Senate
File
2391
-
Introduced
SENATE
FILE
2391
BY
COMMITTEE
ON
AGRICULTURE
(SUCCESSOR
TO
SSB
3162)
A
BILL
FOR
An
Act
prohibiting
the
misbranding
of
certain
food
products,
1
and
providing
penalties.
2
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
3
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Section
1.
NEW
SECTION
.
135.16C
Vendors
participating
in
1
federal
nutrition
program
——
meat
product
sales.
2
1.
As
used
in
this
section,
unless
the
context
otherwise
3
requires:
4
a.
“Cultivated-protein
food
product”
means
the
same
as
5
defined
in
section
137E.1.
6
b.
“Federal
nutrition
program”
means
the
special
7
supplemental
nutrition
program
for
women,
infants,
and
children
8
as
provided
in
42
U.S.C.
§1786
et
seq.
9
c.
“Grocery
store”
means
the
same
as
defined
in
section
10
137E.1.
11
d.
“Meat
product”
means
the
same
as
defined
in
section
12
137E.1.
13
2.
a.
The
department
of
inspections,
appeals,
and
licensing
14
shall
assist
the
department
of
health
and
human
services
in
15
adopting
rules
necessary
to
implement
and
administer
this
16
section.
17
b.
If
necessary
to
implement,
administer,
and
enforce
18
this
section,
the
department
of
health
and
human
services,
19
in
cooperation
with
the
department
of
agriculture
and
land
20
stewardship,
shall
submit
a
request
to
the
United
States
21
department
of
agriculture
for
a
waiver
or
other
exception
from
22
regulations
as
deemed
feasible
by
the
department
of
health
and
23
human
services.
The
department
of
health
and
human
services
24
shall
regularly
report
the
status
of
such
a
request
to
the
25
legislative
services
agency.
26
3.
A
grocery
store
that
is
a
vendor
participating
in
a
27
federal
nutrition
program
and
offering
to
sell
or
selling
meat
28
products
for
retail
sale
shall
not
offer
for
sale
or
sell
a
29
food
product
that
is
any
of
the
following:
30
a.
Misbranded
as
a
meat
product
as
prohibited
in
section
31
137E.4.
32
b.
A
cultivated-protein
food
product.
33
4.
A
violation
of
subsection
3
by
a
grocery
store
shall
not
34
be
construed
to
disqualify
a
grocery
store
from
participating
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in
a
federal
nutrition
program
unless
otherwise
authorized
by
1
the
United
States
department
of
agriculture.
2
Sec.
2.
NEW
SECTION
.
137E.1
Definitions.
3
As
used
in
this
chapter,
unless
the
context
otherwise
4
requires:
5
1.
“Agricultural
food
animal”
means
a
domesticated
animal
6
belonging
to
the
bovine,
caprine,
ovine,
or
porcine
species;
or
7
live
domestic
fowl
limited
to
chickens
or
turkeys.
8
2.
“Cultivated-protein
food
product”
means
a
food
product
9
having
one
or
more
sensory
attributes
that
resemble
a
type
10
of
tissue
originating
from
an
agricultural
food
animal
but
11
that,
in
lieu
of
being
derived
from
meat
processing,
is
derived
12
from
manufacturing
cells,
in
which
one
or
more
stem
cells
are
13
initially
isolated
from
an
agricultural
food
animal,
are
grown
14
in
vitro,
and
may
be
manipulated,
as
part
of
a
manufacturing
15
operation.
16
3.
“Department”
means
the
department
of
inspections,
17
appeals,
and
licensing.
18
4.
“Food
processing
plant”
means
the
same
as
defined
in
19
section
137F.1.
20
5.
“Food
product”
means
a
perishable
or
nonperishable
item
21
stored
in
a
container
or
package,
if
the
item
is
fit
for
human
22
consumption.
23
6.
“Grocery
store”
means
a
food
establishment
required
to
be
24
licensed
by
a
regulatory
authority
pursuant
to
section
137F.4
25
to
offer
for
sale
or
sell
food
or
food
products
to
customers
26
intended
for
preparation
or
consumption
off
premises.
27
7.
“Insect-protein
food
product”
means
a
food
product
having
28
one
or
more
sensory
attributes
that
resemble
a
type
of
tissue
29
originating
from
an
agricultural
food
animal
but
that,
in
30
lieu
of
being
derived
from
meat
processing,
is
derived
from
31
manufacturing
insect
parts.
32
8.
“Label”
means
a
display
of
written,
printed,
or
graphic
33
matter
placed
upon
any
container
storing
a
food
product
that
34
is
offered
for
sale
or
sold
on
a
wholesale
or
retail
basis,
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regardless
of
whether
the
label
is
printed
on
the
container’s
1
packaging
or
a
sticker
affixed
to
the
container.
2
9.
“Manufactured-protein
food
product”
means
a
3
cultivated-protein
food
product,
insect-protein
food
product,
4
or
plant-protein
food
product.
5
10.
“Meat
processing”
means
the
handling,
preparation,
and
6
slaughter
of
an
agricultural
food
animal;
the
dressing
of
its
7
carcass;
or
the
cutting,
storage,
and
packaging
of
its
tissue
8
or
other
parts
as
a
food
product.
9
11.
“Meat
product”
means
a
food
product
derived
from
meat
10
processing.
11
12.
“Plant-protein
food
product”
means
a
food
product
having
12
one
or
more
sensory
attributes
that
resemble
a
type
of
tissue
13
found
in
a
species
of
agricultural
food
animal
but
that,
in
14
lieu
of
being
derived
from
meat
processing,
is
derived
from
15
manufacturing
plant
parts.
16
13.
“Regulatory
authority”
means
the
same
as
defined
in
17
section
137F.1.
18
Sec.
3.
NEW
SECTION
.
137E.2
Administration.
19
1.
In
conducting
a
routine
inspection
of
the
premises
of
a
20
person
licensed
under
chapter
137F,
a
regulatory
authority
is
21
not
required
to
determine
if
any
food
product
located
on
the
22
premises
is
misbranded
as
a
meat
product
as
provided
in
section
23
137E.4.
24
2.
A
regulatory
authority
shall
inspect
an
inventory
of
food
25
products
offered
for
sale
or
sold
at
a
food
processing
plant
26
or
grocery
store
based
on
a
credible
complaint
that
the
food
27
products
are
misbranded
as
meat
products
as
provided
in
section
28
137E.4.
29
3.
A
regulatory
authority
shall
have
the
same
powers
to
30
inspect
a
food
processing
plant
or
grocery
store
under
this
31
chapter
as
it
does
under
chapter
137F.
32
4.
The
department
shall
adopt
rules
pursuant
to
chapter
17A
33
that
are
necessary
or
desirable
to
administer
and
enforce
this
34
chapter.
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Sec.
4.
NEW
SECTION
.
137E.3
Offense.
1
A
person
shall
not
offer
for
sale
or
sell
a
food
product
that
2
is
misbranded
as
a
meat
product
as
provided
in
section
137E.4.
3
Sec.
5.
NEW
SECTION
.
137E.4
Misbranded
meat
product.
4
A
food
product
is
misbranded
as
a
meat
product
if
all
of
the
5
following
apply:
6
1.
The
food
product
is
a
manufactured-protein
food
product
7
or
the
food
product
contains
a
manufactured-protein
food
8
product.
9
2.
The
food
product
is
offered
for
sale
or
sold
on
a
10
wholesale
or
retail
basis.
11
3.
a.
A
label
that
is
part
of
or
placed
on
the
package
12
or
other
container
storing
a
food
product
includes
any
of
13
the
following
identifying
terms
whether
used
alone
or
as
a
14
portmanteau:
15
(1)
Beef.
16
(2)
Chicken.
17
(3)
Goat.
18
(4)
Lamb
or
sheep.
19
(5)
Pork.
20
(6)
Turkey.
21
b.
Paragraph
“a”
does
not
apply
to
a
label
that
22
conspicuously
qualifies
an
identifying
term
as
an
imitation
or
23
substitute.
24
Sec.
6.
NEW
SECTION
.
137E.5
Enforcement
——
stop
order.
25
1.
If
a
regulatory
authority
has
reasonable
cause
to
believe
26
that
a
food
processing
plant
or
grocery
store
is
offering
for
27
sale
or
selling
a
food
product
that
is
misbranded
as
a
meat
28
product,
the
regulatory
authority
may
issue
a
stop
order.
Upon
29
being
issued
the
stop
order,
the
food
processing
plant
or
30
grocery
store
shall
not
offer
for
sale
or
sell
the
food
product
31
until
the
regulatory
authority
determines
that
the
food
product
32
is
or
is
not
misbranded
as
a
meat
product.
33
2.
The
regulatory
authority
may
require
that
the
food
34
product
be
held
by
the
food
processing
plant
or
grocery
store
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and
be
secured
from
purchase.
1
3.
If
a
regulatory
authority
determines
that
food
product
2
being
offered
for
sale
or
sold
by
a
food
processing
plant
or
3
grocery
store
is
misbranded
as
a
meat
product,
the
regulatory
4
authority
may
issue
an
embargo
order
requiring
the
food
5
processing
plant
or
grocery
store
to
dispose
of
the
misbranded
6
meat
product
other
than
by
sale
to
consumers
in
this
state.
7
4.
The
department,
the
attorney
general,
or
the
county
8
attorney
in
the
county
where
the
food
product
is
being
offered
9
for
sale
or
sold
may
enforce
the
stop
order
or
embargo
order
by
10
petitioning
the
district
court
of
that
county.
11
Sec.
7.
NEW
SECTION
.
137E.6
Penalty.
12
A
person
who
willfully
misbrands
a
food
product
in
violation
13
of
this
chapter
commits
a
simple
misdemeanor.
14
Sec.
8.
Section
137F.3A,
subsection
1,
paragraph
a,
15
unnumbered
paragraph
1,
Code
2024,
is
amended
to
read
as
16
follows:
17
The
department
may
employ
additional
full-time
equivalent
18
positions
to
enforce
the
provisions
of
this
chapter
and
19
chapters
137C
,
and
137D
,
and
137E
with
the
approval
of
the
20
department
of
management,
if
either
of
the
following
apply:
21
Sec.
9.
Section
137F.3A,
subsection
1,
paragraph
b,
Code
22
2024,
is
amended
to
read
as
follows:
23
b.
Before
approval
may
be
given,
the
director
of
the
24
department
of
management
must
have
determined
that
the
expenses
25
exceed
the
funds
budgeted
by
the
general
assembly
for
food
26
inspections
to
the
department.
The
department
may
hire
no
more
27
than
one
full-time
equivalent
position
for
each
six
hundred
28
inspections
required
pursuant
to
this
chapter
and
chapters
29
137C
,
and
137D
,
and
137E
.
30
Sec.
10.
Section
137F.4,
Code
2024,
is
amended
to
read
as
31
follows:
32
137F.4
License
required.
33
1.
A
person
shall
not
operate
a
food
establishment
or
food
34
processing
plant
to
provide
goods
or
services
to
the
general
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public,
or
open
a
food
establishment
to
the
general
public,
1
until
the
appropriate
license
has
been
obtained
from
the
2
regulatory
authority.
Sale
of
products
at
wholesale
to
outlets
3
not
owned
by
a
commissary
owner
requires
a
food
processing
4
plant
license.
A
license
shall
expire
one
year
from
the
date
5
of
issue.
A
license
is
renewable
if
application
for
renewal
is
6
made
prior
to
expiration
of
the
license
or
within
sixty
days
7
of
the
expiration
date
of
the
license.
All
licenses
issued
8
under
this
chapter
that
are
not
renewed
by
the
licensee
on
or
9
before
the
expiration
date
shall
be
subject
to
a
penalty
of
ten
10
percent
per
month
of
the
license
fee
if
the
license
is
renewed
11
at
a
later
date.
12
2.
A
regulatory
authority
shall
not
suspend
or
revoke
a
13
license
issued
to
a
person
under
this
chapter
for
offering
for
14
sale
or
selling
a
food
product
that
is
misbranded
as
a
meat
15
product
in
violation
of
section
137E.4.
16
3.
A
license
issued
to
a
food
processing
plant
or
grocery
17
store
under
this
section
also
covers
the
operation
of
a
food
18
processing
plant
or
grocery
store
under
chapter
137E.
19
Sec.
11.
NEW
SECTION
.
260C.10
Purchases
——
meat
products.
20
The
board
of
directors
providing
services
to
a
merged
area,
21
and
the
board
of
directors
of
a
community
college,
shall
22
establish
policies
to
prevent
the
purchase
of
a
food
product
23
that
is
any
of
the
following:
24
1.
Misbranded
as
a
meat
product
as
prohibited
in
chapter
25
137E.
26
2.
A
cultivated-protein
food
product
as
defined
in
section
27
137E.1.
28
Sec.
12.
Section
262.9,
Code
2024,
is
amended
by
adding
the
29
following
new
subsection:
30
NEW
SUBSECTION
.
39.
Act
together
with
institutions
under
31
the
control
of
the
board
to
establish
policies
prohibiting
32
research
into
the
production,
distribution,
or
use
of
33
manufactured-protein
food
products
as
defined
in
section
34
137E.1,
to
the
extent
that
such
research
is
supported
by
public
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moneys.
1
Sec.
13.
NEW
SECTION
.
262.25D
Purchases
——
meat
products.
2
The
state
board
of
regents,
and
institutions
under
the
3
control
of
the
board,
shall
establish
policies
to
prevent
the
4
purchase
of
a
food
product
that
is
any
of
the
following:
5
1.
Misbranded
as
a
meat
product
as
prohibited
in
chapter
6
137E.
7
2.
A
cultivated-protein
food
product
as
defined
in
section
8
137E.1.
9
Sec.
14.
NEW
SECTION
.
283A.12
Purchases
——
meat
products.
10
The
department
of
education,
and
school
boards,
shall
11
establish
policies
to
prevent
the
purchase
of
a
food
product
12
that
is
any
of
the
following:
13
1.
Misbranded
as
a
meat
product
as
prohibited
in
chapter
14
137E.
15
2.
A
cultivated-protein
food
product
as
defined
in
section
16
137E.1.
17
EXPLANATION
18
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
19
the
explanation’s
substance
by
the
members
of
the
general
assembly.
20
GENERAL.
This
bill
prohibits
the
purchase
and
sale
of
21
certain
food
products
that
are
manufactured
to
resemble
22
meat
products
but
that
are
not
derived
from
the
processing
23
(slaughter)
of
domesticated
agricultural
food
animals,
24
specifically
cattle
and
bison,
goats,
sheep
and
lambs,
swine,
25
chickens,
and
turkeys.
A
manufactured-protein
food
product
26
is
formulated
as
a
cultivated-protein
food
product,
or
either
27
an
insect-protein
food
product
or
plant-protein
food
product.
28
In
all
three
cases,
the
food
product
has
one
or
more
sensory
29
attributes
that
resemble
a
type
of
tissue
originating
from
a
30
species
of
food
animal
but
that,
in
lieu
of
being
derived
from
31
slaughter,
is
derived
from
manufacturing
cells
grown
in
vitro,
32
meaning
outside
the
food
animal’s
body,
or
that
is
derived
from
33
manufacturing
parts
of
insects
or
plants
(new
Code
chapter
34
137E).
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BACKGROUND
——
INSPECTION
REGULATIONS
(DEPARTMENT
OF
1
INSPECTIONS,
APPEALS,
AND
LICENSING).
Certain
provisions
of
2
the
bill
apply
to
food
processing
plants
and
grocery
stores
3
regulated
by
the
department
of
inspections,
appeals,
and
4
licensing
(DIAL)
or
a
political
subdivision
(a
municipal
5
corporation)
acting
under
contract
with
DIAL
(Code
section
6
137F.3).
Both
government
entities
are
referred
to
as
a
7
regulatory
authority.
The
bill
applies
to
two
businesses
8
regulated
by
DIAL,
a
food
processing
plant
and
a
grocery
store
9
(licensee).
A
food
processing
plant
manufactures,
packages,
10
labels,
or
stores
food
for
human
consumption
but
does
not
11
provide
a
food
product
directly
to
a
consumer.
However,
a
12
number
of
businesses
are
excluded
from
the
definition
including
13
a
food
establishment
(amended
Code
section
137F.1).
A
grocery
14
store
is
a
type
of
food
establishment
that
offers
to
sell
or
15
sells
food
products
to
customers
intended
for
preparation
or
16
consumption
off
premises
(Code
section
137E.1).
A
regulatory
17
authority
licenses
and
inspects
both
businesses
for
health
and
18
safety
purposes.
19
BILL’S
PROVISIONS
——
LABELING
REQUIREMENT
——
CRIMINAL
20
PENALTY.
The
bill
provides
that
a
food
product
is
misbranded
21
as
a
meat
product
if
it
is
a
manufactured-protein
food
product
22
or
the
food
product
contains
a
manufactured-protein
food
23
product;
the
food
product
is
offered
for
sale
or
sold
on
a
24
wholesale
or
retail
basis;
and
the
label
that
is
part
of
or
25
placed
on
the
package
or
other
container
storing
a
food
product
26
includes
one
of
seven
identifying
terms,
including
beef,
27
chicken,
goat,
lamb
or
sheep,
pork,
or
turkey.
However,
a
28
product
is
not
misbranded
if
the
label
conspicuously
qualifies
29
an
identifying
term
as
an
imitation
or
substitute
(new
Code
30
section
137E.4).
Any
person
who
willfully
misbrands
a
food
31
product
commits
a
simple
misdemeanor
(new
Code
section
137E.3).
32
A
simple
misdemeanor
is
punishable
by
confinement
for
no
more
33
than
30
days
and
a
fine
of
at
least
$105
but
not
more
than
$855.
34
BILL’S
PROVISIONS
——
LABELING
REQUIREMENT
AND
PROHIBITIONS
35
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8/
10
S.F.
2391
ON
SALE
——
ENFORCEMENT.
A
regulatory
authority
is
not
required
1
to
conduct
an
inspection
of
a
licensee’s
inventory
of
food
2
products
to
determine
whether
a
food
product
is
misbranded
as
3
a
meat
product
(new
Code
section
137E.2).
However,
if
the
4
regulatory
authority
has
reasonable
cause
to
believe
that
a
5
licensee
is
offering
for
sale
or
selling
a
food
product
that
6
is
misbranded
as
a
meat
product,
the
regulatory
authority
7
may
issue
a
stop
order
(new
Code
section
137E.5).
Upon
8
being
issued
the
stop
order,
the
licensee
must
not
offer
for
9
sale
or
sell
the
food
product
until
the
regulatory
authority
10
determines
that
the
food
product
is
or
is
not
misbranded
11
as
a
meat
product.
If
a
regulatory
authority
determines
12
that
the
food
product
is
misbranded
as
a
meat
product,
the
13
regulatory
authority
may
issue
an
embargo
order
requiring
14
the
food
processing
plant
or
grocery
store
to
dispose
of
the
15
misbranded
meat
product
other
than
by
sale
to
consumers
in
this
16
state.
DIAL,
the
attorney
general,
or
a
county
attorney
may
17
enforce
the
stop
order.
However,
a
licensee
is
not
subject
18
to
disciplinary
action
(the
suspension
or
revocation
of
the
19
license)
(amended
Code
section
137F.4).
20
RESTRICTIONS
ON
RESEARCH.
The
board
of
regents
must
act
21
together
with
institutions
under
its
control
(Iowa
state
22
university
of
science
and
technology,
the
university
of
Iowa,
23
and
the
university
of
northern
Iowa)
to
establish
policies
24
prohibiting
research
into
the
production,
distribution,
or
use
25
of
manufactured-protein
food
products,
to
the
extent
that
such
26
research
is
supported
by
public
moneys
(amended
Code
section
27
262.9).
28
RESTRICTIONS
ON
THE
PURCHASE
AND
SALE
OF
MANUFACTURED
MEAT
29
PRODUCTS
(WIC
PROGRAM).
The
bill
applies
to
a
grocery
store
30
that
participates
as
a
vendor
in
the
special
supplemental
31
food
program
for
women,
infants,
and
children
(WIC).
WIC
is
32
administered
by
the
United
States
department
of
agriculture
33
(USDA).
A
grocery
store
that
is
a
vendor
participating
in
WIC
34
and
offering
to
sell
or
selling
meat
products
for
retail
sale
35
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is
prohibited
from
selling
a
food
product
misbranded
as
a
meat
1
product
or
a
cultivated-protein
food
product
(new
Code
section
2
135.16C).
3
RESTRICTIONS
ON
THE
PURCHASE
AND
SALE
OF
MANUFACTURED
4
MEAT
PRODUCTS
(EDUCATIONAL
INSTITUTIONS).
The
bill
requires
5
a
number
of
different
educational
institutions
to
establish
6
policies
that
prohibit
the
purchase
of
a
food
product
that
is
7
misbranded
as
a
meat
product
or
that
is
a
cultivated-protein
8
food
product.
This
includes
school
districts
(new
Code
section
9
283A.12),
community
colleges
(new
Code
section
260C.10),
and
10
regents
institutions
(new
Code
section
262.25D).
11
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