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 -1- LSB 5774XC (3) 90 da/ns 1/ 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 -2- LSB 5774XC (3) 90 da/ns 2/ 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 -3- LSB 5774XC (3) 90 da/ns 3/ 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 -4- LSB 5774XC (3) 90 da/ns 4/ 7
S.F. _____ 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 -5- LSB 5774XC (3) 90 da/ns 5/ 7
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 -6- LSB 5774XC (3) 90 da/ns 6/ 7
S.F. _____ 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 -7- LSB 5774XC (3) 90 da/ns 7/ 7