SENATE FILE 369

BY  SORENSON

A BILL FOR

An Act providing for a moratorium on regulations affecting the sale of unprocessed food, and including effective date provisions.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

   Section 1.  MORATORIUM ON REGULATIONS AFFECTING THE SALE OF UNPROCESSED FOOD.
   1.  As used in this section, unless the context otherwise requires:
   a.  “State agency” means any unit of state government designated as an authority, board, commission, committee, council, department, or independent agency as defined in section 7E.4, including but not limited to each principal central department enumerated in section 7E.5.
   b.  “Unprocessed food” means food that is an agricultural commodity sold for consumption in its raw state without being subjected to a change in form, condition, or temperature, including but not limited to raw milk, eggs in the shell, nuts in the shell, honey in the comb, fresh fruit, and fresh vegetables.
   2.  Notwithstanding any other provision to the contrary, a moratorium is declared on every state agency’s administration and enforcement of statutes and rules affecting the sale of unprocessed food in this state, including but not limited to all of the following:
   a.  The issuance of permits or licenses.
   b.  The inspection of the unprocessed food or an establishment that sells unprocessed food.
   c.  The labeling of unprocessed food or containers containing unprocessed food. 
   3.  This section takes effect July 1, 2012.
   Sec. 2.  REPORT BY STATE AGENCIES.  The department of agriculture and land stewardship, the department of public health, and the department of inspections and appeals, shall cooperate to publish and prepare a joint report to the general assembly not later than January 1, 2012. The report shall provide a list of all statutes and rules affected by this Act and proposals to most effectively amend or repeal those statutes and rules without affecting the administration and enforcement of other provisions.
EXPLANATION
   This bill provides that, notwithstanding any other provision to the contrary, a moratorium exists on every state agency’s administration and enforcement of statutes and rules affecting the sale of unprocessed food in this state. Unprocessed food includes milk, eggs, nuts, honey, fruit, and vegetables. The regulations include the issuance of permits or licenses, the inspection of the unprocessed food or an establishment that sells such food, and labeling. The moratorium takes effect on July 1, 2012. By January 1, 2012, the department of agriculture and land stewardship, the department of public health, and the department of inspections and appeals must submit a joint report to the general assembly outlining all statutes and rules affected by the moratorium and proposals to most effectively amend or repeal those statutes and rules.