SF 299 (LSB 1232XS (3) 88)

SENATE FILE 299

BY  SHIPLEY

A BILL FOR

An Act providing for the regulation of certain food products by using the term meat.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

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