HF 2257 (LSB 5369HV (1) 90)

HOUSE FILE 2257

BY  COMMITTEE ON AGRICULTURE

(SUCCESSOR TO HSB 559)

A BILL FOR

An Act relating to meat and poultry inspection, by providing an exception for certain establishments engaged in the slaughter of poultry and the preparation of poultry products on a custom basis.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 189A.4, Code 2024, is amended to read as follows:
   189A.4  Exemptions.
   1.  In order to accomplish the objectives of this chapter, the secretary may exempt the following types of operations from inspection:
   1.  a.  Slaughtering and preparation by any person of livestock and poultry of the person’s own raising exclusively for use by the person and members of the person’s household, and the person’s nonpaying guests and employees.
   2.  b.  Any other operations which the secretary may determine would best be exempted to further the purposes of this chapter, to the extent such exemptions conform to the federal Meat Inspection Act and the federal Poultry Products Inspection Act and the regulations thereunder.
   2.  The secretary may allow a poultry establishment at which inspection is maintained to engage in custom operations, and exempt from inspection any poultry slaughtered or any poultry or poultry products otherwise prepared on such custom basis, provided that any carcasses, parts thereof, poultry, or poultry products wherever handled on a custom basis, or any containers or packages containing such articles, are separated at all times from carcasses, parts thereof, poultry, or poultry products prepared for sale, and that all such articles prepared on a custom basis, or any containers or packages containing such articles, are plainly marked “Not for Sale” immediately after being prepared and kept so identified until delivered to the owner, and that the establishment conducting the custom operation is maintained and operated in a sanitary manner.
EXPLANATION
The inclusion of this explanation does not constitute agreement with
the explanation’s substance by the members of the general assembly.
   BACKGROUND. This bill amends Iowa’s “Meat and Poultry Inspection Act” (MPIA) (Code chapter 189A), administered and enforced by the department of agriculture and land stewardship (DALS) which regulates (licenses and inspects) a business engaged in the slaughter of livestock or poultry at its premises (establishment). The Code chapter regulates the establishment’s processing of livestock or poultry carcasses, and the preparation of meat products or poultry products derived from those carcasses (articles).
   STATE AND FEDERAL REGULATORY COOPERATION. DALS exercises its regulatory authority under the MPIA on an intrastate basis pursuant to a cooperative agreement with the United States department of agriculture (USDA), which administers and enforces two complementary Acts: the federal Meat Inspection Act as amended by the Wholesome Meat Act (21 U.S.C. ch. 12) and the federal Poultry Products Inspection Act as amended by the Wholesome Poultry Products Act (21 U.S.C. ch. 10) (see Code section 189A.2). In both cases, USDA regulates establishments engaged in interstate or foreign commerce but may regulate any establishment if it determines that the state enforcement of state statutes does not at least equal federal enforcement of the federal Acts.
   STATE INSPECTION EXCEPTION FOR CERTAIN ESTABLISHMENTS —— CUSTOM OPERATIONS. The MPIA provides certain exceptions from state inspection requirements, including for an establishment that constitutes a custom operation engaged in slaughtering and preparing livestock or poultry of a person’s own raising exclusively for use by the person and members of the person’s household, and the person’s nonpaying guests and employees (Code section 189A.4).
   BILL’S PROVISIONS —— NEW CUSTOM OPERATION INSPECTION EXCEPTION FOR STATE-LICENSED POULTRY ESTABLISHMENTS. The bill adds another inspection exemption that also applies to a custom operation, and specifically to a state-licensed poultry establishment. The exemption is subject to certain conditions. First, the articles, whenever handled, and any containers or packages holding such articles, must be kept separate from other areas of the establishment. Second, the containers or packages must be marked “Not for Sale”. Finally, the entire establishment must be maintained and operated in a sanitary manner.