H.F. 375 DIVISION I 1 GENETICALLY MODIFIED AGRICULTURAL SEEDS 2 Section 1. Section 199.1, subsection 2, Code 2011, is 3 amended to read as follows: 4 2. “Agricultural seed” means grass, forage, cereal, oil, 5 fiber, and any other kind of crop seed commonly recognized 6 within this state as agricultural seed, lawn seed, vegetable 7 seed, or seed mixtures. Agricultural seed “Agricultural 8 seed” includes such seed regardless of whether it has been 9 genetically modified. “Agricultural seed” may include any 10 additional seed the secretary designates by rules rule . 11 Sec. 2. Section 199.1, Code 2011, is amended by adding the 12 following new subsection: 13 NEW SUBSECTION . 6A. “Genetically modified” means to 14 alter the genetic characteristics of a plant by modifying the 15 deoxyribonucleic acid of the plant’s seed in a manner other 16 than by breeding or pollination. 17 Sec. 3. NEW SECTION . 199.7A Agricultural seed offer —— 18 disclosure. 19 A person required to label a container of agricultural seed 20 pursuant to section 199.3 shall not sell genetically modified 21 agricultural seed in a container, unless the person segregates 22 the per-container costs associated with making the genetic 23 modifications and the per-container costs of the agricultural 24 seed had it not been genetically modified. The segregated 25 costs shall be made available to a person who may purchase the 26 genetically modified agricultural seed prior to the purchase. 27 The person required to label the container may provide the 28 segregated costs in a printed format or on their internet 29 website. 30 DIVISION II 31 GENETICALLY MODIFIED MILK 32 AND DAIRY PRODUCTS 33 Sec. 4. NEW SECTION . 191.9A Synthetic bovine growth hormone 34 —— penalty. 35 -1- LSB 2096YH (3) 84 da/nh 1/ 5

H.F. 375 1. As used in this section, unless the context otherwise 1 requires: 2 a. “Dairy product” means a milk product or any product in 3 which milk is a principal ingredient at any temperature and in 4 either a manufactured or unmanufactured state. “Dairy product” 5 includes but is not limited to butter, condensed milk, cheese, 6 cream, cottage cheese, ricotta cheese, sour cream, yogurt, or 7 ice cream. 8 b. “Milk” means any milk that is regulated by the department 9 under chapter 192, including as provided in the Grade “A” 10 Pasteurized Milk Ordinance, as provided in section 192.102. 11 c. “Synthetic bovine growth hormone” means a genetically 12 engineered protein derived from bovine somatotropin and 13 referred to as recombinant bovine somatotropin or recombinant 14 bovine growth hormone. 15 2. This section applies to milk originating from a dairy 16 herd in this state if the milk is sold in this state on a retail 17 basis, or to a dairy product that is derived from such milk, 18 if the dairy product is manufactured in this state and sold in 19 this state on a retail basis. The milk or dairy product must be 20 labeled as provided in this section. The label shall notify 21 the public of any of the following: 22 a. The milk is produced from a dairy herd that has been 23 administered with a synthetic bovine growth hormone or the 24 dairy product is derived from such milk. 25 b. The milk may have been produced from a dairy herd that 26 has been administered with a synthetic bovine growth hormone or 27 the dairy product is derived from such milk. 28 c. The milk has not been produced from a dairy herd that has 29 been administered with a synthetic bovine growth hormone or the 30 dairy product is derived from such milk. For labeling pursuant 31 to this paragraph, the department shall require the use of 32 affidavits from milk producers stating that the dairy herd was 33 not administered with synthetic bovine growth hormones. 34 3. The department shall develop label requirements by rule 35 -2- LSB 2096YH (3) 84 da/nh 2/ 5

H.F. 375 for operators of milk plants required to be issued a permit 1 under chapter 192, food establishments or food processing 2 plants required to be issued a license pursuant to chapter 3 137F, and home food establishments required to be issued a 4 license pursuant to chapter 137D. The requirements shall 5 include provisions for a label indicating that milk or milk 6 used to produce a dairy product is “farmer-certified free” or 7 an equivalent statement. 8 4. This section applies notwithstanding section 189.11. 9 5. A person who knowingly sells milk or a dairy product in 10 violation of this section is subject to a civil penalty of not 11 more than one thousand dollars. Each day that the violation 12 continues constitutes a separate violation. Civil penalties 13 shall be assessed by the district court in an action initiated 14 by the department or attorney general. Civil penalties 15 collected under this section shall be deposited in the general 16 fund of the state. 17 6. In addition to the remedies provided in section 191.10, 18 an individual or private organization or association may bring 19 an action in district court to restrain a person from selling 20 milk or a dairy product in violation of this section. A 21 petitioner shall not be required to allege facts necessary to 22 show, or tending to show, a lack of adequate remedy at law, or 23 that irreparable damage or loss will result if the action is 24 brought at law or that unique or special circumstances exist. 25 7. A person may sell milk or a dairy product that is labeled 26 for retail sale in another state the label of which indicates 27 that the milk or dairy product is not produced from a dairy 28 herd being administered synthetic bovine growth hormone only 29 if the milk or dairy product is from a state identified by the 30 department as having laws comparable to this state’s laws on 31 labeling milk or dairy products not produced with synthetic 32 bovine growth hormone and is labeled in compliance with the 33 laws of that state. 34 Sec. 5. RULES. The department of agriculture and land 35 -3- LSB 2096YH (3) 84 da/nh 3/ 5

H.F. 375 stewardship shall adopt rules necessary in order to administer 1 this division of this Act. 2 Sec. 6. EFFECTIVE DATE. This division of this Act takes 3 effect January 1, 2012. However, the section of this division 4 of this Act requiring the department of agriculture and land 5 stewardship to adopt rules shall take effect upon enactment. 6 EXPLANATION 7 DIVISION I —— GENETICALLY MODIFIED AGRICULTURAL SEEDS. This 8 division of this bill amends Code chapter 199, Iowa’s seed law, 9 which generally provides for labeling requirements. The bill 10 amends the Code chapter’s definition of “agricultural seed” 11 which includes grass, forage, cereal, oil, fiber, and any other 12 kind of crop seed, lawn seed, vegetable seed, or seed mixture. 13 The bill provides that “agricultural seed” includes any such 14 seed regardless of whether it has been genetically modified 15 (changing its genetic characteristics in a manner other than 16 breeding or pollination). 17 The bill provides that a person required to label a 18 container of agricultural seed cannot sell genetically modified 19 agricultural seed in a container, unless the person segregates 20 the per-container costs associated with making the genetic 21 modifications and the per-container costs of the agricultural 22 seed if it had not been genetically modified. The bill 23 provides that the labeler must provide the segregated costs in 24 a printed format or on their internet website. 25 Code section 199.13 provides that a person who violates 26 the provisions of the Code chapter is guilty of a simple 27 misdemeanor. A simple misdemeanor is punishable by confinement 28 for no more than 30 days or a fine of at least $65 but not more 29 than $625 or by both. 30 DIVISION II —— GENETICALLY MODIFIED MILK AND DAIRY PRODUCTS. 31 This division of the bill amends Code chapter 191 which 32 regulates the labeling of foods in Iowa, including milk and 33 dairy products. The Code chapter is administered by the 34 department of agriculture and land stewardship. 35 -4- LSB 2096YH (3) 84 da/nh 4/ 5

H.F. 375 The bill provides that milk and related dairy products must 1 be labeled to indicate whether the originating dairy herd 2 producing the milk was administered a synthetic bovine growth 3 hormone also referred to as recombinant bovine somatotropin 4 (rbST) or recombinant bovine growth hormone (rbGH). The bill 5 provides labeling requirements for the retail sale of milk 6 produced in this state or a dairy product manufactured in 7 this state which uses milk produced in this state. The label 8 must indicate whether the milk may have been, was, or was not 9 produced from a herd in this state which was administered with 10 a synthetic bovine growth hormone. A label stating that milk 11 was not produced from a herd administered with a synthetic 12 bovine growth hormone must be verified by the signed affidavit 13 of the producer. The department is required to develop label 14 requirements, including a label indicating that the milk or 15 dairy product is “farmer-certified rbGH free”. 16 The bill provides that a person who knowingly sells milk or 17 a dairy product in violation of the bill is subject to a civil 18 penalty of not more than $1,000 for each day of the violation. 19 Currently, the department may bring an action in district 20 court in order to restrain a person from selling milk or a 21 dairy product which violates state labeling laws (Code section 22 191.10). The bill provides the same right to an individual 23 or private organization or association. The bill includes a 24 reciprocity provision with other states that have provisions 25 similar to the bill. 26 Division II takes effect on January 1, 2012, except for the 27 provision authorizing the department of agriculture and land 28 stewardship to adopt rules, which takes effect upon enactment. 29 -5- LSB 2096YH (3) 84 da/nh 5/ 5