Senate File 2209 - Introduced SENATE FILE 2209 BY COMMITTEE ON AGRICULTURE (SUCCESSOR TO SSB 3052) A BILL FOR An Act relating to agriculture, by providing for the 1 administration of programs and regulations, making 2 appropriations, and including effective date provisions. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 4 TLSB 5372SV (2) 90 da/ns
S.F. 2209 DIVISION I 1 IOWA-FOALED HORSES 2 Section 1. Section 99D.22, subsection 2, paragraph b, 3 subparagraph (3), Code 2024, is amended to read as follows: 4 (3) (a) Continuous For a thoroughbred foal, continuous 5 residency from December 31 15 until the foal is inspected if 6 the mare was bred by other than an Iowa registered stallion and 7 is not bred back to an Iowa registered stallion. 8 (b) For a standardbred foal or quarter horse foal, 9 continuous residency from January 31 until the foal is 10 inspected if the mare was bred by other than an Iowa registered 11 stallion and is not bred back to an Iowa registered stallion. 12 DIVISION II 13 AGRICULTURAL MARKETING 14 PART A 15 CHOOSE IOWA PROMOTIONAL PROGRAM 16 Sec. 2. Section 159.26, Code 2024, is amended by striking 17 the section and inserting in lieu thereof the following: 18 159.26 Definitions. 19 As used in this part, unless the context otherwise requires: 20 1. Agricultural commodity means an animal or plant, or raw 21 material originating from an animal or plant. 22 2. Component means an agricultural commodity that is 23 combined to form a product during processing. 24 3. Farm means land and associated structures used to 25 produce an agricultural commodity. 26 4. Food item means an agricultural commodity, or an item 27 processed from an agricultural commodity, that is fit for human 28 consumption. 29 5. Fund means the choose Iowa program fund established in 30 section 159.31. 31 6. Horticulture item means any of the following: 32 a. A nursery, floral, or greenhouse plant. 33 b. A product processed from a nursery, floral, or greenhouse 34 plant, including a seed, rooting, cutting, tissue culture, 35 -1- LSB 5372SV (2) 90 da/ns 1/ 13
S.F. 2209 seedling, or other propagation material. 1 7. Natural fiber item means fiber originating from 2 an agricultural commodity for use in processing, including 3 manufacturing into a textile, apparel, or other similar 4 product. 5 8. Process means to prepare a product that includes an 6 agricultural commodity alone or as a component. 7 9. a. Product means an agricultural commodity that in its 8 raw or processed state is moveable at the time of its retail 9 sale. 10 b. Product includes but is not limited to a food item, 11 horticulture item, or natural fiber item. 12 10. Program means the choose Iowa promotional program 13 established in section 159.28. 14 Sec. 3. Section 159.28, Code 2024, is amended to read as 15 follows: 16 159.28 Choose Iowa promotional program. 17 1. The department shall establish and administer a choose 18 Iowa promotional program to advertise for retail sale on a 19 retail basis a food item that originates as an agricultural 20 commodity produced on an Iowa farm, and an Iowa product that 21 may include any of the following: 22 a. An agricultural commodity produced on an Iowa farm , 23 except that it may be prepared for sale by washing or packaging 24 in this state. 25 b. A product, if it is An agricultural commodity processed 26 in this state and any of its ingredients , if its components 27 originate as an agricultural commodity produced on an Iowa 28 farm. 29 2. a. The department may adopt rules further defining an 30 Iowa farm , Iowa agricultural commodity, and Iowa product; and 31 describing how an Iowa agricultural commodity originates on an 32 Iowa farm. 33 b. The department may adopt rules providing for the 34 acceptable use of ingredients originating a component that 35 -2- LSB 5372SV (2) 90 da/ns 2/ 13
S.F. 2209 originates from an agricultural commodities commodity not 1 produced on an Iowa farms farm . In adopting the rules, the 2 department may consider whether the ingredient component is 3 an incidental additive or other component that the department 4 determines is or insignificant part of an Iowa product . 5 Sec. 4. Section 159.29, subsections 1 and 5, Code 2024, are 6 amended to read as follows: 7 1. As part of the choose Iowa promotional program, the 8 department may establish a choose Iowa logo to identify a food 9 item originating as an agricultural commodity produced on an 10 Iowa farm an Iowa product . 11 5. The use of a choose Iowa logo does not do any of the 12 following: 13 a. Provide an express or implied guarantee or warranty 14 concerning the safety, fitness, merchantability, or use of a 15 food item product . 16 b. Supersede, revise, or replace a state or federal labeling 17 requirement, including but not limited to a provision in the 18 federal Fair Packaging and Labeling Act, 15 U.S.C. 1451 et 19 seq. 20 c. Indicate the grade, specification, standard, or value of 21 any food item agricultural commodity, component, or product . 22 Sec. 5. Section 159.31, subsection 1, Code 2024, is amended 23 to read as follows: 24 1. A choose Iowa promotional fund is established in 25 the state treasury under the management and control of the 26 department. 27 PART B 28 DAIRY INNOVATION 29 Sec. 6. Section 159.31A, subsection 3, paragraphs a and c, 30 Code 2024, are amended to read as follows: 31 a. Expand or refurbish existing milk plants or establish a 32 new milk plant, operating pursuant to a permit issued pursuant 33 to section 192.111 or 194.3A . 34 c. Rent buildings, refrigeration facilities, or freezer 35 -3- LSB 5372SV (2) 90 da/ns 3/ 13
S.F. 2209 facilities, or acquire equipment , if necessary to expand dairy 1 processing capacity, including mobile dairy or refrigeration 2 units used exclusively for dairy processing. 3 Sec. 7. Section 159.31A, subsection 7, Code 2024, is amended 4 to read as follows: 5 7. A business that is awarded financial assistance under 6 this section may apply for financial assistance under other 7 programs administered by the authority department . 8 PART C 9 VALUE-ADDED AGRICULTURAL GRANT FUND AND PROGRAM 10 Sec. 8. NEW SECTION . 159.31C Value-added agricultural grant 11 program fund. 12 1. A value-added agricultural grant program fund is 13 established in the state treasury under the management and 14 control of the department. 15 2. The fund shall include moneys appropriated by the general 16 assembly and other moneys available to and obtained or accepted 17 by the department, including moneys from public or private 18 sources. 19 3. Moneys in the fund are appropriated to the department for 20 the purpose of supporting the value-added agricultural grant 21 program established in section 159.31D. 22 4. a. Notwithstanding section 12C.7, interest or earnings 23 on moneys in the fund shall be credited to the fund. 24 b. Notwithstanding section 8.33, moneys in the fund that 25 remain unencumbered or unobligated at the end of a fiscal year 26 shall not revert. 27 Sec. 9. NEW SECTION . 159.31D Value-added agricultural grant 28 program. 29 There is established a value-added agricultural grant 30 program to identify, evaluate, and support projects and 31 services that add value to agricultural commodities produced 32 on Iowa farms, including by supporting new technologies and 33 marketing strategies. The department shall adopt rules as 34 necessary to administer the program. 35 -4- LSB 5372SV (2) 90 da/ns 4/ 13
S.F. 2209 DIVISION III 1 COMMERCIAL ESTABLISHMENTS 2 Sec. 10. Section 162.2, subsection 8, Code 2024, is amended 3 to read as follows: 4 8. Commercial breeder means a person, engaged in the 5 business of breeding dogs or cats, who sells, exchanges, or 6 leases dogs or cats in return for consideration, or who offers 7 to do so, whether or not the animals are raised, trained, 8 groomed, or boarded by the person. A person who owns or 9 harbors three or fewer breeding males or females is not a 10 commercial breeder. However, a person who breeds any number 11 of breeding male or female greyhounds for the purposes of 12 using them for pari-mutuel wagering at a racetrack as provided 13 in chapter 99D shall be considered a commercial breeder 14 irrespective of whether the person sells, leases, or exchanges 15 the greyhounds for consideration or offers to do so. 16 Sec. 11. Section 162.2B, subsection 1, paragraph b, Code 17 2024, is amended to read as follows: 18 b. For the issuance or renewal of a state license or permit, 19 one hundred seventy-five dollars. However, a commercial 20 breeder who owns, keeps, breeds, or transports a greyhound dog 21 for pari-mutuel wagering at a racetrack as provided in chapter 22 99D shall pay a different fee for the issuance or renewal of a 23 state license as provided in rules adopted by the department. 24 Sec. 12. Section 162.10A, subsection 2, Code 2024, is 25 amended to read as follows: 26 2. a. Except as provided in paragraph b or c , a 27 commercial establishment shall comply with rules that the 28 department adopts to implement subsection 1 . A commercial 29 establishment shall be regulated under this paragraph a 30 unless the person is a state licensee as provided in paragraph 31 b or a permittee as provided in paragraph c b . 32 b. A state licensee who is a commercial breeder owning, 33 breeding, transporting, or keeping a greyhound dog for 34 pari-mutuel wagering at a racetrack as provided in chapter 99D 35 -5- LSB 5372SV (2) 90 da/ns 5/ 13
S.F. 2209 may be required to comply with different rules adopted by the 1 department. 2 c. b. A permittee is not required to comply with rules 3 that the department adopts to implement a standard of care as 4 provided in subsection 1 for state licensees and registrants. 5 The department may adopt rules regulating a standard of care 6 for a permittee, so long as the rules are not more restrictive 7 than required for a permittee under the Animal Welfare Act. 8 However, the department may adopt prescriptive rules relating 9 to the standard of care. Regardless of whether the department 10 adopts such rules, a permittee meets the standard of care 11 required in subsection 1 if it voluntarily complies with rules 12 applicable to state licensees or registrants. A finding by 13 the United States department of agriculture that a permittee 14 complies with the Animal Welfare Act is not conclusive when 15 determining that the permittee provides a standard of care 16 required in subsection 1 . 17 Sec. 13. Section 717B.3, subsection 2, paragraph a, 18 subparagraph (2), subparagraph divisions (a) and (b), Code 19 2024, are amended to read as follows: 20 (a) A state licensee or registrant operating pursuant to 21 section 162.10A, subsection 2 , paragraph a or b . 22 (b) A permittee operating pursuant to section 162.10A, 23 subsection 2 , paragraph c b . 24 DIVISION IV 25 GRADE A MILK 26 Sec. 14. Section 192.101A, Code 2024, is amended by adding 27 the following new subsections: 28 NEW SUBSECTION . 1A. Department means the department of 29 agriculture and land stewardship. 30 NEW SUBSECTION . 5. Secretary means the secretary of 31 agriculture. 32 Sec. 15. Section 192.109, Code 2024, is amended to read as 33 follows: 34 192.109 Certification of grade A label. 35 -6- LSB 5372SV (2) 90 da/ns 6/ 13
S.F. 2209 The department of agriculture and land stewardship shall 1 annually biennially conduct a survey and based on that survey 2 certify all milk labeled grade A pasteurized and grade A 3 raw milk for pasteurization , and, in . In the event that a 4 survey shows the requirements for production, processing, and 5 distribution for such grade are not being complied with, the 6 that fact thereof shall be certified by the department to the 7 secretary of agriculture who shall proceed with the provisions 8 of section 192.107 for suspending the permit of the violator or 9 who, if the secretary did not issue such permit, shall withdraw 10 the grade A declared on the label. 11 Sec. 16. Section 192.111, subsection 1, paragraph a, 12 subparagraph (5), Code 2024, is amended to read as follows: 13 (5) A milk grader which must obtain a milk grader permit and 14 pay a license permit fee not greater than twenty dollars. 15 Sec. 17. Section 192.116, Code 2024, is amended to read as 16 follows: 17 192.116 Bacteriologists. 18 The department of agriculture and land stewardship may 19 employ dairy specialists or bacteriologists who shall devote 20 their full time to the improvement of sanitation in the 21 production, processing , and marketing of dairy products. 22 Said The dairy specialists and bacteriologists shall have 23 qualifications as to education and experience and such other 24 requirements as the secretary may require. 25 Sec. 18. Section 192.118, subsection 1, Code 2024, is 26 amended to read as follows: 27 1. To ensure uniformity in the tests and reporting, an 28 employee certified by the United States public health service 29 of the bacteriological laboratory of the department shall 30 annually certify, in accordance with rules adopted by the 31 department incorporating or incorporating by reference the 32 federal publication entitled Evaluation of Milk Laboratories, 33 all laboratories doing work in the sanitary quality of 34 milk and dairy products for public report. The approval by 35 -7- LSB 5372SV (2) 90 da/ns 7/ 13
S.F. 2209 the department shall be based on the evaluation of these 1 laboratories as to personnel training, laboratory methods 2 used, and reporting. The results on tests made by approved 3 laboratories shall be reported to the department on request, 4 on forms prescribed by the secretary of agriculture , and such 5 reports may be used by the department. 6 DIVISION V 7 FERTILIZERS AND SOIL CONDITIONERS 8 Sec. 19. Section 200.3, subsection 29, Code 2024, is amended 9 to read as follows: 10 29. The term unmanipulated manures means any substances 11 composed primarily of excreta, plant remains, or mixtures of 12 such substances which have not been processed in any manner 13 other than dewatering . 14 Sec. 20. EFFECTIVE DATE. This division of this Act, being 15 deemed of immediate importance, takes effect upon enactment. 16 EXPLANATION 17 The inclusion of this explanation does not constitute agreement with 18 the explanations substance by the members of the general assembly. 19 GENERAL. This bill provides for the administration of 20 a number of programs and regulations by the department of 21 agriculture and land stewardship (DALS). Specifically, 22 the bill addresses the promotion of the native horse racing 23 industry by providing for the qualification of Iowa-foaled 24 horse breeds; agricultural marketing, by revising a number of 25 existing programs such as the choose Iowa promotional program 26 and choose Iowa fund, the dairy innovation program and fund, 27 and the value-added agricultural grant program and fund; the 28 regulation of commercial establishments that keep certain 29 nonagricultural animals for commercial purposes, by eliminating 30 special requirements related to greyhound racing; and the 31 regulation of permittees authorized to engage in the handling 32 of grade A milk and related dairy products. 33 IOWA-FOALED HORSES. DALS regulates the status and care 34 of race horses involved in pari-mutual wagering conducted 35 -8- LSB 5372SV (2) 90 da/ns 8/ 13
S.F. 2209 by persons licensed by the racing and gaming commission to 1 operate racetracks and manage associated purses. There are 2 three breeds of horses involved in such racing, including 3 thoroughbred horses, quarter horses, and standardbred horses. 4 For at least one race of each racing day, either a race must 5 be limited to Iowa-foaled horses or alternatively Iowa-foaled 6 horses must be given a weight advantage (Code section 99D.22). 7 At least 20 percent of all net purse moneys distributed to 8 each breed must be awarded in the form of Iowa breeder awards 9 or purse supplements to Iowa breeders. One criteria used to 10 determine a foals status as Iowa bred occurs in cases in which 11 the foals brood mare was bred by a stallion not recognized 12 by DALS as an Iowa registered stallion and was not bred back 13 to an Iowa registered stallion. In that case, the brood mare 14 must have continuous Iowa residency from December 31 until the 15 foal is inspected. The bill provides that for thoroughbred 16 horses that beginning date is moved back to December 15, and 17 for quarter horses and standardbred horses that beginning date 18 is moved forward to January 31. 19 AGRICULTURAL MARKETING CHOOSE IOWA PROMOTIONAL PROGRAM 20 AND CHOOSE IOWA PROMOTIONAL FUND. In 2022, the general 21 assembly established the choose Iowa promotional program 22 (choose Iowa program) and choose Iowa fund administered by 23 DALS (2022 Iowa Acts, chapter 1152). The stated purpose of 24 the choose Iowa program and fund is to provide consumers a 25 choice to purchase a food item originating as an agricultural 26 commodity (commodity) produced on an Iowa farm or a food 27 item processed in Iowa using the commodity as an ingredient 28 (Code sections 159.26 through 159.31). As part of the choose 29 Iowa program, DALS may establish a choose Iowa logo (logo) 30 and register the logo for legal protection with the state or 31 the United States (e.g., by trademark or copyright). DALS 32 may also enter into a licensing agreement with a person who 33 applies to use the logo when selling a food item on a retail 34 basis. A choose Iowa fund was established to finance the 35 -9- LSB 5372SV (2) 90 da/ns 9/ 13
S.F. 2209 program. The fund includes fees paid by licensees and any 1 moneys appropriated by the general assembly. The bill uses 2 the term product to describe both raw and processed items 3 (i.e., moveable goods) that may be sold at retail using the 4 logo. It expands the program to include horticulture items (a 5 nursery, floral, or greenhouse plant) and natural fiber items 6 (e.g., wool). In all cases, the product must be a commodity 7 produced on an Iowa farm, a commodity produced on an Iowa farm 8 and processed in this state, or a commodity produced on an Iowa 9 farm and used as a component in a product processed in this 10 state. The bill changes the funds name to the choose Iowa 11 promotional fund. 12 AGRICULTURAL MARKETING DAIRY FUNDS INNOVATION FUND 13 AND PROGRAM. In 2023, the general assembly created a dairy 14 innovation fund (dairy fund) and program (dairy program) 15 (2023 Iowa Acts, chapter 101). The purpose of the dairy fund 16 and dairy program is to expand dairy processing capacity in 17 the state (Code section 159.31A). The dairy fund is used 18 to support financing eligible businesses participating in 19 the program in the form of grants, low-interest loans, or 20 forgivable loans. DALS is specifically required to finance 21 the expansion or refurbishing of existing milk plants or the 22 construction of new milk plants that process and package raw 23 milk into various milk and dairy products. Code chapter 24 192 regulates the production, processing, labeling, and 25 distribution (handling) of grade A milk and grade A milk 26 products according to sanitary requirements (Code section 27 192.102). Under the program, in order to receive financing, 28 a milk plant must be operated under a permit issued by DALS 29 pursuant to Code section 192.111. The bill provides that the 30 milk plant may also operate under a permit issued pursuant to 31 Code section 194.3A. Code chapter 194 governs the production, 32 delivery, and processing of the less common grade B milk 33 allowed for use in manufacturing dairy products. The bill also 34 provides that the financing may be used for the acquisition 35 -10- LSB 5372SV (2) 90 da/ns 10/ 13
S.F. 2209 and not just renting of dairy processing equipment. Finally, 1 the bill substitutes the term department for authority 2 in a provision that allows an eligible business receiving 3 financial assistance under the program to receive assistance 4 under another program. 5 AGRICULTURAL MARKETING VALUE-ADDED AGRICULTURAL GRANT 6 FUND AND PROGRAM. The bill establishes the value-added 7 agricultural grant program fund (value-added fund) and 8 value-added agricultural grant program (value-added program) 9 (new Code sections 159.31C and 159.31D). The value-added 10 fund is administered by DALS and includes moneys appropriated 11 by the general assembly, and other moneys available to DALS, 12 to support the value-added program. The purpose of the 13 value-added program is to support projects and services that 14 add value to agricultural commodities produced on Iowa farms 15 (e.g., by processing). The program has been enacted and 16 supported in recent DALS general appropriations Acts but not 17 codified (see 2021 Iowa Acts, chapter 143, section 12; 2022 18 Iowa Acts, chapter 1147, section 12; and 2023 Iowa Acts, 19 chapter 109, section 4). 20 REGULATION OF COMMERCIAL ESTABLISHMENTS. DALS regulates 21 commercial establishments that keep certain nonagricultural 22 animals for commercial purposes on a nonprofit or profit 23 basis, including an animal shelter, pound, or research 24 facility issued a certificate of registration (Code sections 25 162.3, 162.4, and 162.4A); a pet shop, boarding kennel, or 26 commercial kennel issued a state license (Code sections 162.5, 27 162.5A, and 162.6); or a dealer, commercial breeder, or public 28 auction who may elect to be either issued a state license or 29 a permit. A permit is issued if the person is licensed under 30 the federal Animal Welfare Act (7 U.S.C. ch. 54) by the United 31 States department of agriculture (Code sections 162.7, 162.8, 32 and 162.9A). Code chapter 162 provides special regulations 33 applicable to a greyhound dog if used for pari-mutuel wagering 34 at a licensed racetrack (racing greyhound) (Code chapter 99D). 35 -11- LSB 5372SV (2) 90 da/ns 11/ 13
S.F. 2209 The bill eliminates those special provisions. Currently, a 1 person is regulated as a commercial breeder and is subject to 2 license or permit requirements if the person breeds dogs or 3 cats in exchange for payment with an exception that applies 4 to a person who keeps three or fewer breeding greyhounds. 5 The exception does not apply to a person who breeds racing 6 greyhounds (Code section 162.2). A person applying for a 7 state license or permit is required to pay DALS $175 with 8 an exception for a person who keeps racing greyhounds (Code 9 section 162.2B). A person who keeps greyhounds must be issued 10 a state license and is subject to a fee established by DALS 11 rule which is currently $40 (21 IAC 67.17). A commercial 12 establishment is required to comply with standard of care 13 requirements including providing a kept animal with adequate 14 feed, adequate water, housing facilities, sanitary control, 15 grooming practices, and veterinary care as required by DALS 16 rule (Code section 162.10A). A state licensee who is a 17 commercial breeder keeping a racing greyhound may be required 18 to comply with different rules adopted by the department. 19 GRADE A MILK REGULATION. Iowa has adopted by reference 20 the model Grade A Pasteurized Milk Ordinance as part of 21 its Iowa Grade A Milk Inspection Law (Code chapter 192). 22 The bill makes several editorial changes to improve the Codes 23 readability, including by defining the terms department 24 as the department of agriculture and land stewardship and 25 secretary as the secretary of agriculture, and using those 26 terms consistently throughout the Code chapter. In order to 27 handle raw milk for pasteurization and processing, a person 28 must be issued a permit by DALS (Code section 192.107; 21 29 IAC 68.2). Each year, DALS is required to conduct a survey 30 of permittees to verify that the milk they handle meets 31 requirements to be labeled grade A for pasteurization. The 32 bill provides that the survey is to be conducted every other 33 year. DALS may suspend or revoke a permit for a person who does 34 not comply with the sanitary requirements. 35 -12- LSB 5372SV (2) 90 da/ns 12/ 13
S.F. 2209 UNMANIPULATED MANURES. The bill amends a provision in Code 1 chapter 200, which provides for the regulation of the sale 2 of fertilizers and soil conditioners by DALS. Specifically, 3 the bill amends the defined term unmanipulated manures which 4 means any substances composed of excreta or plant remains 5 that have not been processed. The bill provides that the 6 term includes such substances processed by dewatering. This 7 provision takes effect upon enactment. 8 -13- LSB 5372SV (2) 90 da/ns 13/ 13