Senate
File
2242
-
Introduced
SENATE
FILE
2242
BY
COMMITTEE
ON
AGRICULTURE
(SUCCESSOR
TO
SSB
3145)
A
BILL
FOR
An
Act
regulating
the
sale
of
eggs
by
grocery
stores
1
participating
in
federal
programs,
and
providing
for
2
penalties.
3
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
4
TLSB
5446SV
(2)
87
da/rj
S.F.
2242
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,
11
infants,
and
children
as
provided
in
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.
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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
shall
not
15
be
construed
to
disqualify
a
grocery
store
from
participating
16
in
a
federal
food
program
unless
otherwise
authorized
by
the
17
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
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2242
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.
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