House File 462 - Introduced
HOUSE FILE
BY DRAKE, THOMAS, HUSEMAN,
SWAIM, RAYHONS, and LALK
Passed House, Date Passed Senate, Date
Vote: Ayes Nays Vote: Ayes Nays
Approved
A BILL FOR
1 An Act relating to the administration of the Iowa egg council,
2 including by providing for the use, promotion, and research of
3 eggs and egg products.
4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
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PAG LIN
1 1 Section 1. Section 184.1, subsection 4, Code 2005, is
1 2 amended to read as follows:
1 3 4. "Eggs" means eggs produced from a layer=type chicken.
1 4 "Eggs" includes shell eggs or eggs broken for further
1 5 processing, but does. However, "eggs" does not include
1 6 fertile any of the following:
1 7 a. Fertile eggs that are incubated, hatched, or used for
1 8 vaccines.
1 9 b. Organic eggs which are produced as part of a production
1 10 operation which is certified by the department pursuant to
1 11 chapter 190C.
1 12 Sec. 2. Section 184.9, Code 2005, is amended by striking
1 13 the section and inserting in lieu thereof the following:
1 14 184.9 DUTIES OF THE COUNCIL == MARKETING.
1 15 The council shall develop new and expand existing markets
1 16 for eggs and egg products, and may provide for any of the
1 17 following:
1 18 1. Increasing the utilization of eggs or egg products.
1 19 2. Increasing the health benefits associated with the
1 20 consumption of eggs or egg products.
1 21 3. Expending economic benefits associated with the
1 22 production and processing of eggs or egg products.
1 23 4. Increasing the safe consumption of eggs or egg
1 24 products.
1 25 Sec. 3. NEW SECTION. 184.9A DUTIES OF THE COUNCIL ==
1 26 RESEARCH.
1 27 The council shall participate in research programs or
1 28 projects, including by conducting or financing such programs
1 29 or projects, relating to any of the following:
1 30 1. Increasing the utilization of eggs or egg products.
1 31 2. Improving the production or processing of eggs or egg
1 32 products.
1 33 3. Preventing, modifying, or eliminating barriers to trade
1 34 which obstruct the free flow of eggs or egg products in
1 35 commerce.
2 1 Sec. 4. NEW SECTION. 184.9B DUTIES OF THE COUNCIL ==
2 2 EDUCATION.
2 3 The council shall participate in education programs or
2 4 projects, including by conducting or financing such programs
2 5 or projects, as follows:
2 6 1. The council's education programs or projects may
2 7 provide for any of the following:
2 8 a. The utilization of eggs or egg products.
2 9 b. The production or processing of eggs or egg products.
2 10 c. The health benefits associated with the consumption of
2 11 eggs or egg products.
2 12 d. The safe consumption of eggs or egg products.
2 13 e. The prevention, modification, or elimination of
2 14 barriers to trade which obstruct the free flow of eggs or egg
2 15 products in commerce.
2 16 2. The council's education programs or projects may be
2 17 designed to increase consumers' knowledge of the production or
2 18 processing of eggs, the preparation of eggs or egg products,
2 19 or the consumption of eggs or egg products.
2 20 3. As part of the council's education programs or projects
2 21 it may provide for the dissemination of information of public
2 22 interest, including but not limited to the development or
2 23 publication of materials in a printed or electronic format.
2 24 Sec. 5. Section 184.10, unnumbered paragraph 1, Code 2005,
2 25 is amended to read as follows:
2 26 The council may perform any function related that it deems
2 27 necessary to the production and marketing of eggs or egg
2 28 products carry out its purposes and duties as provided in this
2 29 chapter, including but not limited to doing any of the
2 30 following:
2 31 Sec. 6. Section 184.10, subsection 6, Code 2005, is
2 32 amended to read as follows:
2 33 6. Become a dues=paying member of an organization carrying
2 34 out a purpose related to the increased any of the following:
2 35 a. The production or processing of eggs or egg products.
3 1 b. The consumption and or utilization of eggs or egg
3 2 products.
3 3 Sec. 7. Section 184.10, subsection 7, Code 2005, is
3 4 amended by striking the subsection and inserting in lieu
3 5 thereof the following:
3 6 7. Administer elections for members of the council and
3 7 provide for the appointment of persons to fill vacancies
3 8 occurring on the council, as provided in section 184.8. The
3 9 department may assist the council in administering an
3 10 election, upon request to the secretary by the council.
3 11 Sec. 8. Section 184.14, unnumbered paragraph 2, Code 2005,
3 12 is amended to read as follows:
3 13 Moneys collected, deposited in the fund, and transferred to
3 14 the council as provided in this chapter are subject to audit
3 15 by the auditor of state. The moneys transferred to the
3 16 council shall be used by the council first for the payment of
3 17 collection expenses, second for payment of the costs and
3 18 expenses arising in connection with conducting referendums,
3 19 and third to perform the functions and carry out the duties of
3 20 the council as provided in section 184.9 this chapter. Moneys
3 21 remaining after the council is abolished and the imposition of
3 22 an assessment is terminated pursuant to a referendum conducted
3 23 pursuant to section 184.5 shall continue to be expended in
3 24 accordance with this chapter until exhausted.
3 25 EXPLANATION
3 26 This bill amends Code chapter 184, which establishes the
3 27 Iowa egg council, and provides for an assessment ("checkoff")
3 28 on the sale of eggs to support activities related to egg
3 29 production and processing, including marketing, as well as
3 30 education and research.
3 31 Code section 184.9 provides for the duties of the council
3 32 which focus upon market development (promoting the increased
3 33 utilization of eggs and egg products, health benefits
3 34 associated with the consumption of eggs or egg products,
3 35 economic benefits associated with the production and
4 1 processing of eggs or egg products, and the safe use and
4 2 consumption of eggs or egg products). The Code section also
4 3 provides that the council may administer elections and provide
4 4 for the appointment of persons to fill vacancies occurring on
4 5 the council. Code section 184.10 authorizes the council to
4 6 provide for research and education programs directed toward
4 7 better and more efficient production, marketing, and
4 8 utilization of eggs and egg products, including by financing
4 9 such programs and projects.
4 10 The bill provides that for purposes of the Code chapter,
4 11 "eggs" do not include those eggs which are produced as part of
4 12 an organic production operation. The effect of the provision
4 13 is to exclude organic farms from being assessed a checkoff.
4 14 The council shall establish an assessment amount for each
4 15 30 dozen eggs produced in this state. The assessment shall be
4 16 imposed on a producer at the time of delivery to a purchaser
4 17 who shall deduct the assessment from the price paid to a
4 18 producer at the time of sale. The assessment shall not be
4 19 refundable. The assessment is due to be paid to the council
4 20 within 30 days following each calendar quarter, as provided by
4 21 the council.
4 22 The bill rewrites Code section 184.9 to specifically
4 23 provide for the council's marketing duties. It also
4 24 establishes two separate Code sections. One section requires
4 25 the council to participate in research programs or projects,
4 26 including by conducting or financing such programs or
4 27 projects. The other Code section requires the department to
4 28 participate in education programs or projects, including by
4 29 conducting or financing such programs or projects. In
4 30 providing for duties related to both education and research,
4 31 the bill lists activities that may be accomplished by the
4 32 council. The bill lists a number of educational activities
4 33 related to utilization, production or processing, health and
4 34 safety, and trade. The bill provides that the educational
4 35 component may be designed to increase consumers' awareness.
5 1 It also authorizes the council to disseminate information,
5 2 including but not limited to the development or publication of
5 3 materials in a printed or electronic format.
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