HOUSE FILE 375

BY  MURPHY

A BILL FOR

An Act providing labeling requirements for certain genetically modified agricultural commodities and products, making penalties applicable, providing penalties, and including effective date provisions.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

DIVISION I

GENETICALLY MODIFIED AGRICULTURAL SEEDS
   Section 1.  Section 199.1, subsection 2, Code 2011, is amended to read as follows:
   2.  “Agricultural seed” means grass, forage, cereal, oil, fiber, and any other kind of crop seed commonly recognized within this state as agricultural seed, lawn seed, vegetable seed, or seed mixtures. Agricultural seed “Agricultural seed” includes such seed regardless of whether it has been genetically modified. “Agricultural seed” may include any additional seed the secretary designates by rules rule.
   Sec. 2.  Section 199.1, Code 2011, is amended by adding the following new subsection:
   NEW SUBSECTION.  6A.  “Genetically modified” means to alter the genetic characteristics of a plant by modifying the deoxyribonucleic acid of the plant’s seed in a manner other than by breeding or pollination.
   Sec. 3.  NEW SECTION.  199.7A  Agricultural seed offer —— disclosure.
   A person required to label a container of agricultural seed pursuant to section 199.3 shall not sell genetically modified agricultural seed in a container, unless the person segregates the per-container costs associated with making the genetic modifications and the per-container costs of the agricultural seed had it not been genetically modified. The segregated costs shall be made available to a person who may purchase the genetically modified agricultural seed prior to the purchase. The person required to label the container may provide the segregated costs in a printed format or on their internet website.

DIVISION II

GENETICALLY MODIFIED MILK

AND DAIRY PRODUCTS
   Sec. 4.  NEW SECTION.  191.9A  Synthetic bovine growth hormone —— penalty.
   1.  As used in this section, unless the context otherwise requires:
   a.  “Dairy product” means a milk product or any product in which milk is a principal ingredient at any temperature and in either a manufactured or unmanufactured state. “Dairy product”includes but is not limited to butter, condensed milk, cheese, cream, cottage cheese, ricotta cheese, sour cream, yogurt, or ice cream. 
   b.  “Milk” means any milk that is regulated by the department under chapter 192, including as provided in the Grade “A” Pasteurized Milk Ordinance, as provided in section 192.102.
   c.  “Synthetic bovine growth hormone” means a genetically engineered protein derived from bovine somatotropin and referred to as recombinant bovine somatotropin or recombinant bovine growth hormone.
   2.  This section applies to milk originating from a dairy herd in this state if the milk is sold in this state on a retail basis, or to a dairy product that is derived from such milk, if the dairy product is manufactured in this state and sold in this state on a retail basis. The milk or dairy product must be labeled as provided in this section. The label shall notify the public of any of the following:
   a.  The milk is produced from a dairy herd that has been administered with a synthetic bovine growth hormone or the dairy product is derived from such milk.
   b.  The milk may have been produced from a dairy herd that has been administered with a synthetic bovine growth hormone or the dairy product is derived from such milk.
   c.  The milk has not been produced from a dairy herd that has been administered with a synthetic bovine growth hormone or the dairy product is derived from such milk. For labeling pursuant to this paragraph, the department shall require the use of affidavits from milk producers stating that the dairy herd was not administered with synthetic bovine growth hormones.
   3.  The department shall develop label requirements by rule for operators of milk plants required to be issued a permit under chapter 192, food establishments or food processing plants required to be issued a license pursuant to chapter 137F, and home food establishments required to be issued a license pursuant to chapter 137D. The requirements shall include provisions for a label indicating that milk or milk used to produce a dairy product is “farmer-certified free” or an equivalent statement. 
   4.  This section applies notwithstanding section 189.11. 
   5.  A person who knowingly sells milk or a dairy product in violation of this section is subject to a civil penalty of not more than one thousand dollars. Each day that the violation continues constitutes a separate violation. Civil penalties shall be assessed by the district court in an action initiated by the department or attorney general. Civil penalties collected under this section shall be deposited in the general fund of the state.
   6.  In addition to the remedies provided in section 191.10, an individual or private organization or association may bring an action in district court to restrain a person from selling milk or a dairy product in violation of this section. A petitioner shall not be required to allege facts necessary to show, or tending to show, a lack of adequate remedy at law, or that irreparable damage or loss will result if the action is brought at law or that unique or special circumstances exist.
   7.  A person may sell milk or a dairy product that is labeled for retail sale in another state the label of which indicates that the milk or dairy product is not produced from a dairy herd being administered synthetic bovine growth hormone only if the milk or dairy product is from a state identified by the department as having laws comparable to this state’s laws on labeling milk or dairy products not produced with synthetic bovine growth hormone and is labeled in compliance with the laws of that state. 
   Sec. 5.  RULES.  The department of agriculture and land stewardship shall adopt rules necessary in order to administer this division of this Act.
   Sec. 6.  EFFECTIVE DATE.  This division of this Act takes effect January 1, 2012. However, the section of this division of this Act requiring the department of agriculture and land stewardship to adopt rules shall take effect upon enactment.
EXPLANATION
   DIVISION I —— GENETICALLY MODIFIED AGRICULTURAL SEEDS. This division of this bill amends Code chapter 199, Iowa’s seed law, which generally provides for labeling requirements. The bill amends the Code chapter’s definition of “agricultural seed” which includes grass, forage, cereal, oil, fiber, and any other kind of crop seed, lawn seed, vegetable seed, or seed mixture. The bill provides that “agricultural seed” includes any such seed regardless of whether it has been genetically modified (changing its genetic characteristics in a manner other than breeding or pollination).
   The bill provides that a person required to label a container of agricultural seed cannot sell genetically modified agricultural seed in a container, unless the person segregates the per-container costs associated with making the genetic modifications and the per-container costs of the agricultural seed if it had not been genetically modified. The bill provides that the labeler must provide the segregated costs in a printed format or on their internet website.
   Code section 199.13 provides that a person who violates the provisions of the Code chapter is guilty of a simple misdemeanor. A simple misdemeanor is punishable by confinement for no more than 30 days or a fine of at least $65 but not more than $625 or by both.
   DIVISION II —— GENETICALLY MODIFIED MILK AND DAIRY PRODUCTS.  This division of the bill amends Code chapter 191 which regulates the labeling of foods in Iowa, including milk and dairy products. The Code chapter is administered by the department of agriculture and land stewardship.
   The bill provides that milk and related dairy products must be labeled to indicate whether the originating dairy herd producing the milk was administered a synthetic bovine growth hormone also referred to as recombinant bovine somatotropin (rbST) or recombinant bovine growth hormone (rbGH). The bill provides labeling requirements for the retail sale of milk produced in this state or a dairy product manufactured in this state which uses milk produced in this state. The label must indicate whether the milk may have been, was, or was not produced from a herd in this state which was administered with a synthetic bovine growth hormone. A label stating that milk was not produced from a herd administered with a synthetic bovine growth hormone must be verified by the signed affidavit of the producer. The department is required to develop label requirements, including a label indicating that the milk or dairy product is “farmer-certified rbGH free”.
   The bill provides that a person who knowingly sells milk or a dairy product in violation of the bill is subject to a civil penalty of not more than $1,000 for each day of the violation. Currently, the department may bring an action in district court in order to restrain a person from selling milk or a dairy product which violates state labeling laws (Code section 191.10). The bill provides the same right to an individual or private organization or association. The bill includes a reciprocity provision with other states that have provisions similar to the bill.
   Division II takes effect on January 1, 2012, except for the provision authorizing the department of agriculture and land stewardship to adopt rules, which takes effect upon enactment.