Senate
Study
Bill
3162
-
Introduced
SENATE
FILE
_____
BY
(PROPOSED
COMMITTEE
ON
AGRICULTURE
BILL
BY
CHAIRPERSON
DRISCOLL)
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
TLSB
5774XC
(3)
90
da/ns
S.F.
_____
Section
1.
NEW
SECTION
.
137E.1
Definitions.
1
As
used
in
this
chapter,
unless
the
context
otherwise
2
requires:
3
1.
“Agricultural
food
animal”
means
a
domesticated
animal
4
belonging
to
the
bovine,
caprine,
ovine,
or
porcine
species;
or
5
live
domestic
fowl
limited
to
chickens
or
turkeys.
6
2.
“Container”
means
a
closed
or
wrapped
package
or
7
receptacle
that
stores
a
food
product
when
offered
for
sale
or
8
sold.
9
3.
“Cultivated-meat
product”
means
a
food
product
having
10
one
or
more
sensory
attributes
that
resemble
a
type
of
tissue
11
originating
from
an
agricultural
food
animal
but
that,
in
12
lieu
of
being
derived
from
meat
processing,
is
derived
from
13
manufacturing
cells,
in
which
one
or
more
stem
cells
are
14
initially
isolated
from
an
agricultural
food
animal,
are
grown
15
in
vitro,
and
may
be
manipulated,
as
part
of
a
manufacturing
16
operation.
17
4.
“Department”
means
the
department
of
inspections,
18
appeals,
and
licensing.
19
5.
“Identifiable
meat
product
term”
means
a
term
that
20
historically
has
been
used
to
describe
any
of
the
following:
21
a.
Beef
or
any
term
commonly
identified
with
a
primal
or
22
sub-primal
cut
of
beef.
23
b.
Chevon
or
any
term
commonly
identified
with
a
primal
or
24
sub-primal
cut
of
chevon.
25
c.
Lamb
or
mutton
or
any
term
commonly
identified
with
a
26
primal
or
sub-primal
cut
of
lamb
or
mutton.
27
d.
Pork
or
any
term
commonly
identified
with
a
primal
or
28
sub-primal
cut
of
pork.
29
e.
Poultry,
chicken,
or
turkey
or
any
term
commonly
30
identified
with
a
primal
or
sub-primal
cut
of
poultry
meat.
31
6.
“Insect-meat
food
product”
means
a
food
product
having
32
one
or
more
sensory
attributes
that
resemble
a
type
of
tissue
33
originating
from
an
agricultural
food
animal
but
that,
in
34
lieu
of
being
derived
from
meat
processing,
is
derived
from
35
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7
S.F.
_____
manufacturing
insect
parts.
1
7.
“Label”
means
a
display
of
written,
printed,
or
graphic
2
matter
placed
upon
any
container
storing
a
food
product
that
3
is
offered
for
sale
or
sold
on
a
wholesale
or
retail
basis,
4
regardless
of
whether
the
label
is
printed
on
the
container’s
5
packaging
or
a
sticker
affixed
to
the
container.
6
8.
“Manufactured
meat
product”
means
a
cultivated-meat
food
7
product,
insect-meat
food
product,
or
plant-meat
food
product.
8
9.
“Meat
processing”
means
the
handling,
preparation,
and
9
slaughter
of
an
agricultural
food
animal;
the
dressing
of
its
10
carcass;
or
the
cutting,
storage,
and
packaging
of
its
tissue
11
or
other
parts
as
a
food
product.
12
10.
“Meat
product”
means
a
food
product
derived
from
meat
13
processing.
14
11.
“Plant-meat
food
product”
means
a
food
product
having
15
one
or
more
sensory
attributes
that
resemble
a
type
of
tissue
16
found
in
a
species
of
agricultural
food
animal
but
that,
in
17
lieu
of
being
derived
from
meat
processing,
is
derived
from
18
manufacturing
plant
parts.
19
12.
“Term”
includes
a
word
or
phrase.
20
Sec.
2.
NEW
SECTION
.
137E.2
Administration
and
enforcement.
21
1.
The
department
shall
administer
and
enforce
the
22
provisions
of
this
chapter
as
provided
in
this
chapter
in
23
conjunction
with
chapter
137F,
as
provided
in
section
137F.7A,
24
and
rules
adopted
by
the
department
under
subsection
2.
25
2.
The
department
shall
adopt
rules
pursuant
to
chapter
26
17A
as
required
in
this
chapter
and
chapter
137F,
or
as
it
27
otherwise
deems
necessary
or
desirable
to
administer
and
28
enforce
this
chapter.
29
Sec.
3.
NEW
SECTION
.
137E.3
Statutory
construction.
30
This
chapter
shall
be
construed
to
apply
only
to
a
food
31
product
that
includes
a
percentage
of
a
manufactured
meat
32
product
offered
for
sale
or
sold
in
a
container
that
is
33
unlabeled,
or
that
is
labeled
in
a
manner
that
would
likely
34
mislead
its
purchaser
under
normal
and
customary
conditions
of
35
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5774XC
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7
S.F.
_____
the
sale
of
meat
products.
1
Sec.
4.
NEW
SECTION
.
137E.4
Label
requirement.
2
A
label
shall
be
placed
on
a
container
storing
a
manufactured
3
meat
product
that
is
offered
for
sale
or
sold.
The
label
4
shall
be
printed
using
a
font
and
type
size,
and
placed
on
the
5
container,
in
a
manner
that
would
be
likely
to
be
read
by
a
6
purchaser
under
normal
and
customary
conditions
of
sale.
7
Sec.
5.
NEW
SECTION
.
137E.5
Misbranded
container
label.
8
1.
A
person
shall
not
offer
for
sale
or
sell
a
meat
product
9
stored
in
a
container
that
is
misbranded.
10
2.
A
food
product
offered
for
sale
or
sold
in
a
container
11
that
is
labeled
is
not
misbranded
solely
because
the
food
12
product
contains
a
percentage
of
insect
parts
or
plant
parts
13
considered
as
foreign
matter
in
the
industry.
14
Sec.
6.
NEW
SECTION
.
137E.6
Misbranded
food
products
——
15
label
prohibition.
16
1.
A
food
product
stored
in
a
container
is
misbranded
as
17
provided
in
section
137E.5
if
all
of
the
following
apply:
18
a.
The
food
product
contains
a
percentage
of
a
manufactured
19
meat
product.
20
b.
The
label
required
to
be
placed
on
the
container
includes
21
an
identifiable
meat
product
term.
22
2.
Subsection
1
does
not
apply
to
a
manufactured
meat
23
product
stored
in
a
container
if
the
label
placed
on
the
24
container
indicates
that
the
term
used
to
describe
the
25
manufactured
meat
product
is
a
substitute
for,
or
an
imitation
26
of,
an
identifiable
meat
product
term.
27
Sec.
7.
NEW
SECTION
.
137E.7
Misbranded
food
products
——
28
label
requirements.
29
1.
A
food
product
is
misbranded
as
provided
in
section
30
137E.5
if
all
of
the
following
apply:
31
a.
The
food
product
contains
a
percentage
of
a
manufactured
32
meat
product.
33
b.
The
label
required
to
be
placed
on
the
container
storing
34
the
food
product
does
not
contain
the
following
notice:
35
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7
S.F.
_____
THIS
FOOD
PRODUCT
IS
MANUFACTURED
FROM
STEM
CELL
CULTURES
OR
1
FROM
PLANTS,
INSECTS,
OR
BOTH.
2
2.
Subsection
1
does
not
apply
to
a
manufactured
meat
3
product
stored
in
a
container
offered
for
sale
or
sold
by
a
4
food
processing
plant
or
grocery
store,
if
the
department
5
elects
to
adopt
rules
establishing
a
system
to
approve
the
use
6
of
labels
placed
on
those
containers.
7
Sec.
8.
NEW
SECTION
.
137E.8
Penalty.
8
A
person
who
willfully
misbrands
a
food
product
in
violation
9
of
this
chapter
commits
a
simple
misdemeanor.
10
Sec.
9.
Section
137F.1,
Code
2024,
is
amended
by
adding
the
11
following
new
subsection:
12
NEW
SUBSECTION
.
10A.
“Grocery
store”
means
a
food
13
establishment
required
to
be
licensed
by
a
regulatory
authority
14
pursuant
to
section
137F.4
to
offer
for
sale
or
sell
food
15
or
food
products
to
customers
intended
for
preparation
or
16
consumption
off
premises.
17
Sec.
10.
Section
137F.3A,
subsection
1,
paragraph
a,
18
unnumbered
paragraph
1,
Code
2024,
is
amended
to
read
as
19
follows:
20
The
department
may
employ
additional
full-time
equivalent
21
positions
to
enforce
the
provisions
of
this
chapter
and
22
chapters
137C
,
and
137D
,
and
137E
with
the
approval
of
the
23
department
of
management,
if
either
of
the
following
apply:
24
Sec.
11.
Section
137F.3A,
subsection
1,
paragraph
b,
Code
25
2024,
is
amended
to
read
as
follows:
26
b.
Before
approval
may
be
given,
the
director
of
the
27
department
of
management
must
have
determined
that
the
expenses
28
exceed
the
funds
budgeted
by
the
general
assembly
for
food
29
inspections
to
the
department.
The
department
may
hire
no
more
30
than
one
full-time
equivalent
position
for
each
six
hundred
31
inspections
required
pursuant
to
this
chapter
and
chapters
32
137C
,
and
137D
,
and
137E
.
33
Sec.
12.
Section
137F.4,
Code
2024,
is
amended
to
read
as
34
follows:
35
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_____
137F.4
License
required.
1
1.
A
person
shall
not
operate
a
food
establishment
or
food
2
processing
plant
to
provide
goods
or
services
to
the
general
3
public,
or
open
a
food
establishment
to
the
general
public,
4
until
the
appropriate
license
has
been
obtained
from
the
5
regulatory
authority.
Sale
of
products
at
wholesale
to
outlets
6
not
owned
by
a
commissary
owner
requires
a
food
processing
7
plant
license.
A
license
shall
expire
one
year
from
the
date
8
of
issue.
A
license
is
renewable
if
application
for
renewal
is
9
made
prior
to
expiration
of
the
license
or
within
sixty
days
10
of
the
expiration
date
of
the
license.
All
licenses
issued
11
under
this
chapter
that
are
not
renewed
by
the
licensee
on
or
12
before
the
expiration
date
shall
be
subject
to
a
penalty
of
ten
13
percent
per
month
of
the
license
fee
if
the
license
is
renewed
14
at
a
later
date.
15
2.
A
license
issued
to
a
food
processing
plant
or
grocery
16
store
under
this
section
also
covers
the
operation
of
a
food
17
processing
plant
or
grocery
store
under
chapter
137E.
18
Sec.
13.
NEW
SECTION
.
137F.7A
Misbranding
certain
meat
food
19
products.
20
1.
A
regulatory
authority
shall
inspect
a
food
processing
21
plant
or
grocery
store
under
chapter
137E
in
the
same
manner
22
as
it
inspects
a
food
processing
plant
or
grocery
store
under
23
this
chapter.
24
2.
A
regulatory
authority
shall
enforce
the
provisions
in
25
chapter
137E
in
the
same
manner
as
it
enforces
the
provisions
26
of
this
chapter.
27
3.
A
violation
of
a
provision
in
chapter
137E
by
a
food
28
processing
plant
or
grocery
store
shall
be
deemed
to
be
29
a
violation
of
this
chapter,
and
may
be
grounds
for
the
30
suspension
or
revocation
of
a
license
issued
to
the
food
31
processing
plant
or
grocery
store
pursuant
to
section
137F.4.
32
EXPLANATION
33
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
34
the
explanation’s
substance
by
the
members
of
the
general
assembly.
35
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S.F.
_____
GENERAL.
This
bill
prohibits
the
misbranding
of
certain
1
food
products
that
are
manufactured
to
resemble
meat
products
2
that
are
not
derived
from
the
processing
(slaughter)
of
certain
3
domesticated
agricultural
food
animals
(animals),
including
4
cattle
and
bison,
goats,
sheep
and
lambs,
swine,
chickens,
5
and
turkeys.
A
manufactured
meat
product
is
formulated
as
a
6
cultivated-meat
product,
or
either
an
insect-meat
product
or
7
plant-meat
product.
In
all
three
cases,
the
food
product
has
8
one
or
more
sensory
attributes
that
resemble
a
type
of
tissue
9
originating
from
a
species
of
food
animal
but
that,
in
lieu
of
10
being
derived
from
slaughter,
is
derived
from
manufacturing
11
cells
grown
in
vitro,
meaning
outside
the
food
animal’s
body,
12
or
is
derived
from
manufacturing
parts
of
insects
or
plants
13
(new
Code
chapter
137E).
Provisions
of
the
bill
specifically
14
apply
to
food
processing
plants
and
grocery
stores
regulated
15
by
the
department
of
inspections,
appeals,
and
licensing
16
(DIAL)
or
a
political
subdivision
(a
municipal
corporation)
17
acting
under
contract
with
DIAL
(Code
section
137F.3).
Both
18
government
entities
are
referred
to
as
a
regulatory
authority.
19
A
food
processing
plant
manufactures,
packages,
labels,
or
20
stores
food
for
human
consumption
but
does
not
provide
a
food
21
product
directly
to
a
consumer.
A
food
establishment
stores,
22
prepares,
packages,
or
provides
a
food
product
for
human
23
consumption.
However,
a
number
of
businesses
are
excluded
from
24
the
definition
including
a
food
processing
plant
(amended
Code
25
section
137F.1).
The
bill
provides
that
a
grocery
store
is
a
26
type
of
food
establishment
that
offers
to
sell
or
sells
food
27
products
to
customers
intended
for
preparation
or
consumption
28
off
premises
(amended
Code
section
137F.1).
A
regulatory
29
authority
licenses
and
inspects
both
businesses
for
health
and
30
safety
purposes.
31
LABELING
REQUIREMENT.
The
bill
applies
to
a
food
product
32
stored
in
a
container
that
is
not
labeled
or
is
labeled
in
a
33
manner
that
would
likely
mislead
its
purchaser
under
normal
and
34
customary
conditions
of
the
sale
of
meat
products
(new
Code
35
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_____
sections
137E.3
and
137E.4).
1
MISBRANDED
FOOD
PRODUCTS.
The
bill
provides
that
a
food
2
product
is
misbranded
under
two
circumstances.
In
both
3
cases,
the
food
item
contains
a
percentage
of
a
manufactured
4
meat
product,
excluding
insects
or
plants
considered
foreign
5
material,
and
the
container’s
label
does
not
adequately
6
describe
the
manufactured
meat
product.
The
first
circumstance
7
of
misbranding
occurs
when
the
label
describes
the
manufactured
8
meat
product
by
using
a
term
identifiable
with
the
slaughter
9
of
a
food
animal
and
uses
the
common
name
identifying
the
10
resulting
cut
of
meat
such
as
steak,
chop,
or
wing
(new
Code
11
section
137E.6).
The
second
circumstance
of
misbranding
occurs
12
if
the
label
fails
to
notify
the
purchaser
that
the
food
13
product
contains
a
manufactured
meat
product.
The
label
must
14
include
a
notice
specifically
stating
that
the
food
product
is
15
manufactured
from
stem
cell
cultures,
or
from
insects,
plants,
16
or
both
(new
Code
section
137E.7).
Alternatively,
DIAL
may
17
adopt
rules
establishing
a
system
to
approve
the
use
of
labels
18
(Code
section
137E.7).
19
INSPECTIONS
AND
ENFORCEMENT.
The
bill
provides
that
a
20
regulatory
authority
must
inspect
a
food
processing
plant
21
or
grocery
store
to
determine
compliance
with
the
bill’s
22
provisions
under
new
Code
chapter
137E
in
the
same
manner
as
it
23
inspects
those
businesses
for
health
and
safety
purposes
under
24
amended
Code
chapter
137F.
The
regulatory
authority
may
suspend
25
or
revoke
a
license
issued
under
amended
Code
chapter
137F
for
26
a
violation
of
new
Code
chapter
137E
(new
Code
section
137E.2
27
and
amended
Code
section
137F.7A).
28
CRIMINAL
OFFENSE.
A
person
who
willfully
misbrands
a
food
29
product
in
violation
of
the
bill’s
provisions
commits
a
simple
30
misdemeanor.
A
simple
misdemeanor
is
punishable
by
confinement
31
for
no
more
than
30
days
and
a
fine
of
at
least
$105
but
not
32
more
than
$855.
33
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5774XC
(3)
90
da/ns
7/
7