House File 2357 - Introduced HOUSE FILE 2357 BY HUNTER , KACENA , KEARNS , and GASKILL A BILL FOR An Act providing for a country of origin label and allowing for 1 injunctive relief. 2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 3 TLSB 5586HT (2) 87 da/rn
H.F. 2357 Section 1. NEW SECTION . 191.11 Country of origin labeling 1 program. 2 The department shall adopt rules to establish a notice 3 of country of origin labeling program for beef and pork meat 4 products, that includes muscle cuts of beef, muscle cuts of 5 pork, ground beef, and ground pork sold in this state on 6 a retail basis. The rules shall be based on regulations 7 requiring country of origin labeling for those products as 8 published in the Federal Register, Vol. 74, No. 10, January 9 15, 2009. The department shall not adopt such rules until it 10 obtains any necessary waiver from the United States department 11 of agriculture or until necessary legislation authorizing the 12 program is enacted by the United States Congress. If the 13 department determines that it requires state legislation prior 14 to adopting any rules under this section, the department shall 15 prepare and submit such legislation for the eighty-eighth 16 general assembly prior to its first session convening. The 17 department shall submit a report to the general assembly 18 not later than January 1, 2019, detailing its progress in 19 implementing this Act. 20 EXPLANATION 21 The inclusion of this explanation does not constitute agreement with 22 the explanation’s substance by the members of the general assembly. 23 BILL’S PROVISIONS. This bill amends Code chapter 191 that 24 sets forth labeling requirements for food products as regulated 25 by the department of agriculture and land stewardship (DALS). 26 The bill requires DALS to adopt rules to establish a notice 27 of country of origin labeling program for beef and pork meat 28 products sold in this state on a retail basis. The rules must 29 be based on United States department of agriculture regulations 30 published in the Federal Register in 2009. Congress enacted 31 legislation that removed mandatory labeling requirements 32 contained in those rules pursuant to the “Consolidated 33 Appropriations Act, 2016” (Pub. L. No. 114-113). The bill 34 provides that DALS is not to adopt such rules unless it first 35 -1- LSB 5586HT (2) 87 da/rn 1/ 2
H.F. 2357 obtains any necessary waiver by the United States department 1 of agriculture or until legislation is enacted by the United 2 States Congress granting any necessary authorization. If DALS 3 determines it requires state legislation to further implement 4 the program, it is required to prepare such legislation for 5 consideration by the 88th General Assembly during its first 6 session. DALS must submit a report to the general assembly 7 not later than January 1, 2019, detailing its progress in 8 implementing the bill’s provisions. 9 INJUNCTIVE RELIEF. DALS is authorized to restrain a person 10 violating a provision in the Code chapter, including a rule 11 adopted by the agency by petition in the district court where 12 the violation occurs for injunctive relief. 13 -2- LSB 5586HT (2) 87 da/rn 2/ 2