House File 2408 - Introduced
HOUSE FILE
BY WHITAKER
Passed House, Date Passed Senate, Date
Vote: Ayes Nays Vote: Ayes Nays
Approved
A BILL FOR
1 An Act providing for the regulation of food derived from cloned
2 agricultural animals and providing penalties.
3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
4 TLSB 6001HH 82
5 da/nh/24
PAG LIN
1 1 Section 1. NEW SECTION. 137G.1 DEFINITIONS.
1 2 As used in this chapter, unless the context otherwise
1 3 requires:
1 4 1. "Agricultural animal" means the same as defined in
1 5 section 717A.1.
1 6 2. "Cloned agricultural animal" means an agricultural
1 7 animal that is produced directly from a somatic cell nuclear
1 8 transfer event.
1 9 3. "Department" means the department of inspections and
1 10 appeals.
1 11 4. "Genetically designated agricultural animal" means an
1 12 agricultural animal which births a cloned agricultural animal,
1 13 a cloned agricultural animal, the progeny of an agricultural
1 14 animal which births a cloned agricultural animal, or the
1 15 progeny of a cloned agricultural animal.
1 16 5. "Genetically designated food" means any of the
1 17 following:
1 18 a. Meat or a meat product derived from the carcass of a
1 19 genetically designated agricultural animal.
1 20 b. Milk or a milk product derived from a genetically
1 21 designated agricultural animal.
1 22 6. "In=state agricultural animal operation" or "operation"
1 23 means the premises located in this state where an agricultural
1 24 animal is fed or otherwise maintained, including a building,
1 25 lot, yard, or corral.
1 26 7. "In=state food establishment" or "establishment" means
1 27 a food establishment licensed by the department pursuant to
1 28 chapter 137F.
1 29 8. "In=state food processing plant" or "plant" means the
1 30 premises located in this state where food derived from
1 31 agricultural animals is processed or packaged for distribution
1 32 to another person including but not limited to an in=state
1 33 food establishment. "In=state food processing plant" includes
1 34 any of the following:
1 35 a. For meat, premises subject to inspection by the United
2 1 States department of agriculture including as provided in the
2 2 federal Meat Inspection Act or the federal Poultry Products
2 3 Inspection Act as provided in chapter 189A or by the
2 4 department of agriculture and land stewardship as provided in
2 5 chapter 189A.
2 6 b. For milk and dairy products, premises subject to
2 7 inspection by the department of agriculture and land
2 8 stewardship pursuant to chapter 192.
2 9 Sec. 2. NEW SECTION. 137G.2 DEPARTMENTAL ADMINISTRATION.
2 10 The department of inspections and appeals in cooperation
2 11 with the department of agriculture and land stewardship shall
2 12 administer the provisions of this chapter. The department of
2 13 inspections and appeals shall adopt rules as necessary to
2 14 administer this chapter.
2 15 Sec. 3. NEW SECTION. 137G.3 FOOD DERIVED FROM
2 16 GENETICALLY DESIGNATED AGRICULTURAL ANIMALS.
2 17 This chapter applies to food which is sold for human
2 18 consumption, if the food is derived from a genetically
2 19 designated agricultural animal, and if the food is any of the
2 20 following:
2 21 1. Meat which includes fresh or frozen raw meat or a meat
2 22 product.
2 23 2. Milk or a milk product produced from milk which is
2 24 subject to regulation as provided in the "Grade "A"
2 25 pasteurized milk ordinance, 2005 revision", including a
2 26 subsequent revision of the ordinance as provided in section
2 27 192.102.
2 28 Sec. 4. NEW SECTION. 137G.4 GENETICALLY DESIGNATED
2 29 AGRICULTURAL ANIMAL REGISTRY.
2 30 The department shall establish a genetically designated
2 31 agricultural animal registry as provided in this section. The
2 32 department shall maintain the registry in an electronic format
2 33 on its internet site.
2 34 1. a. For an in=state agricultural animal operation, the
2 35 owner or the operator of the operation shall register
3 1 information as required by the department. The registered
3 2 information shall include at least all of the following:
3 3 (1) The name and address of the operation.
3 4 (2) The type of genetically designated agricultural
3 5 animals kept at the operation.
3 6 (3) Whether genetically designated agricultural animals
3 7 are segregated from other agricultural animals of the same
3 8 species.
3 9 b. An owner or operator shall register the information
3 10 between July 1 and July 10 of each year as required by the
3 11 department.
3 12 2. a. For an in=state food processing plant, the owner or
3 13 operator of the plant shall register information as required
3 14 by the department. The registered information shall include
3 15 at least all of the following:
3 16 (1) The name and address of the plant.
3 17 (2) The type of food processed at the plant and the type
3 18 of genetically designated food that is processed at the plant.
3 19 (3) Whether genetically designated agricultural animals
3 20 are segregated from other agricultural animals of the same
3 21 species.
3 22 (4) Whether genetically designated food is segregated from
3 23 other food during processing.
3 24 b. An owner or operator shall register the information
3 25 between July 1 and July 10 of each year as required by the
3 26 department.
3 27 3. a. For an in=state food establishment, the owner or
3 28 manager of the establishment shall register information as
3 29 required by the department. The registered information shall
3 30 include at least all of the following:
3 31 (1) The name and address of the food establishment.
3 32 (2) The type of food sold at the establishment, and the
3 33 type of genetically designated food sold at the establishment.
3 34 (3) Whether genetically designated food is segregated from
3 35 other food before it is offered for sale at retail.
4 1 b. An owner or manager shall register the information
4 2 between July 1 and July 10 of each year as required by the
4 3 department.
4 4 Sec. 5. NEW SECTION. 137G.5 IN=STATE AGRICULTURAL ANIMAL
4 5 OPERATIONS.
4 6 This section applies to an in=state agricultural animal
4 7 operation which keeps a genetically designated agricultural
4 8 animal.
4 9 1. a. Except as provided in paragraph "b", all
4 10 agricultural animals of the same species shall be deemed to be
4 11 genetically designated agricultural animals.
4 12 b. The department may approve a system which allows the
4 13 operation to segregate genetically designated agricultural
4 14 animals from other animals of the same species. The other
4 15 agricultural animals shall not be deemed genetically
4 16 designated agricultural animals so long as the operation
4 17 complies with departmental requirements.
4 18 2. a. The operation shall register with the department
4 19 and maintain records regarding the genetically designated
4 20 agricultural animals that it keeps in a manner and according
4 21 to procedures required by the department. The operation shall
4 22 keep records regarding all genetically designated agricultural
4 23 animals that it receives from or transfers to another person
4 24 in a manner required by the department.
4 25 b. The department may inspect the operation and may
4 26 provide for the examination and reproduction of records
4 27 maintained by the operation necessary to ensure compliance
4 28 with this chapter. The department may enter onto the
4 29 operation's premises during regular business hours.
4 30 3. An operation is excused from the requirements of this
4 31 section if both of the following apply:
4 32 a. The operation does not have actual knowledge that it
4 33 has purchased a genetically designated agricultural animal.
4 34 b. The genetically designated agricultural animal registry
4 35 does not include the name of the agricultural animal operation
5 1 which sold the agricultural animal to the operation.
5 2 Sec. 6. NEW SECTION. 137G.6 IN=STATE FOOD PROCESSING
5 3 PLANTS.
5 4 1. This section applies to an in=state food processing
5 5 plant that does any of the following:
5 6 a. Purchases a genetically designated agricultural animal
5 7 from an in=state agricultural animal operation.
5 8 b. Purchases a genetically designated agricultural animal
5 9 from another plant.
5 10 c. Purchases genetically designated food from another
5 11 processor.
5 12 2. a. Except as provided in paragraph "b", all
5 13 agricultural animals kept, slaughtered, or processed shall be
5 14 deemed to be genetically designated agricultural animals, and
5 15 all food processed at the plant shall be deemed genetically
5 16 designated food.
5 17 b. (1) The department may approve a system which allows
5 18 the plant to do any of the following:
5 19 (a) Segregate a genetically designated agricultural animal
5 20 kept, slaughtered, or processed from other animals kept,
5 21 slaughtered, or processed at the plant.
5 22 (b) Segregate the processing or packaging of genetically
5 23 designated food.
5 24 (2) The other agricultural animals shall not be deemed
5 25 genetically designated agricultural animals, and food shall
5 26 not be deemed to be genetically designated food so long as the
5 27 plant complies with departmental requirements.
5 28 3. a. The plant shall register with the department and
5 29 keep records regarding any genetically designated animal that
5 30 it keeps, slaughters, or processes in a manner and according
5 31 to procedures required by the department. The plant shall
5 32 keep records of all genetically designated animals that it
5 33 receives from or transfers to another person in a manner
5 34 required by the department. The plant shall keep records
5 35 regarding food derived from genetically designated
6 1 agricultural animals that it processes or packages. The plant
6 2 shall keep records of persons who transferred the food.
6 3 b. The department may inspect the plant and may provide
6 4 for the examination and reproduction of records maintained by
6 5 the plant necessary to ensure compliance with this chapter.
6 6 The department may enter onto the plant's premises during
6 7 regular business hours.
6 8 4. A plant may be excused from the requirements of this
6 9 section if any of the following apply:
6 10 a. The processor is not a food facility required to
6 11 register with the United States food and drug administration
6 12 as provided in 21 C.F.R., ch. 1, pt. 1, subpt. H.
6 13 b. Both of the following apply:
6 14 (1) The plant did not have actual knowledge that it has
6 15 purchased a genetically designated agricultural animal or
6 16 genetically designated food.
6 17 (2) The genetically designated agricultural animal
6 18 registry does not include the name of the agricultural animal
6 19 operation or processor who sold the genetically designated
6 20 agricultural animal or genetically designated food.
6 21 Sec. 7. NEW SECTION. 137G.7 IN=STATE FOOD ESTABLISHMENT.
6 22 1. This section applies to an in=state food establishment
6 23 that does any of the following:
6 24 a. Purchases genetically designated food from an in=state
6 25 food processing plant.
6 26 b. Purchases genetically designated food from another
6 27 in=state food establishment.
6 28 2. a. Except as provided in paragraph "b", all food sold
6 29 by the establishment shall be deemed to be genetically
6 30 designated food.
6 31 b. (1) The department may approve a system which allows
6 32 the establishment to segregate genetically designated food
6 33 from other food.
6 34 (2) The other food shall not be deemed to be genetically
6 35 designated food so long as the establishment complies with
7 1 departmental requirements.
7 2 3. a. The establishment shall register with the
7 3 department and keep records regarding genetically designated
7 4 food that it transfers to another person.
7 5 b. The department may inspect the establishment and may
7 6 provide for the examination and reproduction of records
7 7 maintained by the establishment necessary to ensure compliance
7 8 with this chapter. The department may enter onto the
7 9 establishment's premises during regular business hours.
7 10 4. An establishment may be excused from the requirements
7 11 of this section if all of the following apply:
7 12 a. The establishment did not have actual knowledge that it
7 13 received genetically designated food.
7 14 b. The genetically designated agricultural animal registry
7 15 does not include the following:
7 16 (1) The name of the operation or plant that transferred
7 17 the genetically designated food to the establishment.
7 18 (2) The name of another establishment that transferred the
7 19 genetically designated food to the establishment.
7 20 Sec. 8. NEW SECTION. 137G.8 LABELING REQUIREMENTS.
7 21 1. Genetically designated food sold on a retail basis must
7 22 be labeled as provided in this section. The label shall be
7 23 displayed on the food package or in proximity to the food in a
7 24 manner that is most likely to be displayed, presented, shown,
7 25 or examined under customary conditions of display for retail
7 26 sale. The label shall be large enough to accommodate the
7 27 following message:
7 28 THIS FOOD IS PRODUCED USING AN AGRICULTURAL ANIMAL THAT WAS
7 29 PRODUCED THROUGH CLONING OR OTHER GENETIC MODIFICATION
7 30 2. For the purpose of uniformity, the department shall
7 31 adopt rules providing for the font and type size of the
7 32 display and the message.
7 33 Sec. 9. NEW SECTION. 137G.9 STOP SALE ORDER.
7 34 The department may issue a stop order to a person who
7 35 transfers or represents an agricultural animal in violation of
8 1 this chapter or who transfers, represents, or labels food in
8 2 violation of this chapter.
8 3 1. The department may issue a written order to stop the
8 4 person in control of the agricultural animal or food. The
8 5 person named in the order shall not transfer the agricultural
8 6 animal or food until the department determines that the
8 7 agricultural animal or food is in compliance with this
8 8 chapter.
8 9 2. The department may require that the agricultural animal
8 10 or food be held at a designated place until released by the
8 11 department.
8 12 3. The department or the attorney general may enforce the
8 13 stop order by petitioning the district court in the county
8 14 where the agricultural product is being sold.
8 15 4. The department shall release the agricultural animal or
8 16 food when the department issues a release order upon
8 17 satisfaction that legal requirements compelling the issuance
8 18 of the stop sale order are satisfied. If the person is found
8 19 to have violated this chapter, the person shall pay all
8 20 expenses incurred by the department in connection with the
8 21 removal of the agricultural animal or food.
8 22 Sec. 10. NEW SECTION. 137G.10 CIVIL PENALTIES.
8 23 The department may establish, assess, and collect civil
8 24 penalties which shall be imposed against a person in violation
8 25 of this chapter. The amount of the civil penalty shall not
8 26 exceed ten thousand dollars for each violation and each day
8 27 that a violation continues shall be deemed a separate offense.
8 28 Sec. 11. NEW SECTION. 137G.11 FEDERAL LAW.
8 29 This chapter shall be implemented consistent with federal
8 30 law. The department shall petition the federal food and drug
8 31 administration of the United States department of health and
8 32 human services to obtain any necessary waivers in order to
8 33 implement this chapter.
8 34 EXPLANATION
8 35 This bill regulates the labeling of food which is meat,
9 1 meat products, milk, or milk products derived from a cloned
9 2 agricultural animal or any agricultural animal which births a
9 3 cloned agricultural animal, a cloned agricultural animal, the
9 4 progeny of an agricultural animal which births a cloned
9 5 agricultural animal, or the progeny of a cloned agricultural
9 6 animal. These animals are classified as genetically
9 7 designated agricultural animals.
9 8 The bill provides that the department of inspections and
9 9 appeals in cooperation with the department of agriculture and
9 10 land stewardship is responsible for administering the
9 11 provisions.
9 12 The bill requires the department to establish a genetically
9 13 designated agricultural animal registry. An in=state
9 14 agriculture animal operation, processing plant, or food
9 15 establishment must register with the department if it keeps or
9 16 transfers a genetically designated agricultural animal or
9 17 genetically designated food.
9 18 The bill provides that all agricultural animals kept by an
9 19 in=state operation or in=state processing plant that keeps
9 20 genetically designated agricultural animals are deemed to be
9 21 genetically designated agricultural animals unless the
9 22 department approves a special system of segregation. It
9 23 provides that all food processed by an in=state processing
9 24 plant that processes genetically designated food shall be
9 25 deemed to be genetically designated food unless the department
9 26 approves a special system of segregation. It provides that
9 27 all food sold by a food establishment that sells genetically
9 28 designated agricultural food is deemed to be genetically
9 29 designated food unless the department approves a special
9 30 system of segregation.
9 31 The bill requires that any person who sells food on a
9 32 retail basis must label genetically designated food according
9 33 to requirements established by the department.
9 34 The bill provides that the department may issue a stop
9 35 order to a person who transfers or fails to register an
10 1 agricultural animal in violation of the bill or who labels
10 2 food in violation of the bill.
10 3 The bill provides that the department may impose a civil
10 4 penalty not to exceed $10,000 against a person who violates a
10 5 provision of the bill.
10 6 The bill provides that its provisions are to be implemented
10 7 consistently with federal law, and that the department must
10 8 petition the federal food and drug administration of the
10 9 United States department of health and human services to
10 10 obtain any necessary waivers in order to implement its
10 11 provisions.
10 12 LSB 6001HH 82
10 13 da/nh/24