SENATE FILE 477

BY  COMMITTEE ON AGRICULTURE

(SUCCESSOR TO SSB 1129)

(COMPANION TO HF 453 BY COMMITTEE ON AGRICULTURE)

A BILL FOR

An Act relating to the regulation of egg production, and including effective date provisions.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

   Section 1.  Section 10A.104, subsection 12, Code 2011, is amended to read as follows:
   12.  Administer inspections and licensing of hotels, and home food establishments, and egg handlers.
   Sec. 2.  Section 196.1, subsection 3, Code 2011, is amended to read as follows:
   3.  “Department” means the department of inspections and appeals, as established in section 10A.102 agriculture and land stewardship.
   Sec. 3.  ADMINISTRATIVE RULES —— TRANSITION PROVISIONS.
   1.
  a.  Any rule, regulation, form, order, or directive promulgated by the department of inspections and appeals as required to administer and enforce the provisions of chapter 196 shall continue in full force and effect until amended, repealed, or supplemented by affirmative action of the department of agriculture and land stewardship. 
   b.  Any license issued by the department of inspections and appeals under chapter 196, and in effect on the effective date of this Act, shall continue in full force and effect until expiration or renewal.
   2.  An administrative hearing or court proceeding arising out of an enforcement action under chapter 196 pending on the effective date of this Act shall not be affected due to this Act. Any cause of action or statute of limitation relating to an action taken by the department of inspections and appeals shall not be affected as a result of this Act and such cause or statute of limitation shall apply to the department of agriculture and land stewardship.
   3.  Any personnel in the state merit system of employment who are mandatorily transferred due to the effect of this Act shall be so transferred without any loss in salary, benefits, or accrued years of service.
   4.  Any replacement of signs, logos, stationery, insignia, uniforms, and related items that is made due to the effect of this Act shall be done as part of the normal replacement cycle for such items.
   Sec. 4.  INTERAGENCY COOPERATION.  The department of inspections and appeals shall assist the department of agriculture and land stewardship in implementing this Act by providing for an effective transition of powers and duties from one agency to another under chapter 196 and related administrative rules. To the extent requested by the department of agriculture and land stewardship, such assistance shall include but is not limited to assisting in providing inspections and cooperating with federal agencies such as the United States food and drug administration and the United States department of agriculture.
   Sec. 5.  EFFECTIVE DATES.
   1.  Except as provided in subsection 2, this Act takes effect July 1, 2012.
   2.  The section of this Act that provides for interagency cooperation, being deemed of immediate importance, takes effect upon enactment.
EXPLANATION
   This bill amends Code chapter 196, which regulates egg production and marketing, including the regulation of so-called “egg handlers” who engage in the purchase or sale of eggs or the use of eggs in the preparation of human food. The Code chapter is regulated by the department of inspections and appeals. The bill requires the department of agriculture and land stewardship to administer the Code chapter.
   The bill provides transitional provisions to assist the departments in accomplishing the transfer. The provisions relate to the validity of existing rules, regulations, forms, orders, and directives promulgated by the department of inspections and appeals; licenses issued by the department; pending enforcement or civil actions; the transfer of personnel; and replacement of items with insignia. It also requires the departments to cooperate together in order to effectuate the transfer.
   The bill takes effect July 1, 2012, except for the provision requiring interagency cooperation which takes effect upon enactment.