House File 2408 - Introduced HOUSE FILE 2408 BY COMMITTEE ON AGRICULTURE (SUCCESSOR TO HSB 623) A BILL FOR An Act regulating the sale of eggs by grocery stores 1 participating in a federal program. 2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 3 TLSB 5446HV (3) 87 da/rj

H.F. 2408 Section 1. NEW SECTION . 135.16A Vendors participating in 1 federal programs —— egg sales. 2 1. As used in this section, unless the context otherwise 3 requires: 4 a. “Conventional eggs” means eggs others than specialty 5 eggs. 6 b. “Eggs” means shell eggs that are graded as “AA”, “A”, or 7 “B” pursuant to 7 C.F.R. pt. 56, subpt. A, and that are sold at 8 retail in commercial markets. 9 c. “Federal food program” means the special supplemental 10 food program for women, infants, and children as provided in 11 42 U.S.C. §1786, et seq. 12 d. “Grocery store” means a food establishment as defined 13 in section 137F.1 licensed by the department of inspections 14 and appeals pursuant to section 137F.4, to sell food or food 15 products to customers intended for preparation or consumption 16 off premises. 17 e. “Specialty eggs” means eggs produced by domesticated 18 chickens, and sold at retail in commercial markets if the 19 chickens producing such eggs are advertised as being housed in 20 any of the following environments: 21 (1) Cage-free. 22 (2) Free-range. 23 (3) Enriched colony cage. 24 2. a. The department of inspections and appeals shall 25 assist the Iowa department of public health in adopting rules 26 necessary to implement and administer this section. 27 b. If necessary to implement, administer, and enforce this 28 section, the Iowa department of public health, in cooperation 29 with the department of agriculture and land stewardship, shall 30 submit a request to the United States department of agriculture 31 for a waiver or other exception from regulations as deemed 32 feasible by the Iowa department of public health. The Iowa 33 department of public health shall regularly report the status 34 of such request to the legislative services agency. 35 -1- LSB 5446HV (3) 87 da/rj 1/ 3

H.F. 2408 3. A grocery store that is a vendor participating in a 1 federal food program and offering specialty eggs for retail 2 sale shall maintain an inventory of conventional eggs for 3 retail sale sufficient to meet federal and state requirements 4 for participation in the federal food program. 5 4. This section does not require a grocery store to do any 6 of the following: 7 a. Stock or sell specialty eggs. 8 b. Stock or sell eggs, if the grocery store elects not to 9 stock or sell conventional eggs for retail sale as part of its 10 normal business. 11 c. Comply with the provisions of this section, if the 12 grocery store’s inventory of eggs for retail sale was limited 13 to specialty eggs prior to January 1, 2018. 14 5. A violation of subsection 3 by a grocery store 15 shall not be construed to disqualify a grocery store from 16 participating in a federal food program unless otherwise 17 authorized by the United States department of agriculture. 18 EXPLANATION 19 The inclusion of this explanation does not constitute agreement with 20 the explanation’s substance by the members of the general assembly. 21 GENERAL. This bill applies to a grocery store that 22 participates as a vendor in the special supplemental food 23 program for women, infants, and children (WIC). Under the 24 bill’s provisions, if a grocery store carries an inventory of 25 specialty eggs for retail sale it must also carry an inventory 26 of conventional eggs (shell eggs that are not considered 27 specialty eggs) for sale. Under the bill, specialty eggs are 28 described as having been produced by chickens advertised as 29 having been housed in a cage-free, free-range, or enriched 30 colony cage environment. 31 ADMINISTRATIVE RESPONSIBILITIES. WIC is administered by the 32 United States department of agriculture (USDA) in conjunction 33 with the Iowa department of public health (department). 34 Generally, standards for the commercial production and 35 -2- LSB 5446HV (3) 87 da/rj 2/ 3

H.F. 2408 marketing of eggs (by egg-laying hens) are established by 1 several federal agencies including the USDA (21 U.S.C. §1031 et 2 seq.). The bill requires the department of public health to 3 implement, administer, and enforce its provisions, including 4 by: (1) adopting rules in consultation with the department of 5 inspections and appeals, and (2) applying for a waiver from the 6 USDA in cooperation with the department of agriculture and land 7 stewardship if needed. 8 EXCEPTIONS. The bill’s provisions do not require a grocery 9 store to: (1) stock eggs if it does not stock specialty eggs 10 for sale or (2) stock conventionally produced eggs for sale if 11 it had not stocked such eggs for sale prior to January 1, 2018. 12 -3- LSB 5446HV (3) 87 da/rj 3/ 3