House File 823 - Introduced
HOUSE FILE
BY FALLON
Passed House, Date Passed Senate, Date
Vote: Ayes Nays Vote: Ayes Nays
Approved
A BILL FOR
1 An Act regulating mobile establishments involved in the slaughter
2 or preparation of livestock and poultry, providing for fees,
3 and making penalties applicable.
4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
5 TLSB 2720HH 81
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PAG LIN
1 1 Section 1. Section 189A.2, subsection 6, Code 2005, is
1 2 amended to read as follows:
1 3 6. "Establishment" means all a permanent or portable
1 4 premises where animals or poultry are slaughtered or otherwise
1 5 prepared, either for custom, resale, or retail, for food
1 6 purposes, meat or poultry canneries, sausage factories,
1 7 smoking or curing operations, restaurants, grocery stores,
1 8 brokerages, cold storage plants, and or similar places.
1 9 Sec. 2. Section 189A.2, Code 2005, is amended by adding
1 10 the following new subsection:
1 11 NEW SUBSECTION. 17A. "Mobile establishment" means a
1 12 mobile unit that is capable of moving to various locations in
1 13 order to provide for the slaughter or preparation of livestock
1 14 or poultry at each location.
1 15 Sec. 3. Section 189A.3, Code 2005, is amended to read as
1 16 follows:
1 17 189A.3 LICENSE == FEE.
1 18 1. No A person shall not operate an establishment other
1 19 than a food establishment as defined in section 137F.1 without
1 20 first obtaining a license from the department. A person who
1 21 operates more than one mobile establishment is only required
1 22 to obtain a single license.
1 23 2. The license year commences on July 1 and ends on June
1 24 30.
1 25 3. a. The A person operating an establishment shall
1 26 submit a license fee to the department. The initial license
1 27 fee is due upon application for the license. The license fee
1 28 fees for each establishment per subsequent years are due upon
1 29 the expiration of the applicable license year. The license
1 30 fee shall be assessed for each year or any part of a year that
1 31 the person is required to be licensed. The amount of the
1 32 license fee shall be calculated as follows:
1 33 1. (1) For all meat and poultry slaughtered or otherwise
1 34 prepared not exceeding twenty thousand pounds per year for
1 35 sale, resale, or custom, twenty=five dollars.
2 1 2. (2) For all meat and poultry slaughtered or otherwise
2 2 prepared in excess of twenty thousand pounds per year for
2 3 sale, resale, or custom, fifty dollars.
2 4 b. The license fee shall be assessed for each
2 5 establishment operated by the person. However, for a person
2 6 who operates more than one mobile establishment, the license
2 7 fee shall be based on the total number of pounds of meat and
2 8 poultry slaughtered or otherwise prepared by all mobile
2 9 establishments that the person operates per year.
2 10 c. The funds moneys collected from license fees shall be
2 11 deposited with the department. The license year shall be from
2 12 July 1 to June 30.
2 13 d. Applications Application for licenses a license shall
2 14 be in writing on forms prescribed by the department. The
2 15 department may prescribe different forms based on the type of
2 16 establishment being licensed.
2 17 4. It is the objective of this chapter to provide for meat
2 18 and poultry products inspection programs that will impose and
2 19 enforce requirements with respect to intrastate operations and
2 20 commerce that are at least equal to those imposed and enforced
2 21 under the federal Meat Inspection Act and the federal Poultry
2 22 Products Inspection Act with respect to operations and
2 23 transactions in interstate commerce; and the. The secretary
2 24 is directed to administer this chapter so as to accomplish
2 25 this the purpose of this subsection.
2 26 5. A director of the meat and poultry inspection service
2 27 shall be designated as the secretary's delegate to be the
2 28 appropriate state official to co=operate with the secretary of
2 29 agriculture of the United States in administration of this
2 30 chapter.
2 31 Sec. 4. Section 189A.5, Code 2005, is amended by adding
2 32 the following new subsection:
2 33 NEW SUBSECTION. 8. The secretary may adopt rules
2 34 providing special requirements for mobile establishments where
2 35 livestock or poultry are slaughtered.
3 1 EXPLANATION
3 2 Code chapter 189A authorizes the department of agriculture
3 3 and land stewardship to provide for the regulation of
3 4 establishments engaged in the slaughter and preparation of
3 5 livestock and poultry so long as they are not shipped in
3 6 interstate commerce. The Code chapter provides that the
3 7 requirements imposed on persons licensed under state law must
3 8 be at least as strict as those imposed on persons who are
3 9 licensed by the United States department of agriculture.
3 10 This bill amends Code chapter 189A to provide that an
3 11 establishment includes a mobile establishment which moves to
3 12 various locations in order to slaughter or prepare livestock
3 13 and poultry at each location.
3 14 Code section 189A.3 provides for the annual licensure of
3 15 establishments. An associated license fee is imposed on a
3 16 person who operates the establishment. The amount of the fee
3 17 is based on a threshold of 20,000 pounds of meat and poultry
3 18 that the person is to slaughter and prepare. The amount is
3 19 $25 unless the person exceeds the threshold. In that case,
3 20 the amount is $50. The bill provides that for a person who
3 21 operates more than one mobile establishment, the license fee
3 22 is based on the total number of pounds of livestock and
3 23 poultry slaughtered and prepared by all mobile establishments
3 24 that the person operates.
3 25 Code section 189A.5 provides for the inspection and
3 26 regulation of establishments. The bill provides that the
3 27 department may adopt rules which provide special requirements
3 28 for mobile establishments.
3 29 Code section 189A.17 provides for penalties. Generally, a
3 30 person who violates any provision of Code chapter 189A is
3 31 guilty of a simple misdemeanor. A simple misdemeanor is
3 32 punishable by confinement for no more than 30 days or a fine
3 33 of at least $50 but not more than $500 or by both. The Code
3 34 section also provides that if a person commits a violation
3 35 with intent to defraud or to distribute an adulterated
4 1 article, the person is guilty of a fraudulent practice. Code
4 2 chapter 714 provides for fraudulent practices. In general,
4 3 the penalty depends upon the value of the property involved in
4 4 the offense. Code section 714.9 provides for a fraudulent
4 5 practice in the first degree, which includes the most severe
4 6 penalty. The offense involves property having a value of more
4 7 than $10,000 and is a class "C" felony, which is punishable by
4 8 confinement for no more than 10 years and a fine of at least
4 9 $1,000 but not more than $10,000.
4 10 LSB 2720HH 81
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