close proximity to 4 an identifying egg term. 5 Sec. ___. NEW SECTION . 137A.4 Prohibition —— sale. 6 A food processing plant shall not offer for sale or sell a 7 food product that is misbranded as an egg product as provided 8 in section 137A.3. 9 Sec. ___. NEW SECTION . 137A.5 Enforcement —— stop order. 10 1. If a regulatory authority has reasonable cause to believe 11 that a food processing plant is offering for sale or selling a 12 food product that is misbranded as an egg product in violation 13 of section 137A.4, the regulatory authority may issue a stop 14 order. Upon being issued the stop order, the food processing 15 plant shall not offer for sale or sell the food product until 16 the regulatory authority determines that the food product is or 17 is not misbranded as an egg product. 18 2. The regulatory authority may require that the food 19 product be held by the food processing plant and be secured 20 from purchase. 21 3. If a regulatory authority determines that the food 22 product being offered for sale or sold by a food processing 23 plant is misbranded as an egg product, the regulatory authority 24 may issue an embargo order requiring the food processing plant 25 to dispose of the misbranded egg product other than by sale to 26 purchasers in this state. 27 4. The department, the attorney general, or the county 28 attorney in the county where the food product is being offered 29 for sale or sold may enforce the stop order or embargo order by 30 petitioning the district court of that county. 31 Sec. ___. NEW SECTION . 137A.6 Violation —— misbranding —— 32 civil penalty. 33 1. A food processing plant shall not misbrand a food product 34 as an egg product as provided in section 137A.3 as determined 35 -4- SF 2391.4033.H (1) 90 md 4/ 6

by the department. 1 2. A food processing plant violating subsection 1 is subject 2 to a civil penalty of not more than five hundred dollars, not 3 to exceed ten thousand dollars total for violations arising 4 out of the same transaction or occurrence. Each day that a 5 violation continues constitutes a separate offense. 6 3. The department shall impose the civil penalty provided 7 in subsection 2. A food processing plant may contest the 8 imposition of the civil penalty by initiating a contested case 9 proceeding pursuant to chapter 17A. 10 4. Civil penalties collected under this section shall be 11 deposited in the general fund of the state. 12 Sec. ___. NEW SECTION . 137F.4A Egg products. 13 1. A regulatory authority shall not suspend or revoke a 14 license issued to a food processing plant under this chapter 15 for offering for sale or selling a food product that is 16 misbranded as an egg product in violation of section 137A.4. 17 2. A license issued to a food processing plant under section 18 137F.4 also covers the operation of a food processing plant 19 under chapter 137A. 20 PART B 21 FEDERAL PROGRAM PURCHASING RESTRICTIONS 22 Sec. ___. NEW SECTION . 135.16D Federal nutrition programs 23 —— fabricated-egg products. 24 1. As used in this section, unless the context otherwise 25 requires: 26 a. “Fabricated-egg product” means the same as defined in 27 section 137A.1. 28 b. “Federal nutrition program” or “program” means any of the 29 following: 30 (1) The special supplemental nutrition program for women, 31 infants, and children as provided in 42 U.S.C. §1786 et seq. 32 (2) The supplemental nutrition assistance program as 33 provided in 7 U.S.C. ch. 51. 34 2. If the United States department of agriculture approves 35 -5- SF 2391.4033.H (1) 90 md 5/ 6

fabricated-egg products for purchase under a federal nutrition 1 program, the department of health and human services shall 2 submit a request to the United States department of agriculture 3 for a waiver or other exception that excludes fabricated-egg 4 products from program eligibility in this state. 5 PART C 6 STATE PURCHASING RESTRICTIONS 7 Sec. ___. NEW SECTION . 260C.10A Purchases —— egg products. 8 The board of directors providing services to a merged area, 9 and the board of directors of a community college, shall 10 establish policies to prevent the purchase of a food product 11 that is misbranded as an egg product as prohibited in chapter 12 137A. 13 Sec. ___. NEW SECTION . 262.25E Purchases —— egg products. 14 The state board of regents, and institutions under the 15 control of the board, shall establish policies to prevent the 16 purchase of a food product that is misbranded as an egg product 17 as prohibited in chapter 137A. 18 Sec. ___. NEW SECTION . 283A.13 Purchases —— egg products. 19 The department of education, and school boards, shall 20 establish policies to prevent the purchase of a food product 21 that is misbranded as an egg product as prohibited in chapter 22 137A. > 23 8. By renumbering as necessary. 24 -6- SF 2391.4033.H (1) 90 md 6/ 6