HF 262 (LSB 2313HH (1) 86)

HOUSE FILE 262

BY  STAED

A BILL FOR

An Act prohibiting the slaughter and use of equines as food products to be used for human consumption, providing for penalties, and including effective date provisions.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 189A.2, Code 2015, is amended by adding the following new subsection:
   NEW SUBSECTION.  5A.  “Equine” means the same as defined in section 189B.1.
    Sec. 2.  Section 189A.2, subsections 14 and 16, Code 2015, are amended to read as follows:
   14.  a.  “Livestock” means a live or dead animal which is limited to cattle, sheep, swine, goats, or farm deer, or which is classified as an equine including a horse or mule.
   b.  “Livestock” does not include an equine.
   16.  a.  “Meat food product” means any product capable of use as human food which is made wholly or in part from any meat or other portion of the carcass of any cattle, sheep, swine, or goats, excepting products which contain meat or other portions of such carcasses only in a relatively small proportion or historically have not been considered by consumers as products of the meat food industry, and which are exempted from definition as a meat food product by the secretary under such conditions as the secretary may prescribe to assure that the meat or other portions of such carcass contained in such product are not adulterated and that such products are not represented as meat food products. This term
   b.  “Meat food product” as applied to food products of equines or farm deer shall have a meaning comparable to that provided in this paragraph “a” with respect to cattle, sheep, swine, and goats.
   c.  “Meat food product” does not include any part of an equine.
    Sec. 3.  Section 189A.7, subsection 6, Code 2015, is amended by striking the subsection.
    Sec. 4.  Section 189A.8, subsection 1, Code 2015, is amended by striking the subsection.
    Sec. 5.  NEW SECTION.  189B.1  Definitions.
   1.  “Equine” means an animal which is a member of the taxonomic family equidae, and includes donkeys, horses, and mules.
   2.  a.  “Equine food product” means any item derived from an equine that may be used for human consumption, including but not limited to muscle tissue, fat, internal organs, entrails, blood, soft tissue, and bone marrow.
   b.  “Food product” includes an item that is in a consumable state or that is to be made into a consumable state after being further processed.
   3.  “Local authority” means the same as defined in section 717B.1.
   4.  “Slaughter” means to kill an equine for purposes of obtaining an equine food product.
    Sec. 6.  NEW SECTION.  189B.2  Application.

   Nothing in this chapter shall be construed to authorize a criminal prosecution or civil action to be commenced against a person who purchases an equine food product for their personal consumption.
    Sec. 7.  NEW SECTION.  189B.3  Local authorities.

   A local authority, in cooperation with the attorney general, shall administer and enforce the provisions of this chapter.
    Sec. 8.  NEW SECTION.  189B.4  Wrongful conversion of an equine —— criminal penalty.
   1.  A person commits the offense of wrongful conversion of an equine by doing any of the following:
   a.  Slaughtering an equine for purposes of obtaining an equine food product, if the person knows that the equine food product is to be used for human consumption.
   b.  Possessing an equine for sale, offer for sale, or exhibition, if the person knows the equine will be slaughtered and that an equine food product obtained from the slaughtered equine is to be used for human consumption.
   c.  Transporting, or being a party to an arrangement involving the transportation of, an equine, if the person knows that the equine is to be slaughtered for purposes of obtaining an equine food product that is to be used for human consumption.
   2.  A person committing wrongful conversion of an equine is guilty of an aggravated misdemeanor.
    Sec. 9.  NEW SECTION.  189B.5  Trafficking in equine food products —— criminal penalty.
   1.  A person commits the offense of trafficking in equine food products by doing any of the following:
   a.  Storing or transporting a food product derived from a slaughtered equine, if the person knows that the food product is derived from a slaughtered equine and the food product is to be used for human consumption.
   b.  Being a party to an arrangement involving the storage or transportation of a food product derived from a slaughtered equine, if the person knows that the food product is derived from a slaughtered equine and the food product is to be used for human consumption. 
   2.  A person committing the offense of trafficking in equine food products is guilty of an aggravated misdemeanor.
    Sec. 10.  NEW SECTION.  189B.6  Confiscation and disposition of equines.
   1.  A local authority may confiscate an equine that is subject to wrongful conversion pursuant to section 189B.4. An equine so confiscated shall be considered neglected under section 717.2, may be rescued as provided in section 717.2A, and may be subject to disposition as provided in section 717.5.
   2.  An equine subject to wrongful conversion pursuant to section 189B.4 that is not confiscated under subsection 1 shall be forfeited to the state and subject to disposition as ordered by the court. In addition, the court shall order the person with an ownership interest in the equine to pay an amount which shall not be more than the expenses incurred in maintaining or disposing of the equine. The court may also order that the person pay reasonable attorney fees and expenses related to the investigation of the case that shall be taxed as other court costs. If more than one person has a divisible ownership interest in the equine, the amount required to be paid shall be prorated based on the percentage of interest in the equine owned by each person. The moneys shall be paid to the local authority incurring the expense. The amount shall be subtracted from proceeds which are received from any sale of the animal ordered by the court.
    Sec. 11.  EFFECTIVE UPON ENACTMENT.  This Act, being deemed of immediate importance, takes effect upon enactment.
EXPLANATION
The inclusion of this explanation does not constitute agreement with

the explanation’s substance by the members of the general assembly.
   GENERAL. This bill prohibits the slaughter of equines, including by amending Iowa’s “Meat and Poultry Inspection Act” (Code chapter 189A) and creating a new chapter (Code chapter 189B). The bill defines the term “equine” to mean a member of the taxonomic family equidae, and includes donkeys, horses, and mules.
   EXISTING CODE CHAPTER —— IOWA’S “MEAT AND POULTRY INSPECTION ACT”. The bill amends the definition of livestock subject to slaughter at an establishment regulated by the department of agriculture and land stewardship, by providing that an equine is not livestock and is not part of a meat food product (Code section 189A.2). It also eliminates a provision which authorizes the transportation and sale of an equine carcass (Code section 189A.8).
   NEW CODE CHAPTER —— CRIMINAL OFFENSES. The bill provides for two related offenses: wrongful conversion of an equine and trafficking in equine food products. The first offense is committed when a person slaughters an equine, sells or exhibits an equine, or transports an equine knowing that the equine is to be slaughtered for purposes of obtaining a food product and that food product will be used for human consumption. The second offense is committed by a person storing or transporting a food product derived from a slaughtered equine, or being a party to an arrangement involving the storage or transportation of a food product derived from a slaughtered equine. The person must know that the food product is to be used for human consumption.
   CRIMINAL PENALTIES. A person who violates Iowa’s meat and poultry inspection Act is guilty of a simple misdemeanor (Code section 189A.17). A person who commits the new offense of wrongful slaughter of an equine or trafficking in equine food products is guilty of an aggravated misdemeanor. A simple misdemeanor is punishable by confinement for not more than 30 days or a fine of at least $65 but not more than $625 or by both. An aggravated misdemeanor is punishable by confinement for no more than two years and a fine of at least $625 but not more than $6,250.
   CONFISCATION AND DISPOSITION OF EQUINES. A local authority such as a county may confiscate (rescue) an equine involved in a wrongful conversion in the same manner as neglected livestock under Code chapter 717. A court must order the disposition upon a petition filed by a local authority. The order may include provisions for the payment of expenses incurred by a person maintaining the livestock. An equine that is not confiscated and disposed of as neglected must be forfeited to the state and subject to disposition as ordered by the court. A court must order that a person who owns the equine pay for expenses incurred in maintaining or disposing of the equine. The court may also order that the person pay reasonable attorney fees and expenses related to the investigation of the case.
   EFFECTIVE DATE. The bill takes effect upon enactment.