Senate Study Bill 3051 - Introduced SENATE FILE _____ BY (PROPOSED COMMITTEE ON AGRICULTURE BILL BY CHAIRPERSON ZUMBACH) A BILL FOR An Act providing a personal use exemption from inspection and 1 licensing requirements of the Meat and Poultry Inspection 2 Act. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 4 TLSB 5427XC (3) 89 da/ns

S.F. _____ Section 1. Section 189A.4, Code 2022, is amended to read as 1 follows: 2 189A.4 Exemptions. 3 In order to accomplish the objectives of this chapter , the 4 secretary may exempt the following types of operations from 5 inspection: 6 1. a. Slaughtering and preparation by any person of 7 livestock and poultry of the person’s own raising exclusively 8 for use by the person and members of the person’s household, 9 and the person’s nonpaying guests and employees. A person who 10 owns and raises and slaughters livestock, processes the carcass 11 of the livestock, prepares articles from the carcass, including 12 livestock products, and who may transport the articles, for 13 the exclusive use of the person, a member of the person’s 14 household, a nonpaying guest of the person, or a nonpaying 15 employee of the person, is exempt from the inspection and 16 licensing requirements of this chapter, to the same extent and 17 under the same conditions that such a person is exempt from 18 inspection provisions of the federal Meat Inspection Act as 19 provided in 9 C.F.R. §303.1(a)(1). 20 b. A person who owns or raises and slaughters poultry, 21 processes the carcass of the poultry, prepares articles from 22 the carcass, including poultry products, and who may transport 23 the articles, for the exclusive use of the person, a member 24 of the person’s household, a nonpaying guest of the person, 25 or a nonpaying employee of the person, is exempt from the 26 provisions of this chapter, to the same extent and under the 27 same conditions that a person is exempt from the provisions of 28 the federal Poultry Products Inspection Act as provided in 9 29 C.F.R. §381.10(a)(3). 30 2. Any The secretary may exempt any other operations 31 which person from the provisions of this chapter, if the 32 secretary may determine would best be exempted to determines 33 the exemption would best further the purposes of this chapter , 34 to the extent such exemptions conform to and the exemption 35 -1- LSB 5427XC (3) 89 da/ns 1/ 3

S.F. _____ complies with the federal Meat Inspection Act and or the 1 federal Poultry Products Inspection Act and the , including 2 regulations thereunder adopted under those Acts . 3 EXPLANATION 4 The inclusion of this explanation does not constitute agreement with 5 the explanation’s substance by the members of the general assembly. 6 BACKGROUND. This bill amends the “Meat and Poultry 7 Inspection Act” (Iowa Act), which is administered and enforced 8 by the department of agriculture and land stewardship (DALS) 9 and which regulates a business engaged in the slaughter of 10 livestock or poultry, the processing of the livestock or 11 poultry, and the preparation of meat products or poultry 12 products derived from those slaughtered animals. The meat or 13 poultry product is generically referred to as an “article”. 14 DALS regulates these activities on an intrastate basis under 15 a cooperative agreement with the United States department 16 of agriculture (USDA), which administers and enforces two 17 complementary Acts (federal Acts): the federal Meat Inspection 18 Act as amended by the Wholesome Meat Act (21 U.S.C. chapter 12) 19 and the federal Poultry Products Inspection Act as amended by 20 the Wholesome Poultry Products Act (21 U.S.C. chapter 10). In 21 both cases, USDA regulates businesses engaged in interstate or 22 foreign commerce but may regulate any business if it determines 23 that the state enforcement of its statutes does not at least 24 equal federal enforcement of the federal Acts (Code section 25 189A.3(3)). 26 BILL’S PROVISIONS. The bill creates a personal use 27 exception to the inspection and licensing provisions in the 28 Iowa Act for livestock and poultry based on two such exemptions 29 in the federal Acts. Under the federal Meat Inspection Act, 30 the owner raising livestock must slaughter and process the 31 livestock; the prepared articles derived from the processed 32 livestock must be fit for human consumption; the articles must 33 be prepared, packaged, or held under sanitary conditions; 34 and the articles must be for the personal use of the owner 35 -2- LSB 5427XC (3) 89 da/ns 2/ 3

S.F. _____ raising the livestock, a member of the owner’s household, or 1 a nonpaying guest or employee. Under the federal Poultry 2 Products Inspection Act, similar requirements apply. The owner 3 or producer of poultry must slaughter and process the poultry; 4 the poultry must be healthy when slaughtered and processed; 5 the poultry must be slaughtered and processed under sanitary 6 conditions; the poultry product derived from the slaughtered 7 poultry must be for their private use, or the private use of 8 a member of their household or a nonpaying guest or employee; 9 the poultry product cannot be sold or donated; and any shipping 10 containing an article must include information about the 11 producer. 12 The bill eliminates a provision that grants DALS authority 13 to adopt rules providing the same personal use exception. 14 -3- LSB 5427XC (3) 89 da/ns 3/ 3