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Senate File 2245 - IntroducedA Bill ForAn Act 1providing a personal use exemption from licensing
2requirements of the Meat and Poultry Inspection Act.
3BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 189A.3, Code 2022, is amended to read as
2follows:
3189A.3 License — fee.
41. a. No A person shall not operate an establishment other
5than a food establishment as defined in section 137F.1 without
6first obtaining a license from the department.
7b. Paragraph “a” does not apply to any of the following:
8(1) A food establishment as defined in section 137F.1.
9(2) A person who slaughters, processes, or prepares
10livestock or poultry of the person’s own raising, exclusively
11for the person’s household, nonpaying guests, or nonpaying
12employees.
132. The license fee for each establishment per year or any
14part of a year shall be:
15a. For all meat and poultry slaughtered or otherwise
16prepared not exceeding twenty thousand pounds per year for
17sale, resale, or custom, twenty-five dollars.
18b. For all meat and poultry slaughtered or otherwise
19prepared in excess of twenty thousand pounds per year for sale,
20resale, or custom, fifty dollars.
212. 3. The funds moneys shall be deposited with the
22department. The license year shall be from July 1 to June
2330. Applications for licenses shall be in writing on forms
24prescribed by the department.
253. 4. It is the objective of this chapter to provide for
26meat and poultry products inspection programs that will impose
27and enforce requirements with respect to intrastate operations
28and commerce that are at least equal to those imposed and
29enforced under the federal Meat Inspection Act and the federal
30Poultry Products Inspection Act with respect to operations
31and transactions in interstate commerce; and the secretary
32is directed to administer this chapter so as to accomplish
33this purpose. A director of the meat and poultry inspection
34service shall be designated as the secretary’s delegate to be
35the appropriate state official to cooperate with the secretary
-1-1of agriculture of the United States in administration of this
2chapter.
3EXPLANATION
4The inclusion of this explanation does not constitute agreement with
5the explanation’s substance by the members of the general assembly.
6BACKGROUND. This bill amends the “Meat and Poultry
7Inspection Act” (Iowa Act), which is administered and enforced
8by the department of agriculture and land stewardship (DALS)
9and which regulates a business engaged in the slaughter of
10livestock or poultry, the processing of the livestock or
11poultry, and the preparation of meat products or poultry
12products derived from those slaughtered animals. The meat or
13poultry product is generically referred to as an “article”.
14DALS regulates these activities on an intrastate basis under
15a cooperative agreement with the United States department
16of agriculture (USDA), which administers and enforces two
17complementary Acts (federal Acts): the federal Meat Inspection
18Act as amended by the Wholesome Meat Act (21 U.S.C. chapter 12)
19and the federal Poultry Products Inspection Act as amended by
20the Wholesome Poultry Products Act (21 U.S.C. chapter 10). In
21both cases, USDA regulates businesses engaged in interstate or
22foreign commerce but may regulate any business if it determines
23that the state enforcement of its statutes does not at least
24equal federal enforcement of the federal Acts (Code section
25189A.3(3)).
26BILL’S PROVISIONS. The bill creates a personal use
27exception to the licensing provisions in the Iowa Act for
28livestock and poultry based on two such exemptions in the
29federal Acts regarding the inspections. An existing provision
30authorizes DALS to adopt rules providing a personal use
31exemption to inspection requirements. Under the federal Meat
32Inspection Act, the owner raising livestock must slaughter and
33process the livestock; the prepared articles derived from the
34processed livestock must be fit for human consumption; the
35articles must be prepared, packaged, or held under sanitary
-2-1conditions; and the articles must be for the personal use
2of the owner raising the livestock, a member of the owner’s
3household, or a nonpaying guest or employee. Under the federal
4Poultry Products Inspection Act, similar requirements apply.
5The owner or producer of poultry must slaughter and process
6the poultry; the poultry must be healthy when slaughtered
7and processed; the poultry must be slaughtered and processed
8under sanitary conditions; the poultry product derived from
9the slaughtered poultry must be for their private use, or the
10private use of a member of their household or a nonpaying guest
11or employee; the poultry product cannot be sold or donated; and
12any shipping containing an article must include information
13about the producer.
-3-da/ns
2requirements of the Meat and Poultry Inspection Act.
3BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 189A.3, Code 2022, is amended to read as
2follows:
3189A.3 License — fee.
41. a. No A person shall not operate an establishment other
5than a food establishment as defined in section 137F.1 without
6first obtaining a license from the department.
7b. Paragraph “a” does not apply to any of the following:
8(1) A food establishment as defined in section 137F.1.
9(2) A person who slaughters, processes, or prepares
10livestock or poultry of the person’s own raising, exclusively
11for the person’s household, nonpaying guests, or nonpaying
12employees.
132. The license fee for each establishment per year or any
14part of a year shall be:
15a. For all meat and poultry slaughtered or otherwise
16prepared not exceeding twenty thousand pounds per year for
17sale, resale, or custom, twenty-five dollars.
18b. For all meat and poultry slaughtered or otherwise
19prepared in excess of twenty thousand pounds per year for sale,
20resale, or custom, fifty dollars.
212. 3. The funds moneys shall be deposited with the
22department. The license year shall be from July 1 to June
2330. Applications for licenses shall be in writing on forms
24prescribed by the department.
253. 4. It is the objective of this chapter to provide for
26meat and poultry products inspection programs that will impose
27and enforce requirements with respect to intrastate operations
28and commerce that are at least equal to those imposed and
29enforced under the federal Meat Inspection Act and the federal
30Poultry Products Inspection Act with respect to operations
31and transactions in interstate commerce; and the secretary
32is directed to administer this chapter so as to accomplish
33this purpose. A director of the meat and poultry inspection
34service shall be designated as the secretary’s delegate to be
35the appropriate state official to cooperate with the secretary
-1-1of agriculture of the United States in administration of this
2chapter.
3EXPLANATION
4The inclusion of this explanation does not constitute agreement with
5the explanation’s substance by the members of the general assembly.
6BACKGROUND. This bill amends the “Meat and Poultry
7Inspection Act” (Iowa Act), which is administered and enforced
8by the department of agriculture and land stewardship (DALS)
9and which regulates a business engaged in the slaughter of
10livestock or poultry, the processing of the livestock or
11poultry, and the preparation of meat products or poultry
12products derived from those slaughtered animals. The meat or
13poultry product is generically referred to as an “article”.
14DALS regulates these activities on an intrastate basis under
15a cooperative agreement with the United States department
16of agriculture (USDA), which administers and enforces two
17complementary Acts (federal Acts): the federal Meat Inspection
18Act as amended by the Wholesome Meat Act (21 U.S.C. chapter 12)
19and the federal Poultry Products Inspection Act as amended by
20the Wholesome Poultry Products Act (21 U.S.C. chapter 10). In
21both cases, USDA regulates businesses engaged in interstate or
22foreign commerce but may regulate any business if it determines
23that the state enforcement of its statutes does not at least
24equal federal enforcement of the federal Acts (Code section
25189A.3(3)).
26BILL’S PROVISIONS. The bill creates a personal use
27exception to the licensing provisions in the Iowa Act for
28livestock and poultry based on two such exemptions in the
29federal Acts regarding the inspections. An existing provision
30authorizes DALS to adopt rules providing a personal use
31exemption to inspection requirements. Under the federal Meat
32Inspection Act, the owner raising livestock must slaughter and
33process the livestock; the prepared articles derived from the
34processed livestock must be fit for human consumption; the
35articles must be prepared, packaged, or held under sanitary
-2-1conditions; and the articles must be for the personal use
2of the owner raising the livestock, a member of the owner’s
3household, or a nonpaying guest or employee. Under the federal
4Poultry Products Inspection Act, similar requirements apply.
5The owner or producer of poultry must slaughter and process
6the poultry; the poultry must be healthy when slaughtered
7and processed; the poultry must be slaughtered and processed
8under sanitary conditions; the poultry product derived from
9the slaughtered poultry must be for their private use, or the
10private use of a member of their household or a nonpaying guest
11or employee; the poultry product cannot be sold or donated; and
12any shipping containing an article must include information
13about the producer.
-3-da/ns