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Senate Study Bill 3201 - IntroducedA Bill ForAn Act 1providing for the sale of certain homemade food to end
2consumers.
3BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1DIVISION I
2Home Food Program
3 Section 1. NEW SECTION. 137G.1 Short title.
4This chapter shall be known and may be cited as the “Iowa
5Food Freedom Act”.
6 Sec. 2. NEW SECTION. 137G.2 Definitions.
7As used in this chapter, unless the context otherwise
8requires:
91. “Delivery” means the transfer of homemade food resulting
10from a transaction between a producer and an end consumer.
112. “Department” means the department of inspections and
12appeals.
133. “End consumer” means a person who is the last person to
14purchase food, and who does not resell the food.
154. “Farm” means a location that operates to generate income
16from the sale of food produced at the location, including but
17not limited to income reportable on a schedule F as part of a
18form 1040 or form 1041 tax return filed with the United States
19internal revenue service.
205. “Farmers market” means the same as defined in section
21137F.1.
226. “Food” means any raw or prepared edible substance,
23beverage, or ingredient used or sold, or intended for use or
24sale, in whole or in part for human consumption.
257. “Food establishment” means the same as defined in section
26137F.1.
278. “Home” means the premises of a private residence,
28including a kitchen that is part of the premises, where
29homemade food is prepared or processed.
309. “Home consumption” means any of the following:
31a. The consumption of food in a home.
32b. The consumption of food from a home and only by a family
33member, an employee, or a nonpaying guest.
3410. “Homemade food” means food that is prepared or processed
35in a kitchen of a home.
-1- 111. “Prepare” includes to package or store food.
212. “Process” means an act related to manufacturing or
3treating a product, or combining products, to create food,
4including but not limited to cooking or baking.
513. “Producer” means a person who grows, harvests, prepares,
6or processes food on property owned or leased by the person.
714. “Transaction” means an exchange involving the buying and
8selling of a good.
9 Sec. 3. NEW SECTION. 137G.3 Purpose.
10The purpose of this chapter is to allow for a producer’s
11production, preparation, processing, and sale of homemade
12food to an informed end consumer for the end consumer’s home
13consumption and to encourage the expansion of food sales at
14a producer’s farm, a producer’s home or office, or a farmers
15market by doing all of the following:
161. Facilitating the purchase and consumption of fresh and
17local food.
182. Enhancing the agricultural economy.
193. Providing Iowa citizens with unimpeded access to healthy
20food from known sources.
21 Sec. 4. NEW SECTION. 137G.4 Scope of regulation.
221. Notwithstanding any provision of law to the contrary,
23homemade food that is prepared or processed and sold or
24offered for sale in compliance with this chapter is exempt from
25licensure, certification, permitting, inspection, packaging,
26and labeling requirements.
272. A transaction under this chapter shall be subject to all
28of the following requirements:
29a. The transaction must occur directly between the producer
30and the end consumer.
31b. The homemade food subject to the transaction must only
32be used for home consumption.
33c. The transaction must occur entirely in this state and
34must not involve interstate commerce.
35d. The transaction must not involve the sale of a meat food
-2-1product. However, the transaction may involve the sale of a
2domestic rabbit meat product.
3e. The transaction must not involve the sale of a poultry
4product, unless all of the following apply:
5(1) The producer slaughters not more than one thousand
6poultry that the producer owns and raises during any calendar
7year.
8(2) The producer does not engage in buying or selling
9poultry products other than those produced from poultry that
10the producer raises.
11(3) The poultry product is not adulterated or misbranded.
12f. The transaction must not involve any of the following:
13(1) The sale of live animals.
14(2) The sale of portions of live animals before slaughter
15for future delivery.
16g. The transaction must not involve the sale of farm-raised
17fish, unless all of the following apply:
18(1) The fish is produced in accordance with chapter 481A.
19(2) The fish is not catfish.
203. a. Homemade food must be sold or offered for sale at the
21farm where the homemade food was produced, the producer’s home
22or office, a farmers market, or any other location agreed to by
23the producer and end consumer.
24b. A producer may arrange for the delivery of homemade food
25by the producer or the producer’s designated agent at a farm
26where the homemade food was produced, the producer’s home or
27office, a farmers market, or any location agreed to by the
28producer and the end consumer.
29c. (1) Homemade food may be sold or offered for sale at
30a retail space located at the farm where the homemade food
31is produced, or a home where the homemade food is prepared
32or processed. The retail space shall display information
33notifying an end consumer that the retail space has not been
34inspected. If the retail space is associated with a food
35establishment or offers for sale any food subject to inspection
-3-1by the department, the retail space shall be subject to rules
2adopted by the department pursuant to chapter 17A. The rules
3shall at least require all of the following:
4(a) That the retail space be physically separated from
5the food establishment with a separate door and separate cash
6register or point of sale.
7(b) That each separate space shall include a sign clearly
8indicating which spaces offer inspected food for sale and which
9spaces offer homemade food that is not inspected.
10(c) The separation of coolers, freezers, and warehouse or
11other storage areas to prohibit the intermingling of inspected
12food for sale and homemade food that is not inspected.
13(2) Subparagraph (1) does not apply to fresh fruits or
14vegetables.
154. A producer shall inform the end consumer that any
16homemade food sold is not subject to state regulation as
17provided in this section.
185. Nothing in this chapter shall be construed to do any of
19the following:
20a. Impede the Iowa department of public health from
21conducting any investigation of a foodborne illness.
22b. Change animal health requirements by the department of
23agriculture and land stewardship pursuant to Title V.
24c. Preclude a state agency from providing assistance,
25consultation, or inspection at the request of a producer.
26 Sec. 5. NEW SECTION. 137G.5 Rulemaking.
27The department may adopt rules pursuant to chapter 17A as
28necessary to administer this chapter.
29DIVISION II
30Related changes
31 Sec. 6. NEW SECTION. 137D.9 Exception.
32This chapter does not apply to the production, preparation,
33processing, sale, or offer for sale of homemade food to the
34extent allowed under chapter 137G.
35 Sec. 7. NEW SECTION. 137F.20 Exception.
-4- 1This chapter does not apply to the production, preparation,
2processing, sale, or offer for sale of homemade food to the
3extent allowed under chapter 137G.
4 Sec. 8. NEW SECTION. 189.32 Exception.
5This chapter does not apply to the production, preparation,
6processing, sale, or offer for sale of homemade food to the
7extent allowed under chapter 137G.
8 Sec. 9. NEW SECTION. 189A.23 Exception.
9This chapter does not apply to the production, preparation,
10processing, sale, or offer for sale of homemade food to the
11extent allowed under chapter 137G.
12 Sec. 10. NEW SECTION. 190.16 Exception.
13This chapter does not apply to the production, preparation,
14processing, sale, or offer for sale of homemade food to the
15extent allowed under chapter 137G.
16 Sec. 11. NEW SECTION. 191.9A Exception.
17This chapter does not apply to the production, preparation,
18processing, sale, or offer for sale of homemade food to the
19extent allowed under chapter 137G.
20 Sec. 12. NEW SECTION. 192.105A Exception.
21This chapter does not apply to the production, preparation,
22processing, sale, or offer for sale of homemade food to the
23extent allowed under chapter 137G.
24 Sec. 13. NEW SECTION. 194.26 Exception.
25This chapter does not apply to the production, preparation,
26processing, sale, or offer for sale of homemade food to the
27extent allowed under chapter 137G.
28 Sec. 14. NEW SECTION. 196.13A Exception.
29This chapter does not apply to the production, preparation,
30processing, sale, or offer for sale of homemade food to the
31extent allowed under chapter 137G.
32EXPLANATION
33The inclusion of this explanation does not constitute agreement with
34the explanation’s substance by the members of the general assembly.
35This bill provides that notwithstanding any other law
-5-1to the contrary, a person may engage in the production,
2preparation, processing, and sale of homemade food (including
3beverages) without obtaining an authorization (permit,
4license, or certification) by the state or being subject to
5state inspection, packaging, or labeling requirements. The
6department of inspections and appeals is responsible for
7administering the bill’s provisions.
8The bill provides that a sales transaction must be made
9directly between a producer and an end consumer who must be
10provided notice regarding the producer’s exempt status. Any
11preparation or processing must occur in a home, the transaction
12cannot involve interstate commerce, and the items subject to
13the transaction cannot include meat other than rabbit, and
14under certain conditions poultry or fish. The transaction must
15occur at a farmers market, a farm, a producer’s home or office,
16or another location agreed to by the producer and end consumer.
17The bill includes special restrictions on a retail space where
18the item is sold in proximity to a food establishment such as a
19restaurant or grocery store subject to license and inspection
20requirements.
21The bill provides exemptions from requirements in a number
22of Code chapters that would otherwise apply, including Code
23chapters 137D (home bakeries), 137F (food establishments and
24food processing plants), 189 (general food regulations), 189A
25(meat and poultry inspection), 190 (adulteration of foods), 191
26(labeling of foods), 192 and 194 (licensing and inspection of
27dairy facilities), and 196 (egg handlers).
-6-da/ns
2consumers.
3BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1DIVISION I
2Home Food Program
3 Section 1. NEW SECTION. 137G.1 Short title.
4This chapter shall be known and may be cited as the “Iowa
5Food Freedom Act”.
6 Sec. 2. NEW SECTION. 137G.2 Definitions.
7As used in this chapter, unless the context otherwise
8requires:
91. “Delivery” means the transfer of homemade food resulting
10from a transaction between a producer and an end consumer.
112. “Department” means the department of inspections and
12appeals.
133. “End consumer” means a person who is the last person to
14purchase food, and who does not resell the food.
154. “Farm” means a location that operates to generate income
16from the sale of food produced at the location, including but
17not limited to income reportable on a schedule F as part of a
18form 1040 or form 1041 tax return filed with the United States
19internal revenue service.
205. “Farmers market” means the same as defined in section
21137F.1.
226. “Food” means any raw or prepared edible substance,
23beverage, or ingredient used or sold, or intended for use or
24sale, in whole or in part for human consumption.
257. “Food establishment” means the same as defined in section
26137F.1.
278. “Home” means the premises of a private residence,
28including a kitchen that is part of the premises, where
29homemade food is prepared or processed.
309. “Home consumption” means any of the following:
31a. The consumption of food in a home.
32b. The consumption of food from a home and only by a family
33member, an employee, or a nonpaying guest.
3410. “Homemade food” means food that is prepared or processed
35in a kitchen of a home.
-1- 111. “Prepare” includes to package or store food.
212. “Process” means an act related to manufacturing or
3treating a product, or combining products, to create food,
4including but not limited to cooking or baking.
513. “Producer” means a person who grows, harvests, prepares,
6or processes food on property owned or leased by the person.
714. “Transaction” means an exchange involving the buying and
8selling of a good.
9 Sec. 3. NEW SECTION. 137G.3 Purpose.
10The purpose of this chapter is to allow for a producer’s
11production, preparation, processing, and sale of homemade
12food to an informed end consumer for the end consumer’s home
13consumption and to encourage the expansion of food sales at
14a producer’s farm, a producer’s home or office, or a farmers
15market by doing all of the following:
161. Facilitating the purchase and consumption of fresh and
17local food.
182. Enhancing the agricultural economy.
193. Providing Iowa citizens with unimpeded access to healthy
20food from known sources.
21 Sec. 4. NEW SECTION. 137G.4 Scope of regulation.
221. Notwithstanding any provision of law to the contrary,
23homemade food that is prepared or processed and sold or
24offered for sale in compliance with this chapter is exempt from
25licensure, certification, permitting, inspection, packaging,
26and labeling requirements.
272. A transaction under this chapter shall be subject to all
28of the following requirements:
29a. The transaction must occur directly between the producer
30and the end consumer.
31b. The homemade food subject to the transaction must only
32be used for home consumption.
33c. The transaction must occur entirely in this state and
34must not involve interstate commerce.
35d. The transaction must not involve the sale of a meat food
-2-1product. However, the transaction may involve the sale of a
2domestic rabbit meat product.
3e. The transaction must not involve the sale of a poultry
4product, unless all of the following apply:
5(1) The producer slaughters not more than one thousand
6poultry that the producer owns and raises during any calendar
7year.
8(2) The producer does not engage in buying or selling
9poultry products other than those produced from poultry that
10the producer raises.
11(3) The poultry product is not adulterated or misbranded.
12f. The transaction must not involve any of the following:
13(1) The sale of live animals.
14(2) The sale of portions of live animals before slaughter
15for future delivery.
16g. The transaction must not involve the sale of farm-raised
17fish, unless all of the following apply:
18(1) The fish is produced in accordance with chapter 481A.
19(2) The fish is not catfish.
203. a. Homemade food must be sold or offered for sale at the
21farm where the homemade food was produced, the producer’s home
22or office, a farmers market, or any other location agreed to by
23the producer and end consumer.
24b. A producer may arrange for the delivery of homemade food
25by the producer or the producer’s designated agent at a farm
26where the homemade food was produced, the producer’s home or
27office, a farmers market, or any location agreed to by the
28producer and the end consumer.
29c. (1) Homemade food may be sold or offered for sale at
30a retail space located at the farm where the homemade food
31is produced, or a home where the homemade food is prepared
32or processed. The retail space shall display information
33notifying an end consumer that the retail space has not been
34inspected. If the retail space is associated with a food
35establishment or offers for sale any food subject to inspection
-3-1by the department, the retail space shall be subject to rules
2adopted by the department pursuant to chapter 17A. The rules
3shall at least require all of the following:
4(a) That the retail space be physically separated from
5the food establishment with a separate door and separate cash
6register or point of sale.
7(b) That each separate space shall include a sign clearly
8indicating which spaces offer inspected food for sale and which
9spaces offer homemade food that is not inspected.
10(c) The separation of coolers, freezers, and warehouse or
11other storage areas to prohibit the intermingling of inspected
12food for sale and homemade food that is not inspected.
13(2) Subparagraph (1) does not apply to fresh fruits or
14vegetables.
154. A producer shall inform the end consumer that any
16homemade food sold is not subject to state regulation as
17provided in this section.
185. Nothing in this chapter shall be construed to do any of
19the following:
20a. Impede the Iowa department of public health from
21conducting any investigation of a foodborne illness.
22b. Change animal health requirements by the department of
23agriculture and land stewardship pursuant to Title V.
24c. Preclude a state agency from providing assistance,
25consultation, or inspection at the request of a producer.
26 Sec. 5. NEW SECTION. 137G.5 Rulemaking.
27The department may adopt rules pursuant to chapter 17A as
28necessary to administer this chapter.
29DIVISION II
30Related changes
31 Sec. 6. NEW SECTION. 137D.9 Exception.
32This chapter does not apply to the production, preparation,
33processing, sale, or offer for sale of homemade food to the
34extent allowed under chapter 137G.
35 Sec. 7. NEW SECTION. 137F.20 Exception.
-4- 1This chapter does not apply to the production, preparation,
2processing, sale, or offer for sale of homemade food to the
3extent allowed under chapter 137G.
4 Sec. 8. NEW SECTION. 189.32 Exception.
5This chapter does not apply to the production, preparation,
6processing, sale, or offer for sale of homemade food to the
7extent allowed under chapter 137G.
8 Sec. 9. NEW SECTION. 189A.23 Exception.
9This chapter does not apply to the production, preparation,
10processing, sale, or offer for sale of homemade food to the
11extent allowed under chapter 137G.
12 Sec. 10. NEW SECTION. 190.16 Exception.
13This chapter does not apply to the production, preparation,
14processing, sale, or offer for sale of homemade food to the
15extent allowed under chapter 137G.
16 Sec. 11. NEW SECTION. 191.9A Exception.
17This chapter does not apply to the production, preparation,
18processing, sale, or offer for sale of homemade food to the
19extent allowed under chapter 137G.
20 Sec. 12. NEW SECTION. 192.105A Exception.
21This chapter does not apply to the production, preparation,
22processing, sale, or offer for sale of homemade food to the
23extent allowed under chapter 137G.
24 Sec. 13. NEW SECTION. 194.26 Exception.
25This chapter does not apply to the production, preparation,
26processing, sale, or offer for sale of homemade food to the
27extent allowed under chapter 137G.
28 Sec. 14. NEW SECTION. 196.13A Exception.
29This chapter does not apply to the production, preparation,
30processing, sale, or offer for sale of homemade food to the
31extent allowed under chapter 137G.
32EXPLANATION
33The inclusion of this explanation does not constitute agreement with
34the explanation’s substance by the members of the general assembly.
35This bill provides that notwithstanding any other law
-5-1to the contrary, a person may engage in the production,
2preparation, processing, and sale of homemade food (including
3beverages) without obtaining an authorization (permit,
4license, or certification) by the state or being subject to
5state inspection, packaging, or labeling requirements. The
6department of inspections and appeals is responsible for
7administering the bill’s provisions.
8The bill provides that a sales transaction must be made
9directly between a producer and an end consumer who must be
10provided notice regarding the producer’s exempt status. Any
11preparation or processing must occur in a home, the transaction
12cannot involve interstate commerce, and the items subject to
13the transaction cannot include meat other than rabbit, and
14under certain conditions poultry or fish. The transaction must
15occur at a farmers market, a farm, a producer’s home or office,
16or another location agreed to by the producer and end consumer.
17The bill includes special restrictions on a retail space where
18the item is sold in proximity to a food establishment such as a
19restaurant or grocery store subject to license and inspection
20requirements.
21The bill provides exemptions from requirements in a number
22of Code chapters that would otherwise apply, including Code
23chapters 137D (home bakeries), 137F (food establishments and
24food processing plants), 189 (general food regulations), 189A
25(meat and poultry inspection), 190 (adulteration of foods), 191
26(labeling of foods), 192 and 194 (licensing and inspection of
27dairy facilities), and 196 (egg handlers).
-6-da/ns