House File 2439 - Introduced
HOUSE FILE
BY WHITAKER, FREVERT,
and KUHN
(COMPANION TO LSB 5773SS
BY BOLKCOM)
Passed House, Date Passed Senate, Date
Vote: Ayes Nays Vote: Ayes Nays
Approved
A BILL FOR
1 An Act relating to organic food by providing for the
2 establishment of a center, a council, and a fund.
3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
4 TLSB 5773HH 81
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PAG LIN
1 1 Section 1. NEW SECTION. 175B.1 DEFINITIONS.
1 2 As used in this chapter, unless the context otherwise
1 3 requires:
1 4 1. "Agricultural product" means any agricultural commodity
1 5 or product, whether raw or processed, including any commodity
1 6 or finished product derived from a plant or animal having
1 7 commercial value, including but not limited to the following:
1 8 a. For plants, stalks, trunks and branches, cuttings,
1 9 grafts, scions, leaves, buds, fruit, vegetables, roots, bulbs,
1 10 or seeds.
1 11 b. For animals, muscle tissue, organs, fat, blood, manure,
1 12 bones, milk, wool, hide, pelt, feathers, eggs, semen, embryos,
1 13 or honey.
1 14 2. "Center" means the Iowa organics center created
1 15 pursuant to section 175B.3.
1 16 3. "Coordinator" means the administrative head of the Iowa
1 17 organics center as provided in section 175B.3.
1 18 4. "Council" means the Iowa organics council established
1 19 pursuant to section 175B.4.
1 20 5. "Department" means the department of agriculture and
1 21 land stewardship.
1 22 6. "Fund" means the Iowa organics fund established
1 23 pursuant to section 175B.5.
1 24 7. "Identity=preserved agricultural product" means an
1 25 agricultural product that may be traced from production
1 26 through handling, processing, and marketing channels to the
1 27 retailer in order to ensure that a specific process or
1 28 characteristic, including but not limited to a genetic trait,
1 29 associated with the agricultural product has been followed or
1 30 is delivered to the final consumer.
1 31 8. "Iowa foods" means identity=preserved agricultural
1 32 products or organic agricultural products that are produced in
1 33 this state and intended for or marketed as foods or which are
1 34 produced in this state and processed into products that are
1 35 intended for or marketed as foods.
2 1 9. "Organic agricultural product" means an agricultural
2 2 product that is certified or otherwise qualifies as organic in
2 3 accordance with the provisions of chapter 190C.
2 4 10. "Secretary" means the secretary of agriculture.
2 5 Sec. 2. NEW SECTION. 175B.2 IOWA FOODS POLICY.
2 6 The state declares an Iowa foods policy, which is to
2 7 promote the production, handling, processing, and marketing of
2 8 Iowa foods in a manner that does all of the following:
2 9 1. Provides for sound soil conservation and sustainable
2 10 agricultural practices, enhances the quality of the
2 11 environment, promotes the development of local and statewide
2 12 food systems, expands domestic and foreign markets,
2 13 revitalizes rural communities, and furnishes consumers with
2 14 widely available wholesome food.
2 15 2. Ensures that the majority of the wealth created by Iowa
2 16 agricultural producers is retained in this state, and that
2 17 employment for industries associated with the handling,
2 18 processing, and marketing of Iowa's identity=preserved
2 19 agricultural products and organic agricultural products in
2 20 this state.
2 21 Sec. 3. NEW SECTION. 175B.3 IOWA ORGANICS CENTER ==
2 22 ESTABLISHMENT AND DUTIES.
2 23 An Iowa organics center is established in the department.
2 24 The center is headed by a coordinator who shall be appointed
2 25 by the secretary.
2 26 1. The center shall carry out the Iowa foods policy
2 27 provided in section 175B.2 by developing and implementing a
2 28 comprehensive strategy which shall include at least all of the
2 29 following:
2 30 a. Monitoring the production, handling, processing, and
2 31 marketing of identity=preserved agricultural products and
2 32 organic agricultural products in this state, and periodically
2 33 advising the secretary regarding the center's findings and
2 34 recommendations or proposals regarding such matters.
2 35 b. Serving as an information clearinghouse to assist
3 1 agricultural producers interested in producing identity=
3 2 preserved agricultural products and organic agricultural
3 3 products. The center shall serve as a referral agency to
3 4 assist agricultural producers in obtaining assistance from
3 5 private persons and state and federal agencies, including the
3 6 organic advisory council, the Iowa cooperative extension
3 7 service in agriculture and home economics at Iowa state
3 8 university, and the department of economic development. The
3 9 center shall establish programs to ensure that interested
3 10 agricultural producers may achieve a practicable transition to
3 11 producing and marketing identity=preserved agricultural
3 12 products and organic agricultural products.
3 13 c. Initiating or supporting programs or projects which
3 14 establish, improve, or expand private and public efforts to
3 15 develop markets for identity=preserved agricultural products
3 16 and organic agricultural products. The center shall assist
3 17 persons in developing infrastructure for the production,
3 18 handling, processing, and marketing of identity=preserved
3 19 agricultural products and organic agricultural products,
3 20 including local distribution systems such as grocery stores,
3 21 restaurants, and farmers markets, and direct producer=to=
3 22 consumer sales by production contract and internet sales.
3 23 d. Providing for educational and promotional campaigns,
3 24 including sponsoring events or publishing electronic or
3 25 printed materials which increase the public's awareness of
3 26 identity=preserved agricultural products and organic
3 27 agricultural products and their connection to Iowa farm
3 28 families. The center may design labels or placards which
3 29 identify foods as identity=preserved agricultural products or
3 30 organic agricultural products.
3 31 e. Assisting state and local governments when considering
3 32 legislative or administrative measures which may have an
3 33 impact upon the production, handling, processing, or marketing
3 34 of identity=preserved agricultural products or organic
3 35 agricultural products. The center shall cooperate with state
4 1 and local governments to ensure that when purchasing foods,
4 2 consideration is provided to identity=preserved agricultural
4 3 products and organic agricultural products whenever the price
4 4 and quality are reasonably competitive.
4 5 2. The center and state and local agencies, including the
4 6 department of administrative services, the department of
4 7 corrections, the department of economic development, the state
4 8 department of transportation, the department of natural
4 9 resources, the state board of regents institutions, and the
4 10 state board for community colleges, shall cooperate to carry
4 11 out the mission of the center.
4 12 3. The center shall prepare a report as follows:
4 13 a. The report shall describe the status of the state's
4 14 efforts under this chapter to accomplish the Iowa foods policy
4 15 set forth in section 175B.2, and the center's performance
4 16 goals and activities, including programs and projects designed
4 17 to achieve those goals, as provided in its comprehensive
4 18 strategy.
4 19 b. The report shall be incorporated into the department's
4 20 annual performance plan and agency strategic plan as provided
4 21 in chapter 8E, subchapter II. The report shall be delivered
4 22 to the secretary and the legislative services agency not later
4 23 than February 10 of each year.
4 24 Sec. 4. NEW SECTION. 175B.4 IOWA ORGANICS COUNCIL.
4 25 1. An Iowa organics council is established within the
4 26 department. The council shall provide general oversight of
4 27 the center and its administrative operations. However, the
4 28 council shall not control policy decisions or direct the
4 29 administration of this chapter. The council, in cooperation
4 30 with the coordinator and the organic advisory council as
4 31 provided in section 190C.2, shall do all of the following:
4 32 a. Develop and review the comprehensive strategy necessary
4 33 to carry out the Iowa foods policy as provided in section
4 34 175B.3.
4 35 b. Review the operations of the center, establish
5 1 performance goals for the center, and adopt recommendations
5 2 relating to improving the functions of the center as is
5 3 necessary to further the Iowa foods policy as provided in
5 4 section 175B.2.
5 5 c. Encourage the full support of initiatives of the center
5 6 performed pursuant to its comprehensive strategy as provided
5 7 in section 175B.3.
5 8 2. The council shall be composed of all of the following:
5 9 a. Four members who shall include all of the following:
5 10 (1) The chairperson of the organic advisory council as
5 11 provided in section 190C.2.
5 12 (2) The director of the Leopold center for sustainable
5 13 agriculture as provided in section 266.39.
5 14 (3) A person appointed by the director of the department
5 15 of economic development who shall be familiar with that
5 16 department's agricultural marketing programs and the value=
5 17 added agricultural products and processes financial assistance
5 18 program as provided in section 15E.111.
5 19 (4) A person appointed by the president of Iowa state
5 20 university who is a specialist in organic agricultural
5 21 production and associated with the Iowa cooperative extension
5 22 service in agriculture and home economics.
5 23 b. Nine public members who shall be appointed by the
5 24 secretary. The public members must be presently actively
5 25 engaged or have long been actively engaged in the production,
5 26 handling, processing, or marketing of identity=preserved
5 27 agricultural products and organic agricultural products. The
5 28 membership must include at least one person who has been
5 29 involved in producing identity=preserved agricultural
5 30 products. The membership must include at least four persons
5 31 who have been involved in producing organic agricultural
5 32 products. At least one member must be a member of the Iowa
5 33 food policy council and at least one member must be a member
5 34 of the practical farmers of Iowa.
5 35 (1) The secretary shall appoint the public members based
6 1 on a list of nominations submitted by organizations
6 2 representing areas of expertise in the production, handling,
6 3 processing, and marketing of identity=preserved agricultural
6 4 products and organic agricultural products, as certified by
6 5 the department according to requirements of the department.
6 6 (2) Appointments of the public members are subject to the
6 7 requirements of sections 69.16 and 69.16A. In addition, the
6 8 appointments shall be geographically balanced. Unless the
6 9 secretary determines that it is not feasible, at least one
6 10 member must reside in each of the six geographic regions known
6 11 as state fair board districts as provided in section 173.4A.
6 12 The members shall be confirmed by the senate, pursuant to
6 13 section 2.32.
6 14 (3) The members shall serve five=year terms beginning and
6 15 ending as provided in section 69.19. However, the secretary
6 16 shall appoint initial members to serve for less than five
6 17 years to ensure members serve staggered terms. A member is
6 18 eligible for reappointment. A vacancy on the council shall be
6 19 filled for the unexpired portion of the regular term in the
6 20 same manner as regular appointments are made.
6 21 3. The council shall elect a chairperson from among its
6 22 public members each year on a rotating basis as provided by
6 23 the council. The council shall meet on a regular basis and at
6 24 the call of the chairperson or upon the written request to the
6 25 chairperson of five or more public members.
6 26 4. Members are not entitled to receive compensation but
6 27 public members shall receive reimbursement of expenses from
6 28 the department as provided in section 7E.6.
6 29 5. Seven members constitute a quorum and the affirmative
6 30 vote of a majority of both the nonpublic members and public
6 31 members present is necessary for any substantive action to be
6 32 taken by the council. The majority shall not include any
6 33 member who has a conflict of interest and a statement by a
6 34 member that the member has a conflict of interest is
6 35 conclusive for this purpose. A vacancy in the membership does
7 1 not impair the duties of the council.
7 2 6. The department shall assist the council in carrying out
7 3 the Iowa foods policy as provided in section 175B.2 by doing
7 4 all of the following:
7 5 a. Furnishing facilities, supplies, and clerical
7 6 assistance. The coordinator shall staff the council.
7 7 b. Execute contracts with or award moneys for programs or
7 8 projects as provided in section 175B.3.
7 9 c. Administer the Iowa organics fund as provided in
7 10 section 175B.5.
7 11 Sec. 5. NEW SECTION. 175B.5 IOWA ORGANICS FUND.
7 12 1. An Iowa organics fund is created in the state treasury
7 13 under the control of the department. The fund is composed of
7 14 moneys appropriated by the general assembly and moneys
7 15 available to and obtained or accepted by the department from
7 16 the United States or private sources for placement in the
7 17 fund.
7 18 2. Moneys in the fund are appropriated to the department
7 19 exclusively to assist the center in carrying out its
7 20 comprehensive strategy as provided in section 175B.3.
7 21 3. Section 8.33 shall not apply to moneys in the fund.
7 22 Notwithstanding section 12C.7, moneys earned as income or
7 23 interest from the fund shall remain in the fund until expended
7 24 as provided in this section.
7 25 EXPLANATION
7 26 This bill provides for an Iowa foods policy, which is to
7 27 promote the production, handling, processing, and marketing of
7 28 Iowa's foods which are identity=preserved agricultural
7 29 products or organic agricultural products that are produced in
7 30 this state and intended for or marketed as foods or
7 31 agricultural products processed in this state and intended for
7 32 or marketed as foods.
7 33 The bill establishes an Iowa organics center in the
7 34 department of agriculture and land stewardship. The center is
7 35 headed by a coordinator. The center is responsible for
8 1 carrying out the state policy by implementing a comprehensive
8 2 strategy which must include: (1) monitoring the current
8 3 status of the production, handling, processing, and marketing
8 4 of identity=preserved agricultural products and organic
8 5 agricultural products; (2) serving as an information
8 6 clearinghouse to assist agricultural producers interested in
8 7 producing those products; (3) initiating or supporting
8 8 programs or projects which establish, improve, or expand
8 9 private and public efforts to develop markets for the
8 10 products; (4) providing for educational and promotional
8 11 campaigns designed to increase the public's awareness of the
8 12 products; and (5) assisting state and local governments when
8 13 considering legislative or administrative measures which may
8 14 have an impact upon the production, handling, processing, or
8 15 marketing of the products. The bill requires state and local
8 16 agencies to cooperate with the center in performing its
8 17 duties. The center is required to submit an annual report to
8 18 the secretary and legislative services agency regarding its
8 19 activities and goals.
8 20 The bill also establishes an Iowa organics council. The
8 21 council is to provide general oversight of the center and
8 22 assist the center in developing and carrying out its
8 23 comprehensive strategy. The council is composed of state
8 24 officials who have knowledge regarding identity=preserved
8 25 agricultural products and organic agricultural products, and
8 26 public members appointed by the secretary who are presently
8 27 actively engaged or have long been actively engaged in the
8 28 production, handling, processing, or marketing of identity=
8 29 preserved agricultural products and organic agricultural
8 30 products. The bill provides a number of procedures for the
8 31 appointment, voting, conduct of meetings, and reimbursement of
8 32 members, which is consistent with other statutes establishing
8 33 citizen appointed members of official bodies. The bill
8 34 requires the department to assist the council in performing
8 35 its duties.
9 1 Finally, the bill establishes an Iowa organics fund under
9 2 the control of the department. Moneys in the fund are
9 3 appropriated to the department exclusively to assist the
9 4 center in carrying out its duties associated with its
9 5 comprehensive strategy.
9 6 LSB 5773HH 81
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