S.F. 2178 Section 1. Section 189A.2, Code 2014, is amended by adding 1 the following new subsection: 2 NEW SUBSECTION . 5A. “Equine” means the same as defined in 3 section 189B.1. 4 Sec. 2. Section 189A.2, subsections 14 and 16, Code 2014, 5 are amended to read as follows: 6 14. a. “Livestock” means a live or dead animal which is 7 limited to cattle, sheep, swine, goats, or farm deer , or which 8 is classified as an equine including a horse or mule . 9 b. “Livestock” does not include an equine. 10 16. a. “Meat food product” means any product capable of use 11 as human food which is made wholly or in part from any meat or 12 other portion of the carcass of any cattle, sheep, swine, or 13 goats, excepting products which contain meat or other portions 14 of such carcasses only in a relatively small proportion 15 or historically have not been considered by consumers as 16 products of the meat food industry, and which are exempted 17 from definition as a meat food product by the secretary under 18 such conditions as the secretary may prescribe to assure that 19 the meat or other portions of such carcass contained in such 20 product are not adulterated and that such products are not 21 represented as meat food products. 22 b. This term “Meat food product” as applied to food products 23 of equines or farm deer shall have a meaning comparable to that 24 provided in this paragraph “a” with respect to cattle, sheep, 25 swine, and goats. 26 c. “Meat food product” does not include any part of an 27 equine. 28 Sec. 3. Section 189A.7, subsection 6, Code 2014, is amended 29 by striking the subsection. 30 Sec. 4. Section 189A.8, subsection 1, Code 2014, is amended 31 by striking the subsection. 32 Sec. 5. NEW SECTION . 189B.1 Definitions. 33 1. “Equine” means an animal which is a member of the 34 taxonomic family equidae, and includes donkeys, horses, and 35 -1- LSB 5394XS (4) 85 da/rj 1/ 5

S.F. 2178 mules. 1 2. a. “Equine food product” means any item derived from an 2 equine that may be used for human consumption, including but 3 not limited to muscle tissue, fat, internal organs, entrails, 4 blood, soft tissue, and bone marrow. 5 b. “Food product” includes an item that is in a consumable 6 state or that is to be made into a consumable state after being 7 further processed. 8 3. “Local authority” means the same as defined in section 9 717B.1. 10 4. “Slaughter” means to kill an equine for purposes of 11 obtaining an equine food product. 12 Sec. 6. NEW SECTION . 189B.2 Application. 13 Nothing in this chapter shall be construed to authorize a 14 criminal prosecution or civil action to be commenced against a 15 person who purchases an equine food product for their personal 16 consumption. 17 Sec. 7. NEW SECTION . 189B.3 Local authorities. 18 A local authority, in cooperation with the attorney general, 19 shall administer and enforce the provisions of this chapter. 20 Sec. 8. NEW SECTION . 189B.4 Wrongful conversion of an 21 equine —— criminal penalty. 22 1. A person commits the offense of wrongful conversion of an 23 equine by doing any of the following: 24 a. Slaughtering an equine for purposes of obtaining an 25 equine food product, if the person knows that the equine food 26 product is to be used for human consumption. 27 b. Possessing an equine for sale, offer for sale, or 28 exhibition, if the person knows the equine will be slaughtered 29 and that an equine food product obtained from the slaughtered 30 equine is to be used for human consumption. 31 c. Transporting, or being a party to an arrangement 32 involving the transportation of, an equine, if the person 33 knows that the equine is to be slaughtered for purposes of 34 obtaining an equine food product that is to be used for human 35 -2- LSB 5394XS (4) 85 da/rj 2/ 5

S.F. 2178 consumption. 1 2. A person committing wrongful conversion of an equine is 2 guilty of an aggravated misdemeanor. 3 Sec. 9. NEW SECTION . 189B.5 Trafficking in equine food 4 products —— criminal penalty. 5 1. A person commits the offense of trafficking in equine 6 food products by doing any of the following: 7 a. Storing or transporting a food product derived from a 8 slaughtered equine, if the person knows that the food product 9 is derived from a slaughtered equine and the food product is to 10 be used for human consumption. 11 b. Being a party to an arrangement involving the storage 12 or transportation of a food product derived from a slaughtered 13 equine, if the person knows that the food product is derived 14 from a slaughtered equine and the food product is to be used 15 for human consumption. 16 2. A person committing the offense of trafficking in equine 17 food products is guilty of an aggravated misdemeanor. 18 Sec. 10. NEW SECTION . 189B.6 Confiscation and disposition 19 of equines. 20 1. A local authority may confiscate an equine that is 21 subject to wrongful conversion pursuant to section 189B.4. 22 An equine so confiscated shall be considered neglected under 23 section 717.2, may be rescued as provided in section 717.2A, 24 and may be subject to disposition as provided in section 717.5. 25 2. An equine subject to wrongful conversion pursuant to 26 section 189B.4 that is not confiscated under subsection 1 27 shall be forfeited to the state and subject to disposition 28 as ordered by the court. In addition, the court shall order 29 the person with an ownership interest in the equine to pay an 30 amount which shall not be more than the expenses incurred in 31 maintaining or disposing of the equine. The court may also 32 order that the person pay reasonable attorney fees and expenses 33 related to the investigation of the case that shall be taxed 34 as other court costs. If more than one person has a divisible 35 -3- LSB 5394XS (4) 85 da/rj 3/ 5

S.F. 2178 ownership interest in the equine, the amount required to be 1 paid shall be prorated based on the percentage of interest in 2 the equine owned by each person. The moneys shall be paid to 3 the local authority incurring the expense. The amount shall be 4 subtracted from proceeds which are received from any sale of 5 the animal ordered by the court. 6 Sec. 11. EFFECTIVE UPON ENACTMENT. This Act, being deemed 7 of immediate importance, takes effect upon enactment. 8 EXPLANATION 9 The inclusion of this explanation does not constitute agreement with 10 the explanation’s substance by the members of the general assembly. 11 GENERAL. This bill prohibits the slaughter of equines, 12 including by amending Iowa’s “Meat and Poultry Inspection Act” 13 (Code chapter 189A) and creating a new chapter (Code chapter 14 189B). The bill defines the term “equine” to mean a member of 15 the taxonomic family equidae, and includes donkeys, horses, and 16 mules. 17 EXISTING CODE CHAPTER —— IOWA’S “MEAT AND POULTRY INSPECTION 18 ACT”. The bill amends the definition of livestock subject 19 to slaughter at an establishment regulated by the department 20 of agriculture and land stewardship, by providing that an 21 equine is not livestock and is not part of a meat food product 22 (Code section 189A.2). It also eliminates a provision which 23 authorizes the transportation and sale of an equine carcass 24 (Code section 189A.8). 25 NEW CODE CHAPTER —— CRIMINAL OFFENSES. The bill provides 26 for two related offenses: wrongful conversion of an equine 27 and trafficking in equine food products. The first offense is 28 committed when a person slaughters an equine, sells or exhibits 29 an equine, or transports an equine knowing that the equine is 30 to be slaughtered for purposes of obtaining a food product and 31 that food product will be used for human consumption. The 32 second offense is committed by a person storing or transporting 33 a food product derived from a slaughtered equine, or being a 34 party to an arrangement involving the storage or transportation 35 -4- LSB 5394XS (4) 85 da/rj 4/ 5

S.F. 2178 of a food product derived from a slaughtered equine. The 1 person must know that the food product is to be used for human 2 consumption. 3 CRIMINAL PENALTIES. A person who violates Iowa’s meat and 4 poultry inspection Act is guilty of a simple misdemeanor (Code 5 section 189A.17). A person who commits the new offense of 6 wrongful slaughter of an equine or trafficking in equine food 7 products is guilty of an aggravated misdemeanor. A simple 8 misdemeanor is punishable by confinement for not more than 30 9 days or a fine of at least $65 but not more than $625 or by 10 both. An aggravated misdemeanor is punishable by confinement 11 for no more than two years and a fine of at least $625 but not 12 more than $6,250. 13 CONFISCATION AND DISPOSITION OF EQUINES. A local authority 14 such as a county may confiscate (rescue) an equine involved in 15 a wrongful conversion in the same manner as neglected livestock 16 under Code chapter 717. A court must order the disposition 17 upon a petition filed by a local authority. The order may 18 include provisions for the payment of expenses incurred by 19 a person maintaining the livestock. An equine that is not 20 confiscated and disposed of as neglected must be forfeited to 21 the state and subject to disposition as ordered by the court. 22 A court must order that a person who owns the equine pay for 23 expenses incurred in maintaining or disposing of the equine. 24 The court may also order that the person pay reasonable 25 attorney fees and expenses related to the investigation of the 26 case. 27 EFFECTIVE DATE. The bill takes effect upon enactment. 28 -5- LSB 5394XS (4) 85 da/rj 5/ 5