Senate
File
299
-
Introduced
SENATE
FILE
299
BY
SHIPLEY
A
BILL
FOR
An
Act
providing
for
the
regulation
of
certain
food
products
by
1
using
the
term
meat.
2
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
3
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Section
1.
NEW
SECTION
.
137F.7A
Suspension
or
revocation
of
1
licenses
——
advertising
and
sale
of
food
products
falsely
using
2
the
term
“meat”.
3
A
regulatory
authority
may
suspend
or
revoke
a
license
4
issued
to
a
person
under
this
chapter
if
the
person
is
a
5
food
product
vendor
as
defined
in
section
137G.1
and
the
6
food
product
vendor
violates
section
137G.2.
The
regulatory
7
authority
shall
take
such
action
in
accordance
with
rules
8
adopted
by
the
department
of
inspections
and
appeals
in
9
consultation
with
the
attorney
general
and
the
department
of
10
agriculture
and
land
stewardship.
11
Sec.
2.
NEW
SECTION
.
137G.1
Definitions.
12
As
used
in
this
chapter,
unless
the
context
otherwise
13
requires:
14
1.
a.
“Advertise”
means
to
present
a
commercial
message
by
15
auditory
or
visual
means,
including
but
not
limited
to
verbal
16
articulation
or
by
any
print
or
electronic
medium.
17
b.
“Advertise”
includes
but
is
not
limited
to
a
message
18
conveyed
by
a
printed
sign,
label,
tag,
or
by
radio,
19
television,
or
computer
transmission.
20
2.
“Animal”
means
a
nonhuman
species
of
mammal,
bird,
or
21
fish.
22
3.
“Department”
means
the
department
of
inspections
and
23
appeals.
24
4.
“Federal
food
product
agency”
means
the
United
States
25
department
of
agriculture
or
the
United
States
food
and
drug
26
administration.
27
5.
“Food
product”
means
food
as
defined
in
section
28
137F.1,
including
an
ingredient
in
food,
that
is
presented,
29
prepared,
manufactured,
or
otherwise
processed,
preserved,
or
30
packaged
for
sale
and
which
is
ordinarily
purchased
for
human
31
consumption
in
accordance
with
applicable
state
or
federal
32
law,
including
but
not
limited
to
regulations
promulgated
by
33
a
federal
food
product
agency.
34
6.
a.
“Food
product
vendor”
means
a
person
engaged
in
the
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sale
of
a
food
product
to
the
public
in
the
ordinary
course
of
1
the
person’s
business,
regardless
of
whether
such
food
product
2
is
ordinarily
purchased
for
human
consumption
on
or
off
the
3
premises
where
the
sale
occurred.
4
b.
“Food
product
vendor”
includes
but
is
not
limited
to
a
5
grocery
store
as
defined
in
section
137F.1,
market,
restaurant,
6
cafeteria,
delicatessen,
bakery,
or
other
eat-in,
delivery,
or
7
carry-out
service.
8
7.
“Sale”
or
“sell”
means
any
transfer
of
title
or
9
possession
of
a
food
product
to
the
ultimate
consumer
by
10
agreement
or
any
other
means
in
exchange
for
consideration,
11
including
but
not
limited
to
by
currency,
exchange,
or
barter.
12
Sec.
3.
NEW
SECTION
.
137G.2
Prohibition.
13
1.
A
food
product
vendor
shall
not
advertise
for
sale
or
14
sell
a
food
product
by
using
the
term
“meat”
including
any
15
variation
of
that
term,
unless
such
food
product
derives
from
16
an
animal’s
muscle
tissue,
fat,
gland,
or
organ.
17
2.
The
department
may
exempt
from
the
provisions
of
18
subsection
1
any
advertising
for
sale
or
the
selling
of
a
food
19
product
if
the
department
determines
that
the
advertisement
20
would
not
mislead
a
reasonable
consumer
purchasing
the
food
21
product
on
a
retail
basis.
22
3.
Subsection
1
does
not
apply
to
advertising
for
sale
23
or
selling
a
food
product
by
describing
the
food
product
as
24
comparable
to
meat
or
as
a
substitute
to
meat.
However,
such
25
a
description
must
be
presented
in
a
manner
that
would
not
26
mislead
a
reasonable
consumer
purchasing
the
food
product
on
a
27
retail
basis.
28
4.
Subsection
1
does
not
apply
if
a
food
product
vendor
29
could
not
have
reasonably
known
that
a
food
product
as
30
advertised
did
not
derive
from
an
animal’s
muscle
tissue,
fat,
31
gland,
or
organ.
32
Sec.
4.
NEW
SECTION
.
137G.3
Administration
and
enforcement
33
——
general.
34
The
department
shall
administer
and
enforce
this
chapter
in
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consultation
with
the
attorney
general
and
the
secretary
of
1
agriculture.
2
Sec.
5.
NEW
SECTION
.
137G.4
Investigations,
complaints,
3
inspections,
and
examinations.
4
1.
The
department
may
conduct
an
investigation
to
determine
5
if
a
food
product
vendor
is
complying
with
the
requirements
of
6
section
137G.2.
7
2.
The
department
may
receive
a
complaint
from
any
person
8
regarding
a
violation
of
this
chapter.
The
department
may
9
adopt
procedures
for
persons
filing
complaints.
The
department
10
may
establish
procedures
for
processing
complaints
including
11
requiring
minimum
information
to
determine
the
verifiability
12
of
a
complaint.
13
3.
The
department
may
conduct
an
examination
of
a
food
14
product
in
order
to
determine
if
the
food
product
is
advertised
15
in
compliance
with
section
137G.2.
The
department
may
enter
16
upon
the
premises
of
a
food
product
vendor
during
regular
17
business
hours
for
purposes
of
carrying
out
an
inspection
of
18
food
products,
including
as
provided
under
section
808.14.
19
Sec.
6.
NEW
SECTION
.
137G.5
Legal
proceedings.
20
1.
The
department
may
commence
a
contested
case
proceeding
21
under
chapter
17A
to
enforce
a
violation
of
section
137G.2.
22
The
attorney
general
may
commence
legal
proceedings
in
district
23
court
at
the
request
of
the
department
or
upon
the
attorney
24
general’s
own
initiative
to
enforce
a
provision
of
section
25
137G.2.
26
2.
The
department
or
the
attorney
general
is
not
required
to
27
commence
an
action
to
enforce
a
violation
of
section
137G.2
if
28
the
department
or
attorney
general
concludes
that
the
public
29
interest
will
be
best
served
by
a
suitable
notice
of
warning
30
in
writing.
31
Sec.
7.
NEW
SECTION
.
137G.6
Civil
penalty.
32
1.
The
department
shall
establish,
by
rule,
civil
penalties
33
for
a
violation
of
this
chapter.
The
amount
of
the
civil
34
penalty
shall
not
exceed
one
thousand
five
hundred
dollars.
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Each
day
that
a
violation
continues
shall
constitute
a
1
separate
violation.
Moneys
collected
in
civil
penalties
by
the
2
department
or
the
attorney
general
shall
be
deposited
in
the
3
general
fund
of
the
state.
4
2.
A
civil
penalty
shall
be
administratively
assessed
only
5
after
an
opportunity
for
a
contested
case
hearing
under
chapter
6
17A.
The
department
may
be
represented
in
an
administrative
7
hearing
or
judicial
proceeding
by
the
attorney
general.
8
Sec.
8.
NEW
SECTION
.
137G.7
Stop
sale
order
and
injunctive
9
relief.
10
1.
a.
The
department
may
issue
a
written
stop
sale
order
11
to
stop
a
food
product
vendor
from
advertising
or
selling
a
12
food
product
in
violation
of
this
chapter.
The
food
product
13
vendor
named
in
the
order
shall
not
advertise
or
sell
the
food
14
product
until
the
department
determines
that
the
food
product
15
is
advertised
or
sold
in
compliance
with
section
137G.2.
16
b.
Paragraph
“a”
shall
not
apply
to
any
type
of
perishable
17
food
product
that
is
subject
to
contamination
or
spoilage
if
18
not
sold
within
five
calendar
days
of
being
first
offered
for
19
sale.
20
2.
Upon
request
by
the
department,
the
attorney
general
may
21
petition
district
court
for
an
order
temporarily
or
permanently
22
enjoining
a
violation
of
section
137G.2,
without
notice
or
23
bond.
24
3.
Proceedings
under
this
section
shall
be
in
addition
to,
25
and
not
in
lieu
of,
the
imposition
and
assessment
of
penalties
26
provided
in
section
137G.6.
27
Sec.
9.
NEW
SECTION
.
137G.8
Implementation.
28
If
necessary
to
implement
a
provision
of
this
chapter,
29
the
department
shall
submit
a
request
to
the
appropriate
30
federal
food
product
agency
for
a
waiver
or
other
exception
31
from
regulations
as
deemed
feasible
by
the
department.
The
32
department
shall
regularly
report
the
status
of
such
request
to
33
the
legislative
services
agency.
34
Sec.
10.
Section
159.5,
Code
2019,
is
amended
by
adding
the
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following
new
subsection:
1
NEW
SUBSECTION
.
8A.
Cooperate
with
the
department
of
2
inspections
and
appeals
in
the
administration
and
enforcement
3
of
chapter
137F.
4
EXPLANATION
5
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
6
the
explanation’s
substance
by
the
members
of
the
general
assembly.
7
GENERAL.
This
bill
creates
new
Code
chapter
137G
8
prohibiting
a
food
product
vendor
(e.g.,
market,
restaurant,
9
cafeteria,
delicatessen,
bakery,
or
other
eat-in,
delivery,
10
or
carry-out
service)
from
advertising
a
food
product
(food
11
or
an
ingredient
in
food)
for
sale
on
a
retail
basis
by
using
12
the
term
“meat”
unless
it
derives
from
the
muscle
tissue,
13
fat,
gland,
or
organ
of
an
animal
(e.g.,
nonhuman
mammal,
14
bird,
or
fish).
There
are
several
exceptions
in
cases
in
15
which
an
advertisement
would
not
mislead
a
reasonable
consumer
16
purchasing
the
food
product
on
a
retail
basis.
17
ADMINISTRATION
AND
ENFORCEMENT.
The
provisions
of
the
bill
18
are
administered
and
enforced
by
the
department
of
inspections
19
and
appeals
(DIA)
in
consultation
with
the
attorney
general
and
20
the
secretary
of
agriculture.
DIA
may
conduct
an
investigation
21
to
determine
if
a
food
product
vendor
is
complying
with
the
22
requirements
of
the
bill.
It
may
also
receive
complaints
23
from
any
person
reporting
a
violation.
DIA
may
commence
24
an
administrative
proceeding
and
the
attorney
general
may
25
commence
legal
proceedings
in
district
court
to
enforce
the
26
bill’s
provisions.
A
food
product
vendor
who
violates
the
27
bill’s
provisions
is
subject
to
a
civil
penalty
of
not
more
28
than
$1,500,
with
each
day
of
a
violation
constituting
a
29
separate
offense.
DIA
may
issue
a
temporary
stop
sale
order
30
and
the
attorney
general
may
petition
the
district
court
for
a
31
temporary
or
permanent
injunction.
32
IMPLEMENTATION.
If
necessary
to
implement
the
provisions
33
of
the
bill,
DIA
is
required
to
submit
a
request
to
the
34
appropriate
federal
food
product
agency
for
a
waiver
or
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other
exception
from
regulations
as
deemed
feasible
by
the
1
department.
The
department
shall
regularly
report
the
status
2
of
such
request
to
the
legislative
services
agency.
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