Senate File 2389 - Introduced SENATE FILE 2389 BY COMMITTEE ON AGRICULTURE (SUCCESSOR TO SSB 3171) A BILL FOR An Act creating the criminal offense of food operation 1 trespass, and providing penalties. 2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 3 TLSB 6310SV (2) 88 da/ns

S.F. 2389 Section 1. NEW SECTION . 716.7A Food operation trespass. 1 1. As used in this section, unless the context otherwise 2 requires: 3 a. “Apiary” and “bee” mean the same as defined in section 4 160.1A. 5 b. “Food animal” means an animal belonging to the bovine, 6 caprine, ovine, or porcine species; farm deer as defined in 7 section 170.1; turkeys, chickens, or other poultry; or bees. 8 c. “Food establishment” , “food processing plant” , and 9 “farmers market” mean the same as defined in section 137F.1. 10 d. “Food operation” means any of the following: 11 (1) A location where a food animal is produced. 12 (2) A location other than as described in subparagraph (1) 13 where a food animal is kept, including an apiary, livestock 14 market, vehicle or trailer attached to a vehicle, fair, 15 exhibition, or a business operated by a person licensed to 16 practice veterinary medicine pursuant to chapter 169. 17 (3) A location where a meat food product, poultry product, 18 or honey is prepared for human consumption, including a food 19 processing plant, a slaughtering establishment operating under 20 the provisions of 21 U.S.C. §451 et seq. or 21 U.S.C. §601 21 et seq.; or a slaughtering establishment subject to state 22 inspection as provided in chapter 189A. 23 (4) A food establishment or farmers market that sells or 24 offers for sale a meat product, poultry product, or honey. 25 e. “Meat food product” , “poultry product” , and “prepared” 26 mean the same as defined in section 189A.2. 27 2. A person commits food operation trespass by entering 28 or remaining on the property of a food operation without the 29 consent of a person who has real or apparent authority to allow 30 the person to enter or remain on the property. 31 3. Subsection 2 does not apply to any of the following: 32 a. A person passing over a right-of-way, if the person has 33 not been notified or requested by posted signage or other means 34 to abstain from entering onto the right-of-way or to vacate the 35 -1- LSB 6310SV (2) 88 da/ns 1/ 2

S.F. 2389 right-of-way. 1 b. A person having lawful authority to enter onto the 2 property of the food operation, including but not limited to a 3 federal, state, or local government official. 4 c. A person who is conferred legal status to enter onto or 5 remain on the property of the food operation. 6 d. A person employed by a food operation while acting in the 7 course of employment. 8 Sec. 2. Section 716.8, Code 2020, is amended by adding the 9 following new subsection: 10 NEW SUBSECTION . 8. A person who commits food operation 11 trespass commits an aggravated misdemeanor. 12 EXPLANATION 13 The inclusion of this explanation does not constitute agreement with 14 the explanation’s substance by the members of the general assembly. 15 This bill creates the criminal offense of food operation 16 trespass. A person commits the offense by entering or 17 remaining on the property of a food operation without the 18 consent of a person who has real or apparent authority over the 19 property. A food operation is a location where a food animal 20 is produced or kept, a location where a meat or poultry product 21 or honey is prepared (e.g., processed and packaged) for human 22 consumption, or a food establishment, such as a restaurant or 23 farmers market that sells or offers for sale a meat or poultry 24 product or honey. A food animal includes an animal belonging 25 to the bovine, caprine, ovine, or porcine species; farm deer; 26 turkeys, chickens, or other poultry; or honey bees. A person 27 who commits food operation trespass commits an aggravated 28 misdemeanor. An aggravated misdemeanor is punishable by 29 confinement for no more than two years and a fine of at least 30 $625 but not more than $6,250. 31 -2- LSB 6310SV (2) 88 da/ns 2/ 2