Senate
File
2391
-
Reprinted
SENATE
FILE
2391
BY
COMMITTEE
ON
AGRICULTURE
(SUCCESSOR
TO
SSB
3162)
(As
Amended
and
Passed
by
the
Senate
February
27,
2024
)
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
SF
2391
(3)
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da/ns/mb
S.F.
2391
Section
1.
NEW
SECTION
.
135.16C
Federal
nutrition
programs
1
——
cultivated-protein
food
products.
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”
or
“program”
means
any
of
the
7
following:
8
(1)
The
special
supplemental
nutrition
program
for
women,
9
infants,
and
children
as
provided
in
42
U.S.C.
§1786
et
seq.
10
(2)
The
supplemental
nutrition
assistance
program
as
11
provided
in
7
U.S.C.
ch.
51.
12
2.
If
the
United
States
department
of
agriculture
approves
13
cultivated-protein
food
products
for
purchase
under
a
federal
14
nutrition
program,
the
department
of
health
and
human
services
15
shall
submit
a
request
to
the
United
States
department
of
16
agriculture
for
a
waiver
or
other
exception
that
excludes
17
cultivated-protein
food
products
from
program
eligibility
in
18
this
state.
19
Sec.
2.
NEW
SECTION
.
137E.1
Definitions.
20
As
used
in
this
chapter,
unless
the
context
otherwise
21
requires:
22
1.
“Agricultural
food
animal”
means
a
domesticated
animal
23
belonging
to
the
bovine,
caprine,
ovine,
or
porcine
species;
or
24
live
domestic
fowl
limited
to
chickens
or
turkeys.
25
2.
“Cultivated-protein
food
product”
means
a
food
product
26
having
one
or
more
sensory
attributes
that
resemble
a
type
27
of
tissue
originating
from
an
agricultural
food
animal
but
28
that,
in
lieu
of
being
derived
from
meat
processing,
is
derived
29
from
manufacturing
cells,
in
which
one
or
more
stem
cells
are
30
initially
isolated
from
an
agricultural
food
animal,
are
grown
31
in
vitro,
and
may
be
manipulated,
as
part
of
a
manufacturing
32
operation.
33
3.
“Department”
means
the
department
of
inspections,
34
appeals,
and
licensing.
35
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4.
“Food
processing
plant”
means
the
same
as
defined
in
1
section
137F.1.
2
5.
“Food
product”
means
a
perishable
or
nonperishable
item
3
stored
in
a
container
or
package,
if
the
item
is
fit
for
human
4
consumption.
5
6.
a.
“Identifying
meat
term”
means
any
word
or
phrase
6
that
states,
indicates,
suggests,
or
describes
a
meat
product,
7
regardless
of
whether
the
word
or
phrase
is
used
individually,
8
as
a
portmanteau,
or
as
a
compound
word.
9
b.
“Identifying
meat
term”
includes
but
is
not
limited
to
10
any
of
the
following:
11
(1)
(a)
A
common
name
for
the
species
of
the
agricultural
12
food
animal
subject
to
slaughter
and
processing,
including
a
13
calf
or
cow,
chicken,
goat
or
kid,
hog
or
pig,
poultry,
lamb
or
14
sheep,
or
turkey.
15
(b)
A
common
name
for
a
characteristic
of
a
species
of
the
16
agricultural
food
animal
subject
to
slaughter
and
processing
17
based
on
age,
breed,
or
sex.
18
(2)
(a)
Meat.
19
(b)
Beef
or
veal;
broiler,
fryer,
poulet,
or
yearling;
20
cabrito
or
chevon;
lamb
or
mutton;
or
pork.
21
(c)
A
common
name
used
to
describe
a
major
cut
of
a
meat
22
of
an
agricultural
food
animal
slaughtered
and
processed,
23
including
a
major
meat
cut
specified
in
9
C.F.R.
§317.344;
24
a
poultry
product
such
as
breast,
drumstick,
giblet,
thigh,
25
or
wing;
or
the
common
name
of
an
organ
or
offal,
including
26
gizzard,
heart,
liver,
kidney,
or
tongue.
27
(d)
Any
other
common
name
that
a
reasonable
purchaser
would
28
immediately
and
exclusively
associate
with
a
meat
product
29
prepared
for
sale
in
normal
commercial
channels
such
as
bacon,
30
baloney,
bologna,
bone,
brat
or
bratwurst,
brisket,
burger
31
or
hamburger,
butt,
chop,
chuck,
cold
cut,
cutlet,
filet,
32
flat
iron,
frank
or
frankfurter,
ham,
hock,
hot
dog,
jerky,
33
liverwurst,
loin,
London
broil,
lunch
meat,
New
York
strip,
34
pepperoni,
porterhouse,
ribeye,
roast,
rib
or
sparerib,
salami,
35
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sausage,
shank,
sirloin,
tenderloin,
or
a
comparable
word
or
1
phrase
as
approved
by
the
department.
2
7.
“Insect-protein
food
product”
means
a
food
product
having
3
one
or
more
sensory
attributes
that
resemble
a
type
of
tissue
4
originating
from
an
agricultural
food
animal
but
that,
in
5
lieu
of
being
derived
from
meat
processing,
is
derived
from
6
manufacturing
insect
parts.
7
8.
“Label”
means
a
display
of
written,
printed,
or
graphic
8
matter
placed
upon
any
container
storing
a
food
product
that
9
is
offered
for
sale
or
sold
on
a
wholesale
or
retail
basis,
10
regardless
of
whether
the
label
is
printed
on
the
container’s
11
packaging
or
a
sticker
affixed
to
the
container.
12
9.
“Manufactured-protein
food
product”
means
a
13
cultivated-protein
food
product,
insect-protein
food
product,
14
or
plant-protein
food
product.
15
10.
“Meat
processing”
means
the
handling,
preparation,
and
16
slaughter
of
an
agricultural
food
animal;
the
dressing
of
its
17
carcass;
or
the
cutting,
storage,
and
packaging
of
its
tissue
18
or
other
parts
as
a
food
product.
19
11.
“Meat
product”
means
a
food
product
derived
from
meat
20
processing.
21
12.
“Plant-protein
food
product”
means
a
food
product
having
22
one
or
more
sensory
attributes
that
resemble
a
type
of
tissue
23
found
in
a
species
of
agricultural
food
animal
but
that,
in
24
lieu
of
being
derived
from
meat
processing,
is
derived
from
25
manufacturing
plant
parts.
26
13.
a.
“Qualifying
term”
means
a
word,
compound
word,
or
27
phrase
that
would
clearly
disclose
to
a
reasonable
purchaser
of
28
meat
products
from
a
food
processing
plant
that
a
food
product
29
is
not
a
meat
product.
30
b.
“Qualifying
term”
includes
but
is
not
limited
to
31
cell-cultivated,
cell-cultured,
fake,
grown
in
a
lab,
32
imitation,
insect,
insect-based,
insect-protein,
lab-created,
33
lab-grown,
meat
free,
meatless,
plant,
plant-based,
vegan,
34
vegetable,
vegetarian,
veggie,
or
a
comparable
word
or
phrase
35
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as
approved
by
the
department.
1
14.
“Regulatory
authority”
means
the
same
as
defined
in
2
section
137F.1.
3
Sec.
3.
NEW
SECTION
.
137E.2
Administration.
4
1.
In
conducting
a
routine
inspection
of
the
premises
of
a
5
food
processing
plant
licensed
under
chapter
137F,
a
regulatory
6
authority
is
not
required
to
determine
if
any
food
product
7
located
on
the
premises
is
misbranded
as
a
meat
product
as
8
provided
in
section
137E.3.
9
2.
A
regulatory
authority
shall
inspect
an
inventory
of
10
food
products
offered
for
sale
or
sold
at
a
food
processing
11
plant
based
on
a
credible
complaint
that
the
food
products
are
12
misbranded
as
meat
products
as
provided
in
section
137E.3.
13
3.
A
regulatory
authority
shall
have
the
same
powers
to
14
inspect
a
food
processing
plant
under
this
chapter
as
it
does
15
under
chapter
137F.
16
4.
The
department
shall
adopt
rules
pursuant
to
chapter
17A
17
that
are
necessary
or
desirable
to
administer
and
enforce
this
18
chapter.
19
Sec.
4.
NEW
SECTION
.
137E.3
Misbranded
food
product.
20
A
food
product
is
misbranded
as
a
meat
product
if
all
of
the
21
following
apply:
22
1.
The
food
product
is
a
manufactured-protein
food
product
23
or
the
food
product
contains
a
manufactured-protein
food
24
product.
25
2.
The
food
product
is
offered
for
sale
or
sold
by
a
food
26
processing
plant.
27
3.
a.
A
label
that
is
part
of
or
placed
on
the
package
28
or
other
container
storing
the
food
product
includes
an
29
identifying
meat
term.
30
b.
Paragraph
“a”
does
not
apply
if
the
label
contains
a
31
conspicuous
and
prominent
qualifying
term
in
close
proximity
to
32
an
identifying
meat
term.
33
Sec.
5.
NEW
SECTION
.
137E.4
Prohibition
——
sale.
34
A
food
processing
plant
shall
not
offer
for
sale
or
sell
a
35
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food
product
that
is
misbranded
as
a
meat
product
as
provided
1
in
section
137E.3.
2
Sec.
6.
NEW
SECTION
.
137E.5
Enforcement
——
stop
order.
3
1.
If
a
regulatory
authority
has
reasonable
cause
to
believe
4
that
a
food
processing
plant
is
offering
for
sale
or
selling
a
5
food
product
that
is
misbranded
as
a
meat
product
in
violation
6
of
section
137E.4,
the
regulatory
authority
may
issue
a
stop
7
order.
Upon
being
issued
the
stop
order,
the
food
processing
8
plant
shall
not
offer
for
sale
or
sell
the
food
product
until
9
the
regulatory
authority
determines
that
the
food
product
is
or
10
is
not
misbranded
as
a
meat
product.
11
2.
The
regulatory
authority
may
require
that
the
food
12
product
be
held
by
the
food
processing
plant
and
be
secured
13
from
purchase.
14
3.
If
a
regulatory
authority
determines
that
the
food
15
product
being
offered
for
sale
or
sold
by
a
food
processing
16
plant
is
misbranded
as
a
meat
product,
the
regulatory
authority
17
may
issue
an
embargo
order
requiring
the
food
processing
plant
18
to
dispose
of
the
misbranded
meat
product
other
than
by
sale
to
19
purchasers
in
this
state.
20
4.
The
department,
the
attorney
general,
or
the
county
21
attorney
in
the
county
where
the
food
product
is
being
offered
22
for
sale
or
sold
may
enforce
the
stop
order
or
embargo
order
by
23
petitioning
the
district
court
of
that
county.
24
Sec.
7.
NEW
SECTION
.
137E.6
Violation
——
misbranding
——
25
civil
penalty.
26
1.
A
food
processing
plant
shall
not
misbrand
a
food
product
27
as
a
meat
product
as
provided
in
section
137E.3
as
determined
28
by
the
department.
29
2.
A
food
processing
plant
violating
subsection
1
is
subject
30
to
a
civil
penalty
of
not
more
than
five
hundred
dollars,
not
31
to
exceed
ten
thousand
dollars
total
for
violations
arising
32
out
of
the
same
transaction
or
occurrence.
Each
day
that
a
33
violation
continues
constitutes
a
separate
offense.
34
3.
The
department
shall
impose
the
civil
penalty
provided
35
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in
subsection
2.
A
food
processing
plant
may
contest
the
1
imposition
of
the
civil
penalty
by
initiating
a
contested
case
2
proceeding
pursuant
to
chapter
17A.
3
4.
Civil
penalties
collected
under
this
section
shall
be
4
deposited
in
the
general
fund
of
the
state.
5
Sec.
8.
Section
137F.3A,
subsection
1,
paragraph
a,
6
unnumbered
paragraph
1,
Code
2024,
is
amended
to
read
as
7
follows:
8
The
department
may
employ
additional
full-time
equivalent
9
positions
to
enforce
the
provisions
of
this
chapter
and
10
chapters
137C
,
and
137D
,
and
137E
with
the
approval
of
the
11
department
of
management,
if
either
of
the
following
apply:
12
Sec.
9.
Section
137F.3A,
subsection
1,
paragraph
b,
Code
13
2024,
is
amended
to
read
as
follows:
14
b.
Before
approval
may
be
given,
the
director
of
the
15
department
of
management
must
have
determined
that
the
expenses
16
exceed
the
funds
budgeted
by
the
general
assembly
for
food
17
inspections
to
the
department.
The
department
may
hire
no
more
18
than
one
full-time
equivalent
position
for
each
six
hundred
19
inspections
required
pursuant
to
this
chapter
and
chapters
20
137C
,
and
137D
,
and
137E
.
21
Sec.
10.
Section
137F.4,
Code
2024,
is
amended
to
read
as
22
follows:
23
137F.4
License
required.
24
1.
A
person
shall
not
operate
a
food
establishment
or
food
25
processing
plant
to
provide
goods
or
services
to
the
general
26
public,
or
open
a
food
establishment
to
the
general
public,
27
until
the
appropriate
license
has
been
obtained
from
the
28
regulatory
authority.
Sale
of
products
at
wholesale
to
outlets
29
not
owned
by
a
commissary
owner
requires
a
food
processing
30
plant
license.
A
license
shall
expire
one
year
from
the
date
31
of
issue.
A
license
is
renewable
if
application
for
renewal
is
32
made
prior
to
expiration
of
the
license
or
within
sixty
days
33
of
the
expiration
date
of
the
license.
All
licenses
issued
34
under
this
chapter
that
are
not
renewed
by
the
licensee
on
or
35
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before
the
expiration
date
shall
be
subject
to
a
penalty
of
ten
1
percent
per
month
of
the
license
fee
if
the
license
is
renewed
2
at
a
later
date.
3
2.
A
regulatory
authority
shall
not
suspend
or
revoke
a
4
license
issued
to
a
food
processing
plant
under
this
chapter
5
for
offering
for
sale
or
selling
a
food
product
that
is
6
misbranded
as
a
meat
product
in
violation
of
section
137E.4.
7
3.
A
license
issued
to
a
food
processing
plant
under
this
8
section
also
covers
the
operation
of
a
food
processing
plant
9
under
chapter
137E.
10
Sec.
11.
NEW
SECTION
.
260C.10
Purchases
——
meat
products.
11
The
board
of
directors
providing
services
to
a
merged
area,
12
and
the
board
of
directors
of
a
community
college,
shall
13
establish
policies
to
prevent
the
purchase
of
a
food
product
14
that
is
any
of
the
following:
15
1.
Misbranded
as
a
meat
product
as
prohibited
in
chapter
16
137E.
17
2.
A
cultivated-protein
food
product
as
defined
in
section
18
137E.1.
19
Sec.
12.
NEW
SECTION
.
262.25D
Purchases
——
meat
products.
20
The
state
board
of
regents,
and
institutions
under
the
21
control
of
the
board,
shall
establish
policies
to
prevent
the
22
purchase
of
a
food
product
that
is
any
of
the
following:
23
1.
Misbranded
as
a
meat
product
as
prohibited
in
chapter
24
137E.
25
2.
A
cultivated-protein
food
product
as
defined
in
section
26
137E.1.
27
Sec.
13.
NEW
SECTION
.
283A.12
Purchases
——
meat
products.
28
The
department
of
education,
and
school
boards,
shall
29
establish
policies
to
prevent
the
purchase
of
a
food
product
30
that
is
any
of
the
following:
31
1.
Misbranded
as
a
meat
product
as
prohibited
in
chapter
32
137E.
33
2.
A
cultivated-protein
food
product
as
defined
in
section
34
137E.1.
35
-7-
SF
2391
(3)
90
da/ns/mb
7/
7