House File 735 - Introduced



                                       HOUSE FILE       
                                       BY  WHITAKER


    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 duties of
  2    the department, establishing a council, and establishing a
  3    fund.
  4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  5 TLSB 1194HH 82
  6 da/cf/24

PAG LIN



  1  1    Section 1.  NEW SECTION.  190B.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.  "Coordinator" means the Iowa foods initiative
  1 15 coordinator as provided in section 190B.2.
  1 16    3.  "Council" means the Iowa organics advisory council
  1 17 established pursuant to section 190B.4.
  1 18    4.  "Department" means the department of agriculture and
  1 19 land stewardship.
  1 20    5.  "Fund" means the Iowa foods initiative fund established
  1 21 pursuant to section 190B.5.
  1 22    6.  "Identity=preserved agricultural product" means an
  1 23 agricultural product that may be traced from production
  1 24 through handling, processing, and marketing channels to the
  1 25 retailer in order to ensure that a specific process or
  1 26 characteristic, including but not limited to a genetic trait,
  1 27 associated with the agricultural product has been followed or
  1 28 is delivered to the final consumer.
  1 29    7.  "Iowa foods" means identity=preserved agricultural
  1 30 products or organic agricultural products that are produced in
  1 31 this state and intended for or marketed as foods or which are
  1 32 produced in this state and processed into products that are
  1 33 intended for or marketed as foods.
  1 34    8.  "Organic agricultural product" means an agricultural
  1 35 product that is certified or otherwise qualifies as organic in
  2  1 accordance with the provisions of chapter 190C.
  2  2    9.  "Secretary" means the secretary of agriculture.
  2  3    Sec. 2.  NEW SECTION.  190B.2  IOWA FOODS INITIATIVE ==
  2  4 CREATED.
  2  5    1.  An Iowa foods initiative is created, which shall
  2  6 promote the production, handling, processing, and marketing of
  2  7 Iowa foods in a manner that does all of the following:
  2  8    a.  Provides for sound soil conservation and sustainable
  2  9 agricultural practices, enhances the quality of the
  2 10 environment, promotes the development of local and statewide
  2 11 food systems, expands domestic and foreign markets,
  2 12 revitalizes rural communities, and furnishes consumers with
  2 13 widely available wholesome food.
  2 14    b.  Ensures that the majority of the wealth created by Iowa
  2 15 agricultural producers is retained in this state, and that
  2 16 employment for industries associated with the handling,
  2 17 processing, and marketing of Iowa's identity=preserved
  2 18 agricultural products and organic agricultural products in
  2 19 this state.
  2 20    2.  The secretary shall appoint an Iowa foods coordinator
  2 21 to administer the Iowa foods initiative.
  2 22    Sec. 3.  NEW SECTION.  190B.3  IOWA FOODS INITIATIVE ==
  2 23 DUTIES.
  2 24    1.  The department shall administer the Iowa foods
  2 25 initiative provided in section 190B.2 by developing and
  2 26 implementing a comprehensive strategy which shall include at
  2 27 least all of the following:
  2 28    a.  Monitoring the production, handling, processing, and
  2 29 marketing of identity=preserved agricultural products and
  2 30 organic agricultural products in this state.
  2 31    b.  Serving as an information clearinghouse to assist
  2 32 agricultural producers interested in producing identity=
  2 33 preserved agricultural products and organic agricultural
  2 34 products.  The department shall serve as a referral agency to
  2 35 assist agricultural producers in obtaining assistance from
  3  1 private persons and state and federal agencies, including the
  3  2 organic advisory council established pursuant to section
  3  3 190C.2, the Iowa cooperative extension service in agriculture
  3  4 and home economics at Iowa state university, and the
  3  5 department of economic development.  The department shall
  3  6 establish programs to ensure that interested agricultural
  3  7 producers may achieve a practicable transition to producing
  3  8 and marketing identity=preserved agricultural products and
  3  9 organic agricultural products.
  3 10    c.  Initiating or supporting programs or projects which
  3 11 establish, improve, or expand private and public efforts to
  3 12 develop markets for identity=preserved agricultural products
  3 13 and organic agricultural products.  The department shall
  3 14 assist persons in developing infrastructure for the
  3 15 production, handling, processing, and marketing of
  3 16 identity=preserved agricultural products and organic
  3 17 agricultural products, including local distribution systems
  3 18 such as grocery stores, restaurants, and farmers markets, and
  3 19 direct producer=to=consumer sales by production contract and
  3 20 internet sales.
  3 21    d.  Providing for educational and promotional campaigns,
  3 22 including sponsoring events or publishing electronic or
  3 23 printed materials which increase the public's awareness of
  3 24 identity=preserved agricultural products and organic
  3 25 agricultural products and their connection to Iowa farm
  3 26 families.  The department may design labels or placards which
  3 27 identify foods as identity=preserved agricultural products or
  3 28 organic agricultural products.
  3 29    e.  Assisting state and local governments when considering
  3 30 legislative or administrative measures which may have an
  3 31 impact upon the production, handling, processing, or marketing
  3 32 of identity=preserved agricultural products or organic
  3 33 agricultural products.  The department shall cooperate with
  3 34 state and local governments to ensure that when purchasing
  3 35 foods, consideration is provided to identity=preserved
  4  1 agricultural products and organic agricultural products
  4  2 whenever the price and quality are reasonably competitive.
  4  3    2.  The department and state and local agencies, including
  4  4 the department of administrative services, the department of
  4  5 corrections, the department of economic development, the state
  4  6 department of transportation, the department of natural
  4  7 resources, the state board of regents institutions, and the
  4  8 state board for community colleges, shall cooperate to carry
  4  9 out the department's duties.
  4 10    3.  The department shall prepare a report as follows:
  4 11    a.  The report shall describe the status of the state's
  4 12 efforts under this chapter to accomplish the purposes of the
  4 13 Iowa foods initiative set forth in section 190B.2, and the
  4 14 department's performance goals and activities, including
  4 15 programs and projects designed to achieve those goals, as
  4 16 provided in the department's comprehensive strategy.
  4 17    b.  The report shall be incorporated into the department's
  4 18 annual performance plan and agency strategic plan as provided
  4 19 in chapter 8E, subchapter II.  The report shall be delivered
  4 20 to the legislative services agency not later than February 10
  4 21 of each year.
  4 22    Sec. 4.  NEW SECTION.  190B.4  IOWA ORGANICS ADVISORY
  4 23 COUNCIL.
  4 24    1.  An Iowa organics advisory council is established within
  4 25 the department.  The council shall consult with the department
  4 26 and provide general oversight of the department and its
  4 27 administrative operations relative to this chapter.  However,
  4 28 the council shall not control policy decisions or direct the
  4 29 administration of this chapter.  The council, in cooperation
  4 30 with the coordinator, shall do all of the following:
  4 31    a.  Develop and review the comprehensive strategy necessary
  4 32 to carry out the Iowa foods initiative as provided in section
  4 33 190B.3.
  4 34    b.  Review the operations of the department, establish
  4 35 performance goals for the department, and adopt
  5  1 recommendations relating to improving the functions of the
  5  2 department as is necessary to further the Iowa foods
  5  3 initiative as provided in section 190B.2.
  5  4    c.  Encourage the full support of initiatives of the
  5  5 department performed pursuant to its comprehensive strategy as
  5  6 provided in section 190B.3.
  5  7    2.  The council shall be composed of all of the following:
  5  8    a.  Four members who shall include all of the following:
  5  9    (1)  The chairperson of the organic advisory council as
  5 10 provided in section 190C.2.
  5 11    (2)  The director of the Leopold center for sustainable
  5 12 agriculture as provided in section 266.39.
  5 13    (3)  A person appointed by the director of the department
  5 14 of economic development who shall be familiar with that
  5 15 department's agricultural marketing programs and the value=
  5 16 added agricultural products and processes financial assistance
  5 17 program as provided in section 15E.111.
  5 18    (4)  A person appointed by the president of Iowa state
  5 19 university who is a specialist in organic agricultural
  5 20 production and associated with the Iowa cooperative extension
  5 21 service in agriculture and home economics.
  5 22    b.  Nine public members who shall be appointed by the
  5 23 secretary.  The public members must be presently actively
  5 24 engaged or have long been actively engaged in the production,
  5 25 handling, processing, or marketing of identity=preserved
  5 26 agricultural products and organic agricultural products.  The
  5 27 membership must include at least one person who has been
  5 28 involved in producing identity=preserved agricultural
  5 29 products.  The membership must include at least four persons
  5 30 who have been involved in producing organic agricultural
  5 31 products.  At least one member must be a member of the Iowa
  5 32 food policy council and at least one member must be a member
  5 33 of the practical farmers of Iowa.
  5 34    (1)  The secretary shall appoint the public members based
  5 35 on a list of nominations submitted by organizations
  6  1 representing areas of expertise in the production, handling,
  6  2 processing, and marketing of identity=preserved agricultural
  6  3 products and organic agricultural products, as certified by
  6  4 the department according to requirements of the department.
  6  5    (2)  Appointments of the public members are subject to the
  6  6 requirements of sections 69.16 and 69.16A.  In addition, the
  6  7 appointments shall be geographically balanced.  Unless the
  6  8 secretary determines that it is not feasible, at least one
  6  9 member must reside in each of the six geographic regions known
  6 10 as state fair board districts as provided in section 173.4A.
  6 11 The members shall be confirmed by the senate, pursuant to
  6 12 section 2.32.
  6 13    (3)  The members shall serve five=year terms beginning and
  6 14 ending as provided in section 69.19.  However, the secretary
  6 15 shall appoint initial members to serve for less than five
  6 16 years to ensure members serve staggered terms.  A member is
  6 17 eligible for reappointment.  A vacancy on the council shall be
  6 18 filled for the unexpired portion of the regular term in the
  6 19 same manner as regular appointments are made.
  6 20    3.  The council shall elect a chairperson from among its
  6 21 public members each year on a rotating basis as provided by
  6 22 the council.  The council shall meet on a regular basis and at
  6 23 the call of the chairperson or upon the written request to the
  6 24 chairperson of five or more public members.
  6 25    4.  Members are not entitled to receive compensation but
  6 26 public members shall receive reimbursement of expenses from
  6 27 the department as provided in section 7E.6.
  6 28    5.  Seven members constitute a quorum and the affirmative
  6 29 vote of a majority of both the nonpublic members and public
  6 30 members present is necessary for any substantive action to be
  6 31 taken by the council.  The majority shall not include any
  6 32 member who has a conflict of interest and a statement by a
  6 33 member that the member has a conflict of interest is
  6 34 conclusive for this purpose.  A vacancy in the membership does
  6 35 not impair the duties of the council.
  7  1    6.  The department shall assist the council in carrying out
  7  2 the council's duties relative to the Iowa foods initiative by
  7  3 doing all of the following:
  7  4    a.  Furnishing facilities, supplies, and clerical
  7  5 assistance.  The coordinator shall staff the council.
  7  6    b.  Executing contracts with or awarding moneys for
  7  7 programs or projects as provided in section 190B.3.
  7  8    c.  Administer the Iowa foods initiative fund as provided
  7  9 in section 190B.5.
  7 10    Sec. 5.  NEW SECTION.  190B.5  IOWA FOODS INITIATIVE FUND.
  7 11    1.  An Iowa foods initiative fund is created in the state
  7 12 treasury under the control of the department.  The fund is
  7 13 composed of moneys appropriated by the general assembly and
  7 14 moneys available to and obtained or accepted by the department
  7 15 from the United States or private sources for placement in the
  7 16 fund.
  7 17    2.  Moneys in the fund are appropriated to the department
  7 18 exclusively to administer its duties as provided in section
  7 19 190B.3.
  7 20    3.  Section 8.33 shall not apply to moneys in the fund.
  7 21 Notwithstanding section 12C.7, moneys earned as income or
  7 22 interest from the fund shall remain in the fund until expended
  7 23 as provided in this section.
  7 24                           EXPLANATION
  7 25    This bill provides for an Iowa foods initiative, which is
  7 26 to promote the production, handling, processing, and marketing
  7 27 of Iowa's foods which are identity=preserved agricultural
  7 28 products or organic agricultural products that are produced in
  7 29 this state and intended for or marketed as foods or
  7 30 agricultural products processed in this state and intended for
  7 31 or marketed as foods.
  7 32    The bill provides that the department of agriculture and
  7 33 land stewardship is responsible for administering the
  7 34 initiative.  The bill provides for the appointment of a
  7 35 coordinator to administer the initiative.  The department is
  8  1 responsible for carrying out the initiative by implementing a
  8  2 comprehensive strategy which must include:  (1) monitoring the
  8  3 current status of the production, handling, processing, and
  8  4 marketing of identity=preserved agricultural products and
  8  5 organic 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 department in performing its
  8 17 duties.  The department is required to submit an annual report
  8 18 to the legislative services agency regarding its activities
  8 19 and goals.
  8 20    The bill also establishes an Iowa organics advisory
  8 21 council.  The council is to provide general oversight of the
  8 22 department's administration of the initiative and assist the
  8 23 department in developing and carrying out its comprehensive
  8 24 strategy.  The council is composed of state officials who have
  8 25 knowledge regarding identity=preserved agricultural products
  8 26 and organic agricultural products, and public members
  8 27 appointed by the secretary of agriculture who are presently
  8 28 actively engaged or have long been actively engaged in the
  8 29 production, handling, processing, or marketing of
  8 30 identity=preserved agricultural products and organic
  8 31 agricultural products.  The bill provides a number of
  8 32 procedures for the appointment, voting, conduct of meetings,
  8 33 and reimbursement of members, which is consistent with other
  8 34 statutes establishing citizen appointed members of official
  8 35 bodies.  The bill requires the department to assist the
  9  1 council in performing its duties.
  9  2    Finally, the bill establishes an Iowa foods initiative fund
  9  3 under the control of the department.  Moneys in the fund are
  9  4 appropriated to the department exclusively to assist the
  9  5 department in carrying out its duties under the bill.
  9  6 LSB 1194HH 82
  9  7 da:nh/cf/24