House Study Bill 111 - Introduced HOUSE FILE _____ BY (PROPOSED COMMITTEE ON AGRICULTURE BILL BY CHAIRPERSON SWEENEY) A BILL FOR An Act providing for the transfer of duties relating 1 to the certification of milk from the department of 2 public health to the department of agriculture and land 3 stewardship, providing for the transition, and providing an 4 appropriation. 5 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 6 TLSB 2484YC (3) 84 da/nh

H.F. _____ Section 1. Section 192.109, Code 2011, is amended to read 1 as follows: 2 192.109 Certification of grade “A” label. 3 The Iowa department of public health agriculture and 4 land stewardship shall annually survey and certify all 5 milk labeled grade “A” pasteurized and grade “A” raw milk 6 for pasteurization, and, in the event a survey shows the 7 requirements for production, processing, and distribution for 8 such grade are not being complied with, the fact thereof shall 9 be certified by the Iowa department of public health to the 10 secretary of agriculture who shall proceed with the provisions 11 of section 192.107 for suspending the permit of the violator or 12 who, if the secretary did not issue such permit, shall withdraw 13 the grade “A” declared on the label. 14 Sec. 2. ADMINISTRATIVE RULES —— TRANSITION PROVISIONS. 15 1. Any rule, regulation, form, order, or directive 16 promulgated by the department of public health as required to 17 administer and enforce the provisions of section 192.109 shall 18 continue in full force and effect until amended, repealed, 19 or supplemented by affirmative action of the department of 20 agriculture and land stewardship. 21 2. An administrative hearing or court proceeding arising 22 out of an enforcement action under section 192.109 pending 23 on the effective date of this Act shall not be affected due 24 to this Act. Any cause of action or statute of limitation 25 relating to an action taken by the department of public health 26 shall not be affected as a result of this Act and such cause 27 or statute of limitation shall apply to the department of 28 agriculture and land stewardship. 29 3. Any personnel in the state merit system of employment 30 who are mandatorily transferred due to the effect of this Act 31 shall be so transferred without any loss in salary, benefits, 32 or accrued years of service. 33 4. Any replacement of signs, logos, stationery, insignia, 34 uniforms, and related items that is made necessary due to 35 -1- LSB 2484YC (3) 84 da/nh 1/ 3

H.F. _____ the effect of this Act shall be done as part of the normal 1 replacement cycle for such items. 2 Sec. 3. DEPARTMENT OF AGRICULTURE AND LAND STEWARDSHIP —— 3 CERTIFICATION OF MILK. There is appropriated from the general 4 fund of the state to the department of agriculture and land 5 stewardship for the fiscal year beginning July 1, 2011, and 6 ending June 30, 2012, the following amount, or so much thereof 7 as is necessary, to be used for the purposes designated: 8 For purposes of performing functions pursuant to section 9 192.109, including conducting a survey of grade “A” milk 10 and certifying the results to the secretary of agriculture, 11 including salaries, support, maintenance, miscellaneous 12 purposes, and for not more than the following full-time 13 equivalent positions: 14 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 189,196 15 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 2.00 16 EXPLANATION 17 This bill relates to the regulation of milk or milk 18 products, including labeling requirements (Code chapter 191) 19 or production, processing, or distribution requirements (Code 20 chapter 192), as administered and enforced by the department of 21 agriculture and land stewardship. A person who stores, brings, 22 sends, or receives milk or milk products into this state for 23 commercial purposes must be issued a permit by the department 24 (Code section 192.107). 25 The department of public health annually surveys and 26 certifies to the department of agriculture and land stewardship 27 whether milk or milk products comply with the requirements. 28 The secretary of agriculture then must suspend the permit 29 of a violator or withdraw the grade “A” label (Code section 30 192.109). The bill transfers the certification authority 31 from the department of public health to the department of 32 agriculture and land stewardship. 33 The bill provides transitional provisions to assist the 34 departments in accomplishing the transfer. The provisions 35 -2- LSB 2484YC (3) 84 da/nh 2/ 3

H.F. _____ relate to the validity of existing rules, regulations, forms, 1 orders, and directives promulgated by the department of public 2 health; pending enforcement actions; the transfer of personnel; 3 and the replacement of items with insignia. 4 The bill appropriates moneys from the general fund of the 5 state and allocates full-time equivalent positions to the 6 department of agriculture and land stewardship for purposes 7 of conducting the survey and certifying the results to the 8 secretary of agriculture. 9 -3- LSB 2484YC (3) 84 da/nh 3/ 3