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House File 319 - IntroducedA Bill ForAn Act 1relating to homemade food derived from a commodity
2produced, processed, prepared, offered for sale, or sold on
3a farm, including by providing for exemptions from certain
4regulations.
5BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1DIVISION I
2FARM HOMEMADE FOOD
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. “Commodity” means a food animal or food crop.
102. “Consumer” means a person who is the final purchaser of
11food.
123. “Farm” means a location that operates to generate income
13from the production of commodities, if the income is reported
14on a schedule F as part of a form 1040 or form 1041 tax return
15filed with the United States internal revenue service.
164. “Farm homemade food” means food derived from a commodity
17produced on a farm and processed or prepared on the premises of
18the farm, including a kitchen that is part of a residence or a
19facility that is not part of a residence.
20a. “Farm homemade food” may be in either a solid or liquid
21form, and in a raw or processed state, so long as it is edible
22in that form and state by humans for its taste or nutritional
23value.
24b. “Farm homemade food” includes a commodity that in a raw
25state includes but is not limited to milk, eggs, vegetables,
26fruits, nuts, syrup, and honey; and in a processed state
27includes but is not limited to dairy products, pastries, pies,
28jellies, cut or pickled fruits and vegetables, meat, poultry
29products, or fish.
305. “Farmers market” means the same as defined in section
31137F.1.
326. “Food” means the same as defined in section 137F.1.
337. “Food animal” means livestock, rabbits, poultry, or fish
34or other aquatic organisms confined in private waters that are
35commonly consumed by humans as food.
-1- 18. “Food crop” means any plant derived from an agricultural
2seed or vegetable seed as defined in section 199.1, or any
3plant producing a commodity listed in section 210.10, if any
4part of the plant in its raw or processed state is commonly
5consumed by humans as food.
69. “Food establishment” means the same as defined in section
7137F.1.
810. “Food product” means food that is sold or offered for
9sale as a discrete unit to a consumer.
1011. “Livestock” means an animal belonging to the bovine,
11caprine, ovine, or porcine species; ostriches, rheas, or emus;
12and farm deer as defined in section 170.1.
1312. “Poultry” means domesticated chickens, turkeys, geese,
14or ducks.
1513. “Prepare” means an act relating to storing, inspecting,
16testing, cleaning, or packaging food.
1714. a. “Process” means an act related to altering or
18preserving a food by separating, combining, or treating a
19commodity, food, or food ingredient, by use of a chemical or
20biological method; pressure, tools, machinery, or equipment;
21or temperature.
22b. “Process” includes but is not limited to heating, drying,
23curing, mixing, grinding, churning, separating, extracting,
24slaughtering, cutting, fermenting, distilling, eviscerating,
25preserving, dehydrating, cooling, chilling, or freezing.
2615. “Producer” means a person engaged in the production of a
27commodity including by doing any of the following:
28a. Keeping and providing for the care and feeding of a food
29animal on a farm owned or leased by the person, if the food
30animal is slaughtered and processed into food.
31b. Keeping and preserving a food crop, if the crop is
32planted, nurtured, and harvested on a farm owned or leased by
33the person, and the crop is used as food in a raw or processed
34state.
3516. “Sale” means any transfer, exchange, or barter,
-2-1conditional or otherwise, in any manner or by any means
2whatsoever, for consideration, including but not limited to any
3such transfer, exchange, or barter on a subscription basis.
4 Sec. 3. NEW SECTION. 137G.3 Purpose.
5The purpose of this chapter is to allow a qualified producer
6to offer for sale and sell farm homemade food derived from a
7commodity produced at a farm owned or leased by the producer in
8order to do all of the following:
91. Facilitate the purchase and consumption of fresh and
10local food.
112. Enhance the agricultural economy.
123. Encourage the expansion of agricultural sales at farms
13and farmers markets.
144. Provide Iowa residents with unimpeded access to healthy
15food from known sources.
16 Sec. 4. NEW SECTION. 137G.4 Administration.
17This chapter shall be administered by the department of
18inspections and appeals. The department of inspections and
19appeals in cooperation with the department of agriculture and
20land stewardship shall adopt rules necessary to administer this
21chapter.
22 Sec. 5. NEW SECTION. 137G.5 Exemption from regulation.
231. a. A producer who produces, processes, prepares, and
24offers for sale or sells farm homemade food in compliance with
25this chapter is exempt from regulation by a state agency or
26local government exercising authority under chapters 137D,
27137F, 189, 189A, 190, 191, 192, 194, and 196.
28b. The exemption described in paragraph “a” applies to any
29requirement relating to licensure, certification, permitting,
30testing, inspection, packaging, and labeling of food otherwise
31required by those chapters.
322. This chapter does not apply to any of the following:
33a. A state agency or local government when exercising powers
34or performing duties as provided by law other than those powers
35or duties expressly exempted from regulation as provided in
-3-1subsection 1.
2b. A producer during the period that the producer is not
3acting according to requirements necessary to comply with the
4exemption under this chapter.
5c. A person offering for sale or selling raw fruits or
6vegetables.
73. This chapter does not preclude the department of
8inspections and appeals or the department of agriculture and
9land stewardship from providing a producer with assistance
10necessary to comply with the requirements of this chapter.
11A department may consult with a producer or provide for
12an unenforceable inspection of the producer’s farm where a
13commodity, food, or food ingredient is produced, processed,
14prepared, or offered for sale or sold. This chapter does not
15preclude a state agency from providing a purchaser, including a
16consumer, with unbiased information regarding compliance with
17this chapter by a producer or seller.
184. This chapter does not restrict a person from offering to
19sell food or selling food in conformance with another provision
20of law, including but not limited to an exemption granted to
21the person under another provision of law.
22 Sec. 6. NEW SECTION. 137G.6 Qualifying producers and other
23sellers.
241. A producer shall not offer for sale or sell farm
25homemade food unless the producer meets all of the following
26qualifications:
27a. The producer did not sell more than two hundred fifty
28thousand food products during the prior year.
29b. The producer’s income generated from the sale of all food
30products during the prior year was not more than two hundred
31fifty thousand dollars. Any amount owing but not paid to the
32producer from the sale of food products in the prior year shall
33be attributable as income generated during that year.
34c. The producer does not intentionally, knowingly, or
35recklessly adulterate farm homemade food offered for sale or
-4-1sold under this chapter.
22. A person who is not a producer shall not offer for sale
3or sell farm homemade food unless the person meets all of the
4following qualifications:
5a. The person purchases the farm homemade food from a
6producer complying with this chapter.
7b. The person only offers for sale or sells the farm
8homemade food to consumers on a retail basis.
9c. The person does not offer for sale or sell farm homemade
10food that is potentially hazardous as provided in section
11137G.8.
12 Sec. 7. NEW SECTION. 137G.7 Intrastate commerce.
13Farm homemade food must derive from a commodity produced,
14processed, prepared, sold, and transported entirely within this
15state. It is presumed that any farm homemade food that is
16produced, processed, prepared, sold, and transported entirely
17in this state is consumed within this state.
18 Sec. 8. NEW SECTION. 137G.8 Potentially hazardous food.
191. For purposes of this chapter, food is potentially
20hazardous if time and temperature control is required to limit
21any of the following:
22a. The rapid and progressive growth of infectious or
23toxigenic microorganisms.
24b. The growth and toxin production of clostridium botulinum.
25c. Infections in humans caused by bacteria associated with
26the consumption of any of the following:
27(1) Meat, poultry products, and raw milk or raw
28milk products, including salmonella, escherichia coli,
29campylobacter, staphylococcus aureus, yersinia, brucella,
30coxiella, and listeria.
31(2) Raw or undercooked shell eggs, including the bacteria
32salmonella enteritidis.
332. Potentially hazardous food includes but is not limited to
34perishable food requiring refrigeration, such as milk or milk
35products, eggs, quiches, pizzas, frozen doughs, meat, poultry,
-5-1fish or other aquatic organisms, cooked vegetables, and beans.
2 Sec. 9. NEW SECTION. 137G.9 Sales of potentially hazardous
3food by nonproducers prohibited.
4A person other than a producer shall not offer for sale
5or sell farm homemade food that is potentially hazardous as
6provided in section 137G.8.
7 Sec. 10. NEW SECTION. 137G.10 Sale of potentially hazardous
8food by producers — meat, poultry, and fish.
91. A producer shall not offer for sale or sell potentially
10hazardous farm homemade food as provided in section 137G.8 that
11includes meat derived from a farm animal produced on the farm
12owned or leased by the producer, unless all of the following
13apply:
14a. The meat is derived from the slaughter of a rabbit raised
15by the producer.
16b. The meat is derived from the slaughter of livestock
17which is subject to a commodity share agreement as provided in
18section 137G.11.
192. A producer shall not offer for sale or sell potentially
20hazardous farm homemade food that includes a poultry product
21derived from poultry produced on the farm owned or leased by
22the producer, unless all of the following apply:
23a. The poultry product is derived from the slaughter of
24poultry produced, processed, and prepared by the producer on
25the farm owned or leased by the producer.
26b. During the prior year, the producer slaughtered not more
27than one thousand head of poultry raised by the producer.
28c. The producer is not licensed as a poultry dealer as
29provided in section 197.1A.
303. A producer shall not offer for sale or sell potentially
31hazardous farm homemade food that includes fish or other
32aquatic organisms produced on the farm owned or leased by the
33producer, unless all of the following apply:
34a. The fish or other aquatic organism is produced,
35slaughtered, processed, and prepared by the producer on the
-6-1farm owned or leased by the producer.
2b. The fish is not catfish.
3c. The producer is not licensed pursuant to section
4481A.141.
5 Sec. 11. NEW SECTION. 137G.11 Sale of potentially hazardous
6food by producers — commodity share agreements.
71. In offering for sale or selling potentially hazardous
8farm homemade food as provided in section 137G.8 that includes
9meat derived from the slaughter of livestock on the farm owned
10or leased by the producer, the producer shall comply with the
11requirements of 21 U.S.C.§623.
122. The producer shall enter into a commodity share agreement
13with a consumer. The agreement shall include all of the
14following terms and conditions:
15a. The consumer owns the livestock to be slaughtered for
16meat. The form of ownership may be any of the following:
17(1) An undivided or divided interest in the livestock.
18(2) A share in a herd of livestock. In that case,
19the agreement shall specify the process of selecting the
20consumer-owned livestock to be slaughtered.
21b. The commodity share agreement shall be entered into
22by the producer and consumer prior to the slaughter of the
23livestock owned by the consumer.
24c. The consumer is provided a bill of sale for the
25consumer-owned livestock.
26d. The producer provides for the consumer-owned livestock
27care and feeding under a boarding arrangement.
28e. The producer provides for the livestock’s slaughter
29and the processing and preparation of meat derived from the
30slaughtered livestock.
31f. The producer delivers meat derived from the slaughtered
32livestock to the consumer at the producer’s farm where the
33livestock was produced.
34g. The consumer does not transfer meat derived from
35slaughtered livestock to a person other than to a family member
-7-1or nonpaying guest of the consumer.
23. A term or condition described in subsection 2 is not
3waivable and a contract in violation of that subsection is void
4and unenforceable in any action seeking a legal remedy.
5 Sec. 12. NEW SECTION. 137G.12 Sale procedures.
61. A person offering for sale or selling farm homemade food
7shall provide a notice to purchasers of the farm homemade foods
8stating all of the following:
9a. The food is farm homemade food governed under this
10chapter by its short title and citation.
11b. Whether or not the farm homemade food is classified as
12potentially hazardous.
13c. That regardless of its classification as potentially
14hazardous, the farm homemade food is exempt from certain food
15safety regulations, including inspection requirements, that
16apply to other food sold to consumers.
17d. The farm homemade food may contain allergens.
182. Except as otherwise provided in this section, the
19requirements of this section are satisfied if the notice is
20posted in a conspicuous place at the location where the farm
21homemade food is offered for sale or sold.
223. a. A person offering for sale or selling farm homemade
23food shall not intermingle the farm homemade food with food
24that is not farm homemade food. A food establishment shall not
25store farm homemade food and other food on the same sale shelf
26or as part of the same display.
27b. A producer offering for sale or selling farm homemade
28food that is potentially hazardous as provided in section
29137G.8 shall not intermingle that farm homemade food with farm
30homemade food that is not potentially hazardous.
314. If a producer offers for sale or sells farm homemade
32food that is potentially hazardous, all of the following shall
33apply:
34a. The farm owned or leased by the producer must have
35produced the commodity processed or prepared as the farm
-8-1homemade food offered for sale or sold by the producer.
2b. The retail space where the farm homemade food is offered
3for sale or sold must be segregated from the retail space where
4food that is not potentially hazardous is sold or offered for
5sale. The retail space shall have a separate door and point of
6sale.
7c. The retail space where the potentially hazardous farm
8homemade food is offered for sale or sold must include a sign
9posted in a conspicuous place stating that the farm homemade
10food is classified as potentially hazardous.
115. The department may adopt rules that provide additional
12requirements to ensure that a person purchasing farm homemade
13food, including food that is potentially hazardous, is
14provided facts presented in an unbiased manner sufficient for a
15purchaser to make an informed decision regarding the purchase.
16DIVISION II
17RELATED CHANGES
18 Sec. 13. NEW SECTION. 137D.9 Exception.
19This chapter does not apply to the production, processing,
20preparation, offer for sale, or sale of farm homemade food to
21the extent allowed under chapter 137G.
22 Sec. 14. NEW SECTION. 137F.20 Exception.
23This chapter does not apply to the production, processing,
24preparation, offer for sale, or sale of farm homemade food to
25the extent allowed under chapter 137G.
26 Sec. 15. NEW SECTION. 189.32 Exception.
27This chapter does not apply to the production, processing,
28preparation, offer for sale, or sale of farm homemade food to
29the extent allowed under chapter 137G.
30 Sec. 16. NEW SECTION. 189A.23 Exception.
31This chapter does not apply to the production, processing,
32preparation, offer for sale, or sale of farm homemade food to
33the extent allowed under chapter 137G.
34 Sec. 17. NEW SECTION. 190.16 Exception.
35This chapter does not apply to the production, processing,
-9-1preparation, offer for sale, or sale of farm homemade food to
2the extent allowed under chapter 137G.
3 Sec. 18. NEW SECTION. 191.9A Exception.
4This chapter does not apply to the production, processing,
5preparation, offer for sale, or sale of farm homemade food to
6the extent allowed under chapter 137G.
7 Sec. 19. NEW SECTION. 192.105 Exception.
8This chapter does not apply to the production, processing,
9preparation, offer for sale, or sale of farm homemade food to
10the extent allowed under chapter 137G.
11 Sec. 20. NEW SECTION. 194.26 Exception.
12This chapter does not apply to the production, processing,
13preparation, offer for sale, or sale of farm homemade food to
14the extent allowed under chapter 137G.
15 Sec. 21. NEW SECTION. 196.13A Exception.
16This chapter does not apply to the production, processing,
17preparation, offer for sale, or sale of farm homemade food to
18the extent allowed under chapter 137G.
19EXPLANATION
20The inclusion of this explanation does not constitute agreement with
21the explanation’s substance by the members of the general assembly.
22GENERAL. This bill creates the “Iowa Food Freedom Act”
23codified as Code chapter 137G (new Code section 137G.1). The
24bill provides that a person who produces a commodity on a farm
25owned or leased by the person (producer) that may be consumed
26as food (in a raw or processed state) is exempt from regulation
27by a state agency or local government exercising authority over
28such sales (new Code section 137G.5). A producer who processes
29and prepares the farm homemade food at the producer’s farm may
30sell the farm homemade food on a retail or wholesale basis
31from any location in this state if the food is not potentially
32hazardous. If the farm homemade food is potentially hazardous,
33only the producer may offer for sale or sell the farm homemade
34food and the sale must occur at the producer’s farm.
35The exempted regulations provide requirements for licensure,
-10-1certification, permitting, testing, inspection, packaging,
2and labeling. These include Code chapters administered by
3the department of inspections and appeals regulating home
4bakeries (Code chapter 137D), and food establishments and food
5processing plants (Code chapter 137F). It also includes Code
6chapters administered by the department of agriculture and
7land stewardship, including general provisions (Code chapter
8189), the inspection of meat and poultry slaughter facilities
9(Code chapter 189A), the inspection, testing, and licensing of
10dairy facilities (Code chapters 192 and 194), and egg handlers
11(Code chapter 196). Several of the exempted Code chapters
12provide for the adulteration of food (Code chapter 190) and
13the labeling of food (Code chapter 191). The department of
14inspections and appeals is responsible for administering the
15bill’s provisions.
16QUALIFYING PRODUCERS AND SELLERS. In order to be exempt
17from otherwise applicable regulations, the producer must meet
18certain qualifications including by not having sold more than
19a certain number of food products or having earned more than
20a certain amount from those sales in the prior year. In
21addition, the producer cannot intentionally, knowingly, or
22recklessly adulterate the farm homemade food. A person other
23than a producer is prohibited from offering for sale or selling
24farm homemade food that is potentially hazardous (new Code
25section 137G.6).
26INTRASTATE COMMERCE. In order to be exempt, the farm
27homemade food must derive from a commodity produced, processed,
28prepared, sold, and transported entirely within this state.
29The bill provides that the farm homemade food is presumed to be
30consumed within this state (new Code section 137G.7).
31POTENTIALLY HAZARDOUS FOOD. The bill recognizes potentially
32hazardous food, meaning that the food in its raw or processed
33state is (1) susceptible to transmitting a foodborne illness
34(e.g., raw milk), or (2) may have to be preserved using a
35temperature control such as refrigeration (raw meat) (new
-11-1Code section 137G.8). A person other than a producer cannot
2offer for sale or sell farm homemade food that is potentially
3hazardous (new Code section 137G.9).
4Generally, a producer can only offer for sale or sell farm
5homemade food that includes meat, poultry, or fish produced on
6the producer’s farm under certain conditions. In regards to
7meat derived from slaughtered livestock, a producer may offer
8for sale or sell meat derived from a slaughtered rabbit (new
9Code section 137G.10) and meat that is derived from slaughtered
10livestock which is subject to a commodity share agreement
11(new Code section 137G.11). Such an agreement recognizes the
12consumer’s ownership interest in the livestock or a herd,
13and the duty of the producer to care for and slaughter the
14livestock and to process and prepare the meat for on-farm
15delivery to the consumer-owner. The bill also provides that
16a producer may offer for sale or sell farm homemade food that
17includes a poultry product if the poultry product is derived
18from the slaughter of poultry produced, processed, and prepared
19by the producer. The producer must not have slaughtered a
20certain number of birds during the prior year and cannot hold
21a poultry dealer’s license. Finally, the bill provides that
22a producer may offer for sale or sell farm homemade food that
23includes fish (other than catfish) or other aquatic organisms.
24The fish must be produced, processed, and prepared on the farm
25owned or leased by the producer. In addition, the producer
26must not be licensed by the department of natural resources as
27provided in Code section 481A.141.
28SALE PROCEDURES. The bill provides that a person offering
29for sale or selling farm homemade food must provide a notice
30to purchasers that the food is governed under the “Iowa Food
31Freedom Act”. The notice must also inform the purchaser
32whether the farm homemade food is potentially hazardous, that
33it is exempt from certain food safety regulations, and that
34it may contain allergens. The bill prohibits a seller from
35intermingling farm homemade food with food that is not farm
-12-1homemade food. The bill includes restrictions regarding the
2offer for sale or sale of potentially hazardous farm homemade
3food at the producer’s farm. The retail space where the
4potentially hazardous food is stored or offered for sale or
5sold must be segregated from other farm homemade food. The
6retail space must include a sign posted in a conspicuous
7place stating that the farm homemade food is classified
8as potentially hazardous (new Code section 137G.12). The
9department of inspections and appeals in cooperation with
10the department of agriculture and land stewardship may adopt
11rules that provide additional requirements to ensure that a
12person purchasing farm homemade food, including food that is
13potentially hazardous, is provided facts to make an informed
14decision regarding the purchase (new Code section 137G.3).
-13-da/ns
2produced, processed, prepared, offered for sale, or sold on
3a farm, including by providing for exemptions from certain
4regulations.
5BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1DIVISION I
2FARM HOMEMADE FOOD
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. “Commodity” means a food animal or food crop.
102. “Consumer” means a person who is the final purchaser of
11food.
123. “Farm” means a location that operates to generate income
13from the production of commodities, if the income is reported
14on a schedule F as part of a form 1040 or form 1041 tax return
15filed with the United States internal revenue service.
164. “Farm homemade food” means food derived from a commodity
17produced on a farm and processed or prepared on the premises of
18the farm, including a kitchen that is part of a residence or a
19facility that is not part of a residence.
20a. “Farm homemade food” may be in either a solid or liquid
21form, and in a raw or processed state, so long as it is edible
22in that form and state by humans for its taste or nutritional
23value.
24b. “Farm homemade food” includes a commodity that in a raw
25state includes but is not limited to milk, eggs, vegetables,
26fruits, nuts, syrup, and honey; and in a processed state
27includes but is not limited to dairy products, pastries, pies,
28jellies, cut or pickled fruits and vegetables, meat, poultry
29products, or fish.
305. “Farmers market” means the same as defined in section
31137F.1.
326. “Food” means the same as defined in section 137F.1.
337. “Food animal” means livestock, rabbits, poultry, or fish
34or other aquatic organisms confined in private waters that are
35commonly consumed by humans as food.
-1- 18. “Food crop” means any plant derived from an agricultural
2seed or vegetable seed as defined in section 199.1, or any
3plant producing a commodity listed in section 210.10, if any
4part of the plant in its raw or processed state is commonly
5consumed by humans as food.
69. “Food establishment” means the same as defined in section
7137F.1.
810. “Food product” means food that is sold or offered for
9sale as a discrete unit to a consumer.
1011. “Livestock” means an animal belonging to the bovine,
11caprine, ovine, or porcine species; ostriches, rheas, or emus;
12and farm deer as defined in section 170.1.
1312. “Poultry” means domesticated chickens, turkeys, geese,
14or ducks.
1513. “Prepare” means an act relating to storing, inspecting,
16testing, cleaning, or packaging food.
1714. a. “Process” means an act related to altering or
18preserving a food by separating, combining, or treating a
19commodity, food, or food ingredient, by use of a chemical or
20biological method; pressure, tools, machinery, or equipment;
21or temperature.
22b. “Process” includes but is not limited to heating, drying,
23curing, mixing, grinding, churning, separating, extracting,
24slaughtering, cutting, fermenting, distilling, eviscerating,
25preserving, dehydrating, cooling, chilling, or freezing.
2615. “Producer” means a person engaged in the production of a
27commodity including by doing any of the following:
28a. Keeping and providing for the care and feeding of a food
29animal on a farm owned or leased by the person, if the food
30animal is slaughtered and processed into food.
31b. Keeping and preserving a food crop, if the crop is
32planted, nurtured, and harvested on a farm owned or leased by
33the person, and the crop is used as food in a raw or processed
34state.
3516. “Sale” means any transfer, exchange, or barter,
-2-1conditional or otherwise, in any manner or by any means
2whatsoever, for consideration, including but not limited to any
3such transfer, exchange, or barter on a subscription basis.
4 Sec. 3. NEW SECTION. 137G.3 Purpose.
5The purpose of this chapter is to allow a qualified producer
6to offer for sale and sell farm homemade food derived from a
7commodity produced at a farm owned or leased by the producer in
8order to do all of the following:
91. Facilitate the purchase and consumption of fresh and
10local food.
112. Enhance the agricultural economy.
123. Encourage the expansion of agricultural sales at farms
13and farmers markets.
144. Provide Iowa residents with unimpeded access to healthy
15food from known sources.
16 Sec. 4. NEW SECTION. 137G.4 Administration.
17This chapter shall be administered by the department of
18inspections and appeals. The department of inspections and
19appeals in cooperation with the department of agriculture and
20land stewardship shall adopt rules necessary to administer this
21chapter.
22 Sec. 5. NEW SECTION. 137G.5 Exemption from regulation.
231. a. A producer who produces, processes, prepares, and
24offers for sale or sells farm homemade food in compliance with
25this chapter is exempt from regulation by a state agency or
26local government exercising authority under chapters 137D,
27137F, 189, 189A, 190, 191, 192, 194, and 196.
28b. The exemption described in paragraph “a” applies to any
29requirement relating to licensure, certification, permitting,
30testing, inspection, packaging, and labeling of food otherwise
31required by those chapters.
322. This chapter does not apply to any of the following:
33a. A state agency or local government when exercising powers
34or performing duties as provided by law other than those powers
35or duties expressly exempted from regulation as provided in
-3-1subsection 1.
2b. A producer during the period that the producer is not
3acting according to requirements necessary to comply with the
4exemption under this chapter.
5c. A person offering for sale or selling raw fruits or
6vegetables.
73. This chapter does not preclude the department of
8inspections and appeals or the department of agriculture and
9land stewardship from providing a producer with assistance
10necessary to comply with the requirements of this chapter.
11A department may consult with a producer or provide for
12an unenforceable inspection of the producer’s farm where a
13commodity, food, or food ingredient is produced, processed,
14prepared, or offered for sale or sold. This chapter does not
15preclude a state agency from providing a purchaser, including a
16consumer, with unbiased information regarding compliance with
17this chapter by a producer or seller.
184. This chapter does not restrict a person from offering to
19sell food or selling food in conformance with another provision
20of law, including but not limited to an exemption granted to
21the person under another provision of law.
22 Sec. 6. NEW SECTION. 137G.6 Qualifying producers and other
23sellers.
241. A producer shall not offer for sale or sell farm
25homemade food unless the producer meets all of the following
26qualifications:
27a. The producer did not sell more than two hundred fifty
28thousand food products during the prior year.
29b. The producer’s income generated from the sale of all food
30products during the prior year was not more than two hundred
31fifty thousand dollars. Any amount owing but not paid to the
32producer from the sale of food products in the prior year shall
33be attributable as income generated during that year.
34c. The producer does not intentionally, knowingly, or
35recklessly adulterate farm homemade food offered for sale or
-4-1sold under this chapter.
22. A person who is not a producer shall not offer for sale
3or sell farm homemade food unless the person meets all of the
4following qualifications:
5a. The person purchases the farm homemade food from a
6producer complying with this chapter.
7b. The person only offers for sale or sells the farm
8homemade food to consumers on a retail basis.
9c. The person does not offer for sale or sell farm homemade
10food that is potentially hazardous as provided in section
11137G.8.
12 Sec. 7. NEW SECTION. 137G.7 Intrastate commerce.
13Farm homemade food must derive from a commodity produced,
14processed, prepared, sold, and transported entirely within this
15state. It is presumed that any farm homemade food that is
16produced, processed, prepared, sold, and transported entirely
17in this state is consumed within this state.
18 Sec. 8. NEW SECTION. 137G.8 Potentially hazardous food.
191. For purposes of this chapter, food is potentially
20hazardous if time and temperature control is required to limit
21any of the following:
22a. The rapid and progressive growth of infectious or
23toxigenic microorganisms.
24b. The growth and toxin production of clostridium botulinum.
25c. Infections in humans caused by bacteria associated with
26the consumption of any of the following:
27(1) Meat, poultry products, and raw milk or raw
28milk products, including salmonella, escherichia coli,
29campylobacter, staphylococcus aureus, yersinia, brucella,
30coxiella, and listeria.
31(2) Raw or undercooked shell eggs, including the bacteria
32salmonella enteritidis.
332. Potentially hazardous food includes but is not limited to
34perishable food requiring refrigeration, such as milk or milk
35products, eggs, quiches, pizzas, frozen doughs, meat, poultry,
-5-1fish or other aquatic organisms, cooked vegetables, and beans.
2 Sec. 9. NEW SECTION. 137G.9 Sales of potentially hazardous
3food by nonproducers prohibited.
4A person other than a producer shall not offer for sale
5or sell farm homemade food that is potentially hazardous as
6provided in section 137G.8.
7 Sec. 10. NEW SECTION. 137G.10 Sale of potentially hazardous
8food by producers — meat, poultry, and fish.
91. A producer shall not offer for sale or sell potentially
10hazardous farm homemade food as provided in section 137G.8 that
11includes meat derived from a farm animal produced on the farm
12owned or leased by the producer, unless all of the following
13apply:
14a. The meat is derived from the slaughter of a rabbit raised
15by the producer.
16b. The meat is derived from the slaughter of livestock
17which is subject to a commodity share agreement as provided in
18section 137G.11.
192. A producer shall not offer for sale or sell potentially
20hazardous farm homemade food that includes a poultry product
21derived from poultry produced on the farm owned or leased by
22the producer, unless all of the following apply:
23a. The poultry product is derived from the slaughter of
24poultry produced, processed, and prepared by the producer on
25the farm owned or leased by the producer.
26b. During the prior year, the producer slaughtered not more
27than one thousand head of poultry raised by the producer.
28c. The producer is not licensed as a poultry dealer as
29provided in section 197.1A.
303. A producer shall not offer for sale or sell potentially
31hazardous farm homemade food that includes fish or other
32aquatic organisms produced on the farm owned or leased by the
33producer, unless all of the following apply:
34a. The fish or other aquatic organism is produced,
35slaughtered, processed, and prepared by the producer on the
-6-1farm owned or leased by the producer.
2b. The fish is not catfish.
3c. The producer is not licensed pursuant to section
4481A.141.
5 Sec. 11. NEW SECTION. 137G.11 Sale of potentially hazardous
6food by producers — commodity share agreements.
71. In offering for sale or selling potentially hazardous
8farm homemade food as provided in section 137G.8 that includes
9meat derived from the slaughter of livestock on the farm owned
10or leased by the producer, the producer shall comply with the
11requirements of 21 U.S.C.§623.
122. The producer shall enter into a commodity share agreement
13with a consumer. The agreement shall include all of the
14following terms and conditions:
15a. The consumer owns the livestock to be slaughtered for
16meat. The form of ownership may be any of the following:
17(1) An undivided or divided interest in the livestock.
18(2) A share in a herd of livestock. In that case,
19the agreement shall specify the process of selecting the
20consumer-owned livestock to be slaughtered.
21b. The commodity share agreement shall be entered into
22by the producer and consumer prior to the slaughter of the
23livestock owned by the consumer.
24c. The consumer is provided a bill of sale for the
25consumer-owned livestock.
26d. The producer provides for the consumer-owned livestock
27care and feeding under a boarding arrangement.
28e. The producer provides for the livestock’s slaughter
29and the processing and preparation of meat derived from the
30slaughtered livestock.
31f. The producer delivers meat derived from the slaughtered
32livestock to the consumer at the producer’s farm where the
33livestock was produced.
34g. The consumer does not transfer meat derived from
35slaughtered livestock to a person other than to a family member
-7-1or nonpaying guest of the consumer.
23. A term or condition described in subsection 2 is not
3waivable and a contract in violation of that subsection is void
4and unenforceable in any action seeking a legal remedy.
5 Sec. 12. NEW SECTION. 137G.12 Sale procedures.
61. A person offering for sale or selling farm homemade food
7shall provide a notice to purchasers of the farm homemade foods
8stating all of the following:
9a. The food is farm homemade food governed under this
10chapter by its short title and citation.
11b. Whether or not the farm homemade food is classified as
12potentially hazardous.
13c. That regardless of its classification as potentially
14hazardous, the farm homemade food is exempt from certain food
15safety regulations, including inspection requirements, that
16apply to other food sold to consumers.
17d. The farm homemade food may contain allergens.
182. Except as otherwise provided in this section, the
19requirements of this section are satisfied if the notice is
20posted in a conspicuous place at the location where the farm
21homemade food is offered for sale or sold.
223. a. A person offering for sale or selling farm homemade
23food shall not intermingle the farm homemade food with food
24that is not farm homemade food. A food establishment shall not
25store farm homemade food and other food on the same sale shelf
26or as part of the same display.
27b. A producer offering for sale or selling farm homemade
28food that is potentially hazardous as provided in section
29137G.8 shall not intermingle that farm homemade food with farm
30homemade food that is not potentially hazardous.
314. If a producer offers for sale or sells farm homemade
32food that is potentially hazardous, all of the following shall
33apply:
34a. The farm owned or leased by the producer must have
35produced the commodity processed or prepared as the farm
-8-1homemade food offered for sale or sold by the producer.
2b. The retail space where the farm homemade food is offered
3for sale or sold must be segregated from the retail space where
4food that is not potentially hazardous is sold or offered for
5sale. The retail space shall have a separate door and point of
6sale.
7c. The retail space where the potentially hazardous farm
8homemade food is offered for sale or sold must include a sign
9posted in a conspicuous place stating that the farm homemade
10food is classified as potentially hazardous.
115. The department may adopt rules that provide additional
12requirements to ensure that a person purchasing farm homemade
13food, including food that is potentially hazardous, is
14provided facts presented in an unbiased manner sufficient for a
15purchaser to make an informed decision regarding the purchase.
16DIVISION II
17RELATED CHANGES
18 Sec. 13. NEW SECTION. 137D.9 Exception.
19This chapter does not apply to the production, processing,
20preparation, offer for sale, or sale of farm homemade food to
21the extent allowed under chapter 137G.
22 Sec. 14. NEW SECTION. 137F.20 Exception.
23This chapter does not apply to the production, processing,
24preparation, offer for sale, or sale of farm homemade food to
25the extent allowed under chapter 137G.
26 Sec. 15. NEW SECTION. 189.32 Exception.
27This chapter does not apply to the production, processing,
28preparation, offer for sale, or sale of farm homemade food to
29the extent allowed under chapter 137G.
30 Sec. 16. NEW SECTION. 189A.23 Exception.
31This chapter does not apply to the production, processing,
32preparation, offer for sale, or sale of farm homemade food to
33the extent allowed under chapter 137G.
34 Sec. 17. NEW SECTION. 190.16 Exception.
35This chapter does not apply to the production, processing,
-9-1preparation, offer for sale, or sale of farm homemade food to
2the extent allowed under chapter 137G.
3 Sec. 18. NEW SECTION. 191.9A Exception.
4This chapter does not apply to the production, processing,
5preparation, offer for sale, or sale of farm homemade food to
6the extent allowed under chapter 137G.
7 Sec. 19. NEW SECTION. 192.105 Exception.
8This chapter does not apply to the production, processing,
9preparation, offer for sale, or sale of farm homemade food to
10the extent allowed under chapter 137G.
11 Sec. 20. NEW SECTION. 194.26 Exception.
12This chapter does not apply to the production, processing,
13preparation, offer for sale, or sale of farm homemade food to
14the extent allowed under chapter 137G.
15 Sec. 21. NEW SECTION. 196.13A Exception.
16This chapter does not apply to the production, processing,
17preparation, offer for sale, or sale of farm homemade food to
18the extent allowed under chapter 137G.
19EXPLANATION
20The inclusion of this explanation does not constitute agreement with
21the explanation’s substance by the members of the general assembly.
22GENERAL. This bill creates the “Iowa Food Freedom Act”
23codified as Code chapter 137G (new Code section 137G.1). The
24bill provides that a person who produces a commodity on a farm
25owned or leased by the person (producer) that may be consumed
26as food (in a raw or processed state) is exempt from regulation
27by a state agency or local government exercising authority over
28such sales (new Code section 137G.5). A producer who processes
29and prepares the farm homemade food at the producer’s farm may
30sell the farm homemade food on a retail or wholesale basis
31from any location in this state if the food is not potentially
32hazardous. If the farm homemade food is potentially hazardous,
33only the producer may offer for sale or sell the farm homemade
34food and the sale must occur at the producer’s farm.
35The exempted regulations provide requirements for licensure,
-10-1certification, permitting, testing, inspection, packaging,
2and labeling. These include Code chapters administered by
3the department of inspections and appeals regulating home
4bakeries (Code chapter 137D), and food establishments and food
5processing plants (Code chapter 137F). It also includes Code
6chapters administered by the department of agriculture and
7land stewardship, including general provisions (Code chapter
8189), the inspection of meat and poultry slaughter facilities
9(Code chapter 189A), the inspection, testing, and licensing of
10dairy facilities (Code chapters 192 and 194), and egg handlers
11(Code chapter 196). Several of the exempted Code chapters
12provide for the adulteration of food (Code chapter 190) and
13the labeling of food (Code chapter 191). The department of
14inspections and appeals is responsible for administering the
15bill’s provisions.
16QUALIFYING PRODUCERS AND SELLERS. In order to be exempt
17from otherwise applicable regulations, the producer must meet
18certain qualifications including by not having sold more than
19a certain number of food products or having earned more than
20a certain amount from those sales in the prior year. In
21addition, the producer cannot intentionally, knowingly, or
22recklessly adulterate the farm homemade food. A person other
23than a producer is prohibited from offering for sale or selling
24farm homemade food that is potentially hazardous (new Code
25section 137G.6).
26INTRASTATE COMMERCE. In order to be exempt, the farm
27homemade food must derive from a commodity produced, processed,
28prepared, sold, and transported entirely within this state.
29The bill provides that the farm homemade food is presumed to be
30consumed within this state (new Code section 137G.7).
31POTENTIALLY HAZARDOUS FOOD. The bill recognizes potentially
32hazardous food, meaning that the food in its raw or processed
33state is (1) susceptible to transmitting a foodborne illness
34(e.g., raw milk), or (2) may have to be preserved using a
35temperature control such as refrigeration (raw meat) (new
-11-1Code section 137G.8). A person other than a producer cannot
2offer for sale or sell farm homemade food that is potentially
3hazardous (new Code section 137G.9).
4Generally, a producer can only offer for sale or sell farm
5homemade food that includes meat, poultry, or fish produced on
6the producer’s farm under certain conditions. In regards to
7meat derived from slaughtered livestock, a producer may offer
8for sale or sell meat derived from a slaughtered rabbit (new
9Code section 137G.10) and meat that is derived from slaughtered
10livestock which is subject to a commodity share agreement
11(new Code section 137G.11). Such an agreement recognizes the
12consumer’s ownership interest in the livestock or a herd,
13and the duty of the producer to care for and slaughter the
14livestock and to process and prepare the meat for on-farm
15delivery to the consumer-owner. The bill also provides that
16a producer may offer for sale or sell farm homemade food that
17includes a poultry product if the poultry product is derived
18from the slaughter of poultry produced, processed, and prepared
19by the producer. The producer must not have slaughtered a
20certain number of birds during the prior year and cannot hold
21a poultry dealer’s license. Finally, the bill provides that
22a producer may offer for sale or sell farm homemade food that
23includes fish (other than catfish) or other aquatic organisms.
24The fish must be produced, processed, and prepared on the farm
25owned or leased by the producer. In addition, the producer
26must not be licensed by the department of natural resources as
27provided in Code section 481A.141.
28SALE PROCEDURES. The bill provides that a person offering
29for sale or selling farm homemade food must provide a notice
30to purchasers that the food is governed under the “Iowa Food
31Freedom Act”. The notice must also inform the purchaser
32whether the farm homemade food is potentially hazardous, that
33it is exempt from certain food safety regulations, and that
34it may contain allergens. The bill prohibits a seller from
35intermingling farm homemade food with food that is not farm
-12-1homemade food. The bill includes restrictions regarding the
2offer for sale or sale of potentially hazardous farm homemade
3food at the producer’s farm. The retail space where the
4potentially hazardous food is stored or offered for sale or
5sold must be segregated from other farm homemade food. The
6retail space must include a sign posted in a conspicuous
7place stating that the farm homemade food is classified
8as potentially hazardous (new Code section 137G.12). The
9department of inspections and appeals in cooperation with
10the department of agriculture and land stewardship may adopt
11rules that provide additional requirements to ensure that a
12person purchasing farm homemade food, including food that is
13potentially hazardous, is provided facts to make an informed
14decision regarding the purchase (new Code section 137G.3).
-13-da/ns