House
File
2443
-
Introduced
HOUSE
FILE
2443
BY
TUREK
A
BILL
FOR
An
Act
providing
for
a
country
of
origin
label
for
certain
1
products,
allowing
for
injunctive
relief,
and
making
2
penalties
applicable.
3
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
4
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Section
1.
NEW
SECTION
.
191.11
Country
of
origin
labeling
1
program.
2
1.
The
department
shall
adopt
rules
to
establish
a
country
3
of
origin
labeling
program
for
beef
and
pork
meat
products
4
sold
in
this
state
on
a
retail
basis
including
muscle
cuts
of
5
beef,
muscle
cuts
of
pork,
ground
beef,
and
ground
pork.
The
6
rules
may
be
based
on
regulations
requiring
country
of
origin
7
labeling
for
those
products
as
published
in
74
Fed.
Reg.
2658.
8
2.
The
department
shall
not
adopt
rules
described
in
9
subsection
1,
until
it
obtains
any
necessary
waiver
from
10
the
United
States
department
of
agriculture
based
on
an
11
authorizing
statute
enacted
by
the
United
States
Congress.
If
12
the
department
determines
that
it
requires
state
legislation
13
prior
to
adopting
any
rules
under
this
section,
the
department
14
shall
prepare
and
submit
such
legislation
to
the
Ninety-second
15
General
Assembly
prior
to
its
first
session
convening.
The
16
department
shall
submit
a
report
to
the
general
assembly
17
no
later
than
January
1,
2027,
detailing
its
progress
in
18
implementing
this
section.
19
EXPLANATION
20
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
21
the
explanation’s
substance
by
the
members
of
the
general
assembly.
22
BACKGROUND
——
FEDERAL
LAW.
In
the
Consolidated
23
Appropriations
Act,
2016
(Pub.
L.
No.
114-113),
the
United
24
States
Congress
enacted
legislation
that
removed
mandatory
25
labeling
requirements
for
beef
and
pork
meat
products
that
had
26
been
administered
and
enforced
under
regulations
adopted
by
the
27
United
States
department
of
agriculture
(USDA)
and
published
in
28
the
Federal
Register
in
2009.
29
BACKGROUND
——
IOWA
LAW.
Title
V,
subtitle
4,
of
the
Code
30
provides
for
the
regulation
of
agriculture-related
products
31
and
activities
by
the
department
of
agriculture
and
land
32
stewardship
(DALS).
Code
chapter
191
sets
forth
labeling
33
requirements
for
food
products
to
the
extent
such
requirements
34
have
not
been
preempted
by
federal
law
(see
21
U.S.C.
ch.
35
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2443
9).
Code
section
189.21
provides
that
any
person
violating
1
a
provision
of
Code
Title
V,
subtitle
4,
or
any
rule
adopted
2
by
DALS
pursuant
to
that
provision
is
guilty
of
a
simple
3
misdemeanor.
A
simple
misdemeanor
is
punishable
by
confinement
4
for
no
more
than
30
days
and
a
fine
of
at
least
$105
but
not
5
more
than
$855.
Code
section
191.10
provides
that
DALS
may
6
restrain
a
person
violating
a
provision
in
Code
chapter
191
or
7
a
rule
adopted
by
DALS
under
that
Code
chapter,
by
petitioning
8
a
district
court
for
injunctive
relief.
9
BILL’S
PROVISION.
This
bill
enacts
a
provision
in
Code
10
chapter
191
that
requires
DALS
to
adopt
rules
to
establish
a
11
country
of
origin
labeling
state
program
for
beef
and
pork
12
meat
products
sold
in
this
state
on
a
retail
basis
(state
13
program).
The
rules
may
be
based
on
the
superseded
USDA
14
regulations.
The
bill
prohibits
DALS
from
adopting
such
rules
15
unless
it
first
obtains
any
necessary
waiver
by
the
USDA
based
16
on
an
authorizing
congressional
statute.
If
DALS
determines
17
that
it
requires
state
legislation
to
further
implement
the
18
state
program,
it
is
required
to
prepare
such
legislation
for
19
consideration
by
the
92nd
General
Assembly
during
its
first
20
session.
DALS
must
submit
a
report
to
the
general
assembly
21
not
later
than
January
1,
2027,
detailing
its
progress
in
22
implementing
the
bill’s
provisions.
23
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