House File 378 - Introduced
HOUSE FILE
BY ALONS
Passed House, Date Passed Senate, Date
Vote: Ayes Nays Vote: Ayes Nays
Approved
A BILL FOR
1 An Act exempting establishments which prepare products derived
2 from livestock or poultry from inspection requirements when
3 the establishments donate the products to charitable
4 organizations, and making penalties applicable.
5 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
6 TLSB 1175YH 81
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PAG LIN
1 1 Section 1. Section 189A.4, Code 2005, is amended to read
1 2 as follows:
1 3 189A.4 EXEMPTIONS.
1 4 1. In order to accomplish the objectives of this chapter,
1 5 the secretary may exempt the following types of operations
1 6 from inspection:
1 7 1. a. Slaughtering and preparation by any person of
1 8 livestock and poultry of the person's own raising exclusively
1 9 for use by the person and members of the person's household,
1 10 and the person's nonpaying guests and employees.
1 11 2. b. Any other operations operation which the secretary
1 12 may determine would best be exempted to further the purposes
1 13 of this chapter, to the extent such exemptions conform to the
1 14 federal Meat Inspection Act and the federal Poultry Products
1 15 Inspection Act and the regulations thereunder adopted under
1 16 that Act.
1 17 2. a. An establishment may donate a livestock product or
1 18 poultry product which is capable of use as human food to a
1 19 charitable organization. The livestock product or poultry
1 20 product is not subject to inspection under this chapter, if
1 21 all of the following apply:
1 22 (1) The establishment prepares livestock products or
1 23 poultry products which are capable of use as human food on a
1 24 custom basis in the ordinary course of its operation as
1 25 designated by the department.
1 26 (2) The establishment has maintained a license issued
1 27 under section 189A.3 or the federal Meat Inspection Act for
1 28 the immediately preceding ten years uninterrupted by
1 29 suspension or revocation.
1 30 (3) The establishment is not a party in an administrative
1 31 action or judicial action initiated for a violation of this
1 32 chapter, including but not limited to section 189A.14 or
1 33 189A.17, or the federal Meat Inspection Act.
1 34 (4) The charitable organization provides documentation to
1 35 the establishment which verifies that it is a charitable
2 1 organization within the meaning of section 501(c)(3) of the
2 2 Internal Revenue Code with the primary purpose of alleviating
2 3 hunger or malnutrition.
2 4 (5) A representative of the charitable organization
2 5 executes a statement certifying that the livestock product or
2 6 poultry product will be furnished as a free meal to
2 7 individuals and acknowledging that the livestock product or
2 8 poultry product has not been inspected. The establishment
2 9 shall keep the statement on file as part of its business
2 10 records.
2 11 b. The department may establish, maintain, and publish a
2 12 list of eligible establishments which are interested in
2 13 donating livestock products or poultry products to charitable
2 14 organizations.
2 15 c. Nothing in this subsection prevents the department from
2 16 inspecting any livestock product or poultry product during the
2 17 inspection of an establishment or from declaring that a
2 18 livestock product or poultry product is not capable of use as
2 19 human food.
2 20 EXPLANATION
2 21 Code chapter 189A is Iowa's "meat and poultry inspection
2 22 Act" which provides for the regulation of products derived
2 23 from animal carcasses, including livestock products or poultry
2 24 products which are capable of use as human food. The
2 25 department of agriculture and land stewardship administers the
2 26 Code chapter and inspects the premises of establishments which
2 27 are not inspected by officials of the United States department
2 28 of agriculture.
2 29 Code section 189A.4 provides exemptions from the inspection
2 30 requirements, such as slaughtering and preparing products
2 31 exclusively for a person's own use or the use of the person's
2 32 household. This bill establishes another exemption from
2 33 inspection in instances in which an establishment donates a
2 34 product to a charitable organization. A number of conditions
2 35 must exist before an establishment may make a donation that is
3 1 exempt from inspection. The establishment must in the
3 2 ordinary course of its business prepare such products on a
3 3 custom basis. The establishment must have maintained a state
3 4 or federal license in good standing for 10 years and cannot be
3 5 a party in any state or federal proceeding. The charitable
3 6 organization must also verify that it is bona fide and will
3 7 furnish the product to persons in need.
3 8 The bill provides that the department may keep a list of
3 9 eligible establishments which are willing to make donations.
3 10 The bill provides that the department retains its authority to
3 11 inspect the establishment and declare that a product is unfit
3 12 for human consumption.
3 13 Code section 189A.17 provides that an establishment which
3 14 violates a provision of the Code chapter is guilty of a simple
3 15 misdemeanor. A simple misdemeanor is punishable by
3 16 confinement for no more than 30 days or a fine of at least $50
3 17 but not more than $500 or by both.
3 18 LSB 1175YH 81
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