Senate
Study
Bill
1130
-
Introduced
SENATE
FILE
_____
BY
(PROPOSED
COMMITTEE
ON
AGRICULTURE
BILL
BY
CHAIRPERSON
SENG)
A
BILL
FOR
An
Act
relating
to
the
certification
of
milk,
and
the
transfer
1
of
duties
from
the
department
of
public
health
to
the
2
department
of
agriculture
and
land
stewardship.
3
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
4
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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repealed,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
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the
effect
of
this
Act
shall
be
done
as
part
of
the
normal
1
replacement
cycle
for
such
items.
2
EXPLANATION
3
This
bill
relates
to
the
regulation
of
milk
or
milk
4
products,
including
labeling
requirements
(Code
chapter
191)
5
or
production,
processing,
or
distribution
requirements
(Code
6
chapter
192),
as
administered
and
enforced
by
the
department
of
7
agriculture
and
land
stewardship.
A
person
who
stores,
brings,
8
sends,
or
receives
milk
or
milk
products
into
this
state
for
9
commercial
purposes
must
be
issued
a
permit
by
the
department
10
(Code
section
192.107).
11
The
department
of
public
health
annually
surveys
and
12
certifies
to
the
department
of
agriculture
and
land
stewardship
13
whether
milk
or
milk
products
comply
with
the
requirements.
14
The
secretary
of
agriculture
then
must
suspend
the
permit
15
of
a
violator
or
withdraw
the
grade
“A”
label
(Code
section
16
192.109).
The
bill
transfers
the
certification
authority
17
from
the
department
of
public
health
to
the
department
of
18
agriculture
and
land
stewardship.
19
The
bill
provides
transitional
provisions
to
assist
the
20
departments
in
accomplishing
the
transfer.
The
provisions
21
relate
to
the
validity
of
existing
rules,
regulations,
forms,
22
orders,
and
directives
promulgated
by
the
department
of
public
23
health;
pending
enforcement
actions;
the
transfer
of
personnel;
24
and
the
replacement
of
items
with
insignia.
25
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