House File 2420 - Introduced HOUSE FILE 2420 BY STECKMAN A BILL FOR An Act providing for the sale of wild mushrooms by retail food 1 services. 2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 3 TLSB 5792YH (5) 88 da/ns

H.F. 2420 Section 1. Section 137F.1, Code 2020, is amended by adding 1 the following new subsection: 2 NEW SUBSECTION . 13A. “Retail food service” means a farmers 3 market or a food establishment that prepares and serves food 4 for human consumption on premises. 5 Sec. 2. Section 137F.2, subsection 2, Code 2020, is amended 6 to read as follows: 7 2. In establishing minimum standards as described in 8 subsection 1 , the department shall adopt rules for the all of 9 the following: 10 a. The sale at a farmers market of culinary mushrooms 11 commonly referred to as a variety of wild golden oyster and 12 classified as pleurotus ostreatus, pleurotus populinus, or 13 pleurotus pulmonarious. 14 b. The sale of wild mushrooms at a retail food service. 15 Sec. 3. NEW SECTION . 137G.1 Definitions. 16 1. “Department” means the department of inspections and 17 appeals. 18 2. “Retail food service” means the same as defined in 19 section 137F.1. 20 3. “Wild mushroom” means any mushroom that has not been 21 cultivated on a commercial basis in a manner recognized by the 22 department. 23 Sec. 4. NEW SECTION . 137G.2 Safe wild mushrooms. 24 The department shall prepare and publish on its internet 25 site a list of safe wild mushrooms that may be sold or offered 26 for sale by retail food services. 27 Sec. 5. NEW SECTION . 137G.3 Certified wild mushroom 28 harvester. 29 1. The department shall annually certify a person as a wild 30 mushroom harvester if the person has successfully completed a 31 wild mushroom identification training program provided by an 32 accredited college or university or a mycological organization 33 recognized by the department. The department may by rule adopt 34 any other requirements that the department determines are 35 -1- LSB 5792YH (5) 88 da/ns 1/ 3

H.F. 2420 necessary to ensure that wild mushrooms sold by a retail food 1 service are safe. A training program must include the actual 2 identification of physical specimens of mushroom species. 3 2. The department shall maintain a public registry of 4 persons certified as wild mushroom harvesters on its internet 5 site. 6 3. A person certified as a wild mushroom harvester shall 7 maintain business records that provide information as required 8 by the department regarding wild mushrooms that the person 9 inspected. The person shall maintain the business records 10 for at least ninety days after the date of inspection of the 11 applicable wild mushrooms. 12 Sec. 6. NEW SECTION . 137G.4 Sale of wild mushrooms by 13 retail food service. 14 A retail food service shall not sell or offer for sale any 15 species of wild mushroom, unless all of the following apply: 16 1. The species is on the list of safe wild mushrooms 17 prepared and published by the department pursuant to section 18 137G.2. 19 2. The wild mushroom has been inspected and found to be 20 safe by a wild mushroom harvester certified pursuant to section 21 137G.3. 22 Sec. 7. NEW SECTION . 137G.5 Rules. 23 The department shall adopt rules pursuant to chapter 17A and 24 promulgate forms necessary to administer the provisions of this 25 chapter. 26 EXPLANATION 27 The inclusion of this explanation does not constitute agreement with 28 the explanation’s substance by the members of the general assembly. 29 This bill creates a new Code chapter 137G which regulates 30 the sale of wild mushrooms by retail food services, including 31 a farmers market or a food establishment such as a restaurant 32 where food is prepared and served for consumption on site as 33 provided in Code chapter 137F. The bill’s provisions are 34 regulated by the department of inspections and appeals (DIA). 35 -2- LSB 5792YH (5) 88 da/ns 2/ 3

H.F. 2420 In order to be sold or offered for sale, a wild mushroom 1 must belong to a species identified as safe by DIA, and must 2 be inspected by a wild mushroom harvester certified by DIA. 3 The harvester must maintain business records regarding the 4 inspected wild mushrooms. DIA is required to adopt rules to 5 administer the provisions of the bill. 6 -3- LSB 5792YH (5) 88 da/ns 3/ 3