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Senate Study Bill 3051 - IntroducedA Bill ForAn Act 1providing a personal use exemption from inspection and
2licensing requirements of the Meat and Poultry Inspection
3Act.
4BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 189A.4, Code 2022, is amended to read as
2follows:
3189A.4 Exemptions.
4In order to accomplish the objectives of this chapter, the
5secretary may exempt the following types of operations from
6inspection:
71. a. Slaughtering and preparation by any person of
8livestock and poultry of the person’s own raising exclusively
9for use by the person and members of the person’s household,
10and the person’s nonpaying guests and employees. A person who
11owns and raises and slaughters livestock, processes the carcass
12of the livestock, prepares articles from the carcass, including
13livestock products, and who may transport the articles, for
14the exclusive use of the person, a member of the person’s
15household, a nonpaying guest of the person, or a nonpaying
16employee of the person, is exempt from the inspection and
17licensing requirements of this chapter, to the same extent and
18under the same conditions that such a person is exempt from
19inspection provisions of the federal Meat Inspection Act as
20provided in 9 C.F.R. §303.1(a)(1).
21b. A person who owns or raises and slaughters poultry,
22processes the carcass of the poultry, prepares articles from
23the carcass, including poultry products, and who may transport
24the articles, for the exclusive use of the person, a member
25of the person’s household, a nonpaying guest of the person,
26or a nonpaying employee of the person, is exempt from the
27provisions of this chapter, to the same extent and under the
28same conditions that a person is exempt from the provisions of
29the federal Poultry Products Inspection Act as provided in 9
30C.F.R. §381.10(a)(3).
312. Any The secretary may exempt any other operations
32which person from the provisions of this chapter, if the
33secretary may determine would best be exempted to determines
34the exemption would best further the purposes of this chapter,
35to the extent such exemptions conform to and the exemption
-1-1complies with the federal Meat Inspection Act and or the
2federal Poultry Products Inspection Act and the, including
3 regulations thereunder adopted under those Acts.
4EXPLANATION
5The inclusion of this explanation does not constitute agreement with
6the explanation’s substance by the members of the general assembly.
7BACKGROUND. This bill amends the “Meat and Poultry
8Inspection Act” (Iowa Act), which is administered and enforced
9by the department of agriculture and land stewardship (DALS)
10and which regulates a business engaged in the slaughter of
11livestock or poultry, the processing of the livestock or
12poultry, and the preparation of meat products or poultry
13products derived from those slaughtered animals. The meat or
14poultry product is generically referred to as an “article”.
15DALS regulates these activities on an intrastate basis under
16a cooperative agreement with the United States department
17of agriculture (USDA), which administers and enforces two
18complementary Acts (federal Acts): the federal Meat Inspection
19Act as amended by the Wholesome Meat Act (21 U.S.C. chapter 12)
20and the federal Poultry Products Inspection Act as amended by
21the Wholesome Poultry Products Act (21 U.S.C. chapter 10). In
22both cases, USDA regulates businesses engaged in interstate or
23foreign commerce but may regulate any business if it determines
24that the state enforcement of its statutes does not at least
25equal federal enforcement of the federal Acts (Code section
26189A.3(3)).
27BILL’S PROVISIONS. The bill creates a personal use
28exception to the inspection and licensing provisions in the
29Iowa Act for livestock and poultry based on two such exemptions
30in the federal Acts. Under the federal Meat Inspection Act,
31the owner raising livestock must slaughter and process the
32livestock; the prepared articles derived from the processed
33livestock must be fit for human consumption; the articles must
34be prepared, packaged, or held under sanitary conditions;
35and the articles must be for the personal use of the owner
-2-1raising the livestock, a member of the owner’s household, or
2a nonpaying guest or employee. Under the federal Poultry
3Products Inspection Act, similar requirements apply. The owner
4or producer of poultry must slaughter and process the poultry;
5the poultry must be healthy when slaughtered and processed;
6the poultry must be slaughtered and processed under sanitary
7conditions; the poultry product derived from the slaughtered
8poultry must be for their private use, or the private use of
9a member of their household or a nonpaying guest or employee;
10the poultry product cannot be sold or donated; and any shipping
11containing an article must include information about the
12producer.
13The bill eliminates a provision that grants DALS authority
14to adopt rules providing the same personal use exception.
-3-da/ns
2licensing requirements of the Meat and Poultry Inspection
3Act.
4BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 189A.4, Code 2022, is amended to read as
2follows:
3189A.4 Exemptions.
4In order to accomplish the objectives of this chapter, the
5secretary may exempt the following types of operations from
6inspection:
71. a. Slaughtering and preparation by any person of
8livestock and poultry of the person’s own raising exclusively
9for use by the person and members of the person’s household,
10and the person’s nonpaying guests and employees. A person who
11owns and raises and slaughters livestock, processes the carcass
12of the livestock, prepares articles from the carcass, including
13livestock products, and who may transport the articles, for
14the exclusive use of the person, a member of the person’s
15household, a nonpaying guest of the person, or a nonpaying
16employee of the person, is exempt from the inspection and
17licensing requirements of this chapter, to the same extent and
18under the same conditions that such a person is exempt from
19inspection provisions of the federal Meat Inspection Act as
20provided in 9 C.F.R. §303.1(a)(1).
21b. A person who owns or raises and slaughters poultry,
22processes the carcass of the poultry, prepares articles from
23the carcass, including poultry products, and who may transport
24the articles, for the exclusive use of the person, a member
25of the person’s household, a nonpaying guest of the person,
26or a nonpaying employee of the person, is exempt from the
27provisions of this chapter, to the same extent and under the
28same conditions that a person is exempt from the provisions of
29the federal Poultry Products Inspection Act as provided in 9
30C.F.R. §381.10(a)(3).
312. Any The secretary may exempt any other operations
32which person from the provisions of this chapter, if the
33secretary may determine would best be exempted to determines
34the exemption would best further the purposes of this chapter,
35to the extent such exemptions conform to and the exemption
-1-1complies with the federal Meat Inspection Act and or the
2federal Poultry Products Inspection Act and the, including
3 regulations thereunder adopted under those Acts.
4EXPLANATION
5The inclusion of this explanation does not constitute agreement with
6the explanation’s substance by the members of the general assembly.
7BACKGROUND. This bill amends the “Meat and Poultry
8Inspection Act” (Iowa Act), which is administered and enforced
9by the department of agriculture and land stewardship (DALS)
10and which regulates a business engaged in the slaughter of
11livestock or poultry, the processing of the livestock or
12poultry, and the preparation of meat products or poultry
13products derived from those slaughtered animals. The meat or
14poultry product is generically referred to as an “article”.
15DALS regulates these activities on an intrastate basis under
16a cooperative agreement with the United States department
17of agriculture (USDA), which administers and enforces two
18complementary Acts (federal Acts): the federal Meat Inspection
19Act as amended by the Wholesome Meat Act (21 U.S.C. chapter 12)
20and the federal Poultry Products Inspection Act as amended by
21the Wholesome Poultry Products Act (21 U.S.C. chapter 10). In
22both cases, USDA regulates businesses engaged in interstate or
23foreign commerce but may regulate any business if it determines
24that the state enforcement of its statutes does not at least
25equal federal enforcement of the federal Acts (Code section
26189A.3(3)).
27BILL’S PROVISIONS. The bill creates a personal use
28exception to the inspection and licensing provisions in the
29Iowa Act for livestock and poultry based on two such exemptions
30in the federal Acts. Under the federal Meat Inspection Act,
31the owner raising livestock must slaughter and process the
32livestock; the prepared articles derived from the processed
33livestock must be fit for human consumption; the articles must
34be prepared, packaged, or held under sanitary conditions;
35and the articles must be for the personal use of the owner
-2-1raising the livestock, a member of the owner’s household, or
2a nonpaying guest or employee. Under the federal Poultry
3Products Inspection Act, similar requirements apply. The owner
4or producer of poultry must slaughter and process the poultry;
5the poultry must be healthy when slaughtered and processed;
6the poultry must be slaughtered and processed under sanitary
7conditions; the poultry product derived from the slaughtered
8poultry must be for their private use, or the private use of
9a member of their household or a nonpaying guest or employee;
10the poultry product cannot be sold or donated; and any shipping
11containing an article must include information about the
12producer.
13The bill eliminates a provision that grants DALS authority
14to adopt rules providing the same personal use exception.
-3-da/ns