House Study Bill 559 - Introduced SENATE/HOUSE FILE _____ BY (PROPOSED DEPARTMENT OF AGRICULTURE AND LAND STEWARDSHIP BILL) A BILL FOR An Act relating to meat and poultry inspection, by providing 1 an exception for certain establishments engaged in the 2 slaughter of poultry and the preparation of poultry products 3 on a custom basis. 4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 5 TLSB 5369XD (4) 90 da/ns
S.F. _____ H.F. _____ Section 1. Section 189A.4, Code 2024, is amended to read as 1 follows: 2 189A.4 Exemptions. 3 1. In order to accomplish the objectives of this chapter , 4 the secretary may exempt the following types of operations from 5 inspection: 6 1. a. Slaughtering and preparation by any person of 7 livestock and poultry of the persons own raising exclusively 8 for use by the person and members of the persons household, 9 and the persons nonpaying guests and employees. 10 2. b. Any other operations which the secretary may 11 determine would best be exempted to further the purposes of 12 this chapter , to the extent such exemptions conform to the 13 federal Meat Inspection Act and the federal Poultry Products 14 Inspection Act and the regulations thereunder. 15 2. The secretary may allow a poultry establishment at 16 which inspection is maintained to engage in custom operations, 17 and exempt from inspection any poultry slaughtered or any 18 poultry or poultry products otherwise prepared on such custom 19 basis, provided that any carcasses, parts thereof, poultry, or 20 poultry products wherever handled on a custom basis, or any 21 containers or packages containing such articles, are separated 22 at all times from carcasses, parts thereof, poultry, or poultry 23 products prepared for sale, and that all such articles prepared 24 on a custom basis, or any containers or packages containing 25 such articles, are plainly marked Not for Sale immediately 26 after being prepared and kept so identified until delivered to 27 the owner, and that the establishment conducting the custom 28 operation is maintained and operated in a sanitary manner. 29 EXPLANATION 30 The inclusion of this explanation does not constitute agreement with 31 the explanations substance by the members of the general assembly. 32 BACKGROUND. This bill amends Iowas Meat and Poultry 33 Inspection Act (MPIA) (Code chapter 189A), administered and 34 enforced by the department of agriculture and land stewardship 35 -1- LSB 5369XD (4) 90 da/ns 1/ 3
S.F. _____ H.F. _____ (DALS) which regulates (licenses and inspects) a business 1 engaged in the slaughter of livestock or poultry at its 2 premises (establishment). The Code chapter regulates the 3 establishments processing of livestock or poultry carcasses, 4 and the preparation of meat products or poultry products 5 derived from those carcasses (articles). 6 STATE AND FEDERAL REGULATORY COOPERATION. DALS exercises 7 its regulatory authority under the MPIA on an intrastate 8 basis pursuant to a cooperative agreement with the United 9 States department of agriculture (USDA), which administers and 10 enforces two complementary Acts: the federal Meat Inspection 11 Act as amended by the Wholesome Meat Act (21 U.S.C. ch. 12) and 12 the federal Poultry Products Inspection Act as amended by the 13 Wholesome Poultry Products Act (21 U.S.C. ch. 10) (see Code 14 section 189A.2). In both cases, USDA regulates establishments 15 engaged in interstate or foreign commerce but may regulate any 16 establishment if it determines that the state enforcement of 17 state statutes does not at least equal federal enforcement of 18 the federal Acts. 19 STATE INSPECTION EXCEPTION FOR CERTAIN ESTABLISHMENTS 20 CUSTOM OPERATIONS. The MPIA provides certain exceptions from 21 state inspection requirements, including for an establishment 22 that constitutes a custom operation engaged in slaughtering 23 and preparing livestock or poultry of a persons own raising 24 exclusively for use by the person and members of the persons 25 household, and the persons nonpaying guests and employees 26 (Code section 189A.4). 27 BILLS PROVISIONS NEW CUSTOM OPERATION INSPECTION 28 EXCEPTION FOR STATE-LICENSED POULTRY ESTABLISHMENTS. The 29 bill adds another inspection exemption that also applies to a 30 custom operation, and specifically to a state-licensed poultry 31 establishment. The exemption is subject to certain conditions. 32 First, the articles, whenever handled, and any containers or 33 packages holding such articles, must be kept separate from 34 other areas of the establishment. Second, the containers or 35 -2- LSB 5369XD (4) 90 da/ns 2/ 3
S.F. _____ H.F. _____ packages must be marked Not for Sale. Finally, the entire 1 establishment must be maintained and operated in a sanitary 2 manner. 3 -3- LSB 5369XD (4) 90 da/ns 3/ 3