Senate File 2391 - Introduced SENATE FILE 2391 BY COMMITTEE ON AGRICULTURE (SUCCESSOR TO SSB 3162) A BILL FOR An Act prohibiting the misbranding of certain food products, 1 and providing penalties. 2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 3 TLSB 5774SV (2) 90 da/ns
S.F. 2391 Section 1. NEW SECTION . 135.16C Vendors participating in 1 federal nutrition program meat product sales. 2 1. As used in this section, unless the context otherwise 3 requires: 4 a. Cultivated-protein food product means the same as 5 defined in section 137E.1. 6 b. Federal nutrition program means the special 7 supplemental nutrition program for women, infants, and children 8 as provided in 42 U.S.C. 1786 et seq. 9 c. Grocery store means the same as defined in section 10 137E.1. 11 d. Meat product means the same as defined in section 12 137E.1. 13 2. a. The department of inspections, appeals, and licensing 14 shall assist the department of health and human services in 15 adopting rules necessary to implement and administer this 16 section. 17 b. If necessary to implement, administer, and enforce 18 this section, the department of health and human services, 19 in cooperation with the department of agriculture and land 20 stewardship, shall submit a request to the United States 21 department of agriculture for a waiver or other exception from 22 regulations as deemed feasible by the department of health and 23 human services. The department of health and human services 24 shall regularly report the status of such a request to the 25 legislative services agency. 26 3. A grocery store that is a vendor participating in a 27 federal nutrition program and offering to sell or selling meat 28 products for retail sale shall not offer for sale or sell a 29 food product that is any of the following: 30 a. Misbranded as a meat product as prohibited in section 31 137E.4. 32 b. A cultivated-protein food product. 33 4. A violation of subsection 3 by a grocery store shall not 34 be construed to disqualify a grocery store from participating 35 -1- LSB 5774SV (2) 90 da/ns 1/ 10
S.F. 2391 in a federal nutrition program unless otherwise authorized by 1 the United States department of agriculture. 2 Sec. 2. NEW SECTION . 137E.1 Definitions. 3 As used in this chapter, unless the context otherwise 4 requires: 5 1. Agricultural food animal means a domesticated animal 6 belonging to the bovine, caprine, ovine, or porcine species; or 7 live domestic fowl limited to chickens or turkeys. 8 2. Cultivated-protein food product means a food product 9 having one or more sensory attributes that resemble a type 10 of tissue originating from an agricultural food animal but 11 that, in lieu of being derived from meat processing, is derived 12 from manufacturing cells, in which one or more stem cells are 13 initially isolated from an agricultural food animal, are grown 14 in vitro, and may be manipulated, as part of a manufacturing 15 operation. 16 3. Department means the department of inspections, 17 appeals, and licensing. 18 4. Food processing plant means the same as defined in 19 section 137F.1. 20 5. Food product means a perishable or nonperishable item 21 stored in a container or package, if the item is fit for human 22 consumption. 23 6. Grocery store means a food establishment required to be 24 licensed by a regulatory authority pursuant to section 137F.4 25 to offer for sale or sell food or food products to customers 26 intended for preparation or consumption off premises. 27 7. Insect-protein food product means a food product having 28 one or more sensory attributes that resemble a type of tissue 29 originating from an agricultural food animal but that, in 30 lieu of being derived from meat processing, is derived from 31 manufacturing insect parts. 32 8. Label means a display of written, printed, or graphic 33 matter placed upon any container storing a food product that 34 is offered for sale or sold on a wholesale or retail basis, 35 -2- LSB 5774SV (2) 90 da/ns 2/ 10
S.F. 2391 regardless of whether the label is printed on the containers 1 packaging or a sticker affixed to the container. 2 9. Manufactured-protein food product means a 3 cultivated-protein food product, insect-protein food product, 4 or plant-protein food product. 5 10. Meat processing means the handling, preparation, and 6 slaughter of an agricultural food animal; the dressing of its 7 carcass; or the cutting, storage, and packaging of its tissue 8 or other parts as a food product. 9 11. Meat product means a food product derived from meat 10 processing. 11 12. Plant-protein food product means a food product having 12 one or more sensory attributes that resemble a type of tissue 13 found in a species of agricultural food animal but that, in 14 lieu of being derived from meat processing, is derived from 15 manufacturing plant parts. 16 13. Regulatory authority means the same as defined in 17 section 137F.1. 18 Sec. 3. NEW SECTION . 137E.2 Administration. 19 1. In conducting a routine inspection of the premises of a 20 person licensed under chapter 137F, a regulatory authority is 21 not required to determine if any food product located on the 22 premises is misbranded as a meat product as provided in section 23 137E.4. 24 2. A regulatory authority shall inspect an inventory of food 25 products offered for sale or sold at a food processing plant 26 or grocery store based on a credible complaint that the food 27 products are misbranded as meat products as provided in section 28 137E.4. 29 3. A regulatory authority shall have the same powers to 30 inspect a food processing plant or grocery store under this 31 chapter as it does under chapter 137F. 32 4. The department shall adopt rules pursuant to chapter 17A 33 that are necessary or desirable to administer and enforce this 34 chapter. 35 -3- LSB 5774SV (2) 90 da/ns 3/ 10
S.F. 2391 Sec. 4. NEW SECTION . 137E.3 Offense. 1 A person shall not offer for sale or sell a food product that 2 is misbranded as a meat product as provided in section 137E.4. 3 Sec. 5. NEW SECTION . 137E.4 Misbranded meat product. 4 A food product is misbranded as a meat product if all of the 5 following apply: 6 1. The food product is a manufactured-protein food product 7 or the food product contains a manufactured-protein food 8 product. 9 2. The food product is offered for sale or sold on a 10 wholesale or retail basis. 11 3. a. A label that is part of or placed on the package 12 or other container storing a food product includes any of 13 the following identifying terms whether used alone or as a 14 portmanteau: 15 (1) Beef. 16 (2) Chicken. 17 (3) Goat. 18 (4) Lamb or sheep. 19 (5) Pork. 20 (6) Turkey. 21 b. Paragraph a does not apply to a label that 22 conspicuously qualifies an identifying term as an imitation or 23 substitute. 24 Sec. 6. NEW SECTION . 137E.5 Enforcement stop order. 25 1. If a regulatory authority has reasonable cause to believe 26 that a food processing plant or grocery store is offering for 27 sale or selling a food product that is misbranded as a meat 28 product, the regulatory authority may issue a stop order. Upon 29 being issued the stop order, the food processing plant or 30 grocery store shall not offer for sale or sell the food product 31 until the regulatory authority determines that the food product 32 is or is not misbranded as a meat product. 33 2. The regulatory authority may require that the food 34 product be held by the food processing plant or grocery store 35 -4- LSB 5774SV (2) 90 da/ns 4/ 10
S.F. 2391 and be secured from purchase. 1 3. If a regulatory authority determines that food product 2 being offered for sale or sold by a food processing plant or 3 grocery store is misbranded as a meat product, the regulatory 4 authority may issue an embargo order requiring the food 5 processing plant or grocery store to dispose of the misbranded 6 meat product other than by sale to consumers in this state. 7 4. The department, the attorney general, or the county 8 attorney in the county where the food product is being offered 9 for sale or sold may enforce the stop order or embargo order by 10 petitioning the district court of that county. 11 Sec. 7. NEW SECTION . 137E.6 Penalty. 12 A person who willfully misbrands a food product in violation 13 of this chapter commits a simple misdemeanor. 14 Sec. 8. Section 137F.3A, subsection 1, paragraph a, 15 unnumbered paragraph 1, Code 2024, is amended to read as 16 follows: 17 The department may employ additional full-time equivalent 18 positions to enforce the provisions of this chapter and 19 chapters 137C , and 137D , and 137E with the approval of the 20 department of management, if either of the following apply: 21 Sec. 9. Section 137F.3A, subsection 1, paragraph b, Code 22 2024, is amended to read as follows: 23 b. Before approval may be given, the director of the 24 department of management must have determined that the expenses 25 exceed the funds budgeted by the general assembly for food 26 inspections to the department. The department may hire no more 27 than one full-time equivalent position for each six hundred 28 inspections required pursuant to this chapter and chapters 29 137C , and 137D , and 137E . 30 Sec. 10. Section 137F.4, Code 2024, is amended to read as 31 follows: 32 137F.4 License required. 33 1. A person shall not operate a food establishment or food 34 processing plant to provide goods or services to the general 35 -5- LSB 5774SV (2) 90 da/ns 5/ 10
S.F. 2391 public, or open a food establishment to the general public, 1 until the appropriate license has been obtained from the 2 regulatory authority. Sale of products at wholesale to outlets 3 not owned by a commissary owner requires a food processing 4 plant license. A license shall expire one year from the date 5 of issue. A license is renewable if application for renewal is 6 made prior to expiration of the license or within sixty days 7 of the expiration date of the license. All licenses issued 8 under this chapter that are not renewed by the licensee on or 9 before the expiration date shall be subject to a penalty of ten 10 percent per month of the license fee if the license is renewed 11 at a later date. 12 2. A regulatory authority shall not suspend or revoke a 13 license issued to a person under this chapter for offering for 14 sale or selling a food product that is misbranded as a meat 15 product in violation of section 137E.4. 16 3. A license issued to a food processing plant or grocery 17 store under this section also covers the operation of a food 18 processing plant or grocery store under chapter 137E. 19 Sec. 11. NEW SECTION . 260C.10 Purchases meat products. 20 The board of directors providing services to a merged area, 21 and the board of directors of a community college, shall 22 establish policies to prevent the purchase of a food product 23 that is any of the following: 24 1. Misbranded as a meat product as prohibited in chapter 25 137E. 26 2. A cultivated-protein food product as defined in section 27 137E.1. 28 Sec. 12. Section 262.9, Code 2024, is amended by adding the 29 following new subsection: 30 NEW SUBSECTION . 39. Act together with institutions under 31 the control of the board to establish policies prohibiting 32 research into the production, distribution, or use of 33 manufactured-protein food products as defined in section 34 137E.1, to the extent that such research is supported by public 35 -6- LSB 5774SV (2) 90 da/ns 6/ 10
S.F. 2391 moneys. 1 Sec. 13. NEW SECTION . 262.25D Purchases meat products. 2 The state board of regents, and institutions under the 3 control of the board, shall establish policies to prevent the 4 purchase of a food product that is any of the following: 5 1. Misbranded as a meat product as prohibited in chapter 6 137E. 7 2. A cultivated-protein food product as defined in section 8 137E.1. 9 Sec. 14. NEW SECTION . 283A.12 Purchases meat products. 10 The department of education, and school boards, shall 11 establish policies to prevent the purchase of a food product 12 that is any of the following: 13 1. Misbranded as a meat product as prohibited in chapter 14 137E. 15 2. A cultivated-protein food product as defined in section 16 137E.1. 17 EXPLANATION 18 The inclusion of this explanation does not constitute agreement with 19 the explanations substance by the members of the general assembly. 20 GENERAL. This bill prohibits the purchase and sale of 21 certain food products that are manufactured to resemble 22 meat products but that are not derived from the processing 23 (slaughter) of domesticated agricultural food animals, 24 specifically cattle and bison, goats, sheep and lambs, swine, 25 chickens, and turkeys. A manufactured-protein food product 26 is formulated as a cultivated-protein food product, or either 27 an insect-protein food product or plant-protein food product. 28 In all three cases, the food product has one or more sensory 29 attributes that resemble a type of tissue originating from a 30 species of food animal but that, in lieu of being derived from 31 slaughter, is derived from manufacturing cells grown in vitro, 32 meaning outside the food animals body, or that is derived from 33 manufacturing parts of insects or plants (new Code chapter 34 137E). 35 -7- LSB 5774SV (2) 90 da/ns 7/ 10
S.F. 2391 BACKGROUND INSPECTION REGULATIONS (DEPARTMENT OF 1 INSPECTIONS, APPEALS, AND LICENSING). Certain provisions of 2 the bill apply to food processing plants and grocery stores 3 regulated by the department of inspections, appeals, and 4 licensing (DIAL) or a political subdivision (a municipal 5 corporation) acting under contract with DIAL (Code section 6 137F.3). Both government entities are referred to as a 7 regulatory authority. The bill applies to two businesses 8 regulated by DIAL, a food processing plant and a grocery store 9 (licensee). A food processing plant manufactures, packages, 10 labels, or stores food for human consumption but does not 11 provide a food product directly to a consumer. However, a 12 number of businesses are excluded from the definition including 13 a food establishment (amended Code section 137F.1). A grocery 14 store is a type of food establishment that offers to sell or 15 sells food products to customers intended for preparation or 16 consumption off premises (Code section 137E.1). A regulatory 17 authority licenses and inspects both businesses for health and 18 safety purposes. 19 BILLS PROVISIONS LABELING REQUIREMENT CRIMINAL 20 PENALTY. The bill provides that a food product is misbranded 21 as a meat product if it is a manufactured-protein food product 22 or the food product contains a manufactured-protein food 23 product; the food product is offered for sale or sold on a 24 wholesale or retail basis; and the label that is part of or 25 placed on the package or other container storing a food product 26 includes one of seven identifying terms, including beef, 27 chicken, goat, lamb or sheep, pork, or turkey. However, a 28 product is not misbranded if the label conspicuously qualifies 29 an identifying term as an imitation or substitute (new Code 30 section 137E.4). Any person who willfully misbrands a food 31 product commits a simple misdemeanor (new Code section 137E.3). 32 A simple misdemeanor is punishable by confinement for no more 33 than 30 days and a fine of at least $105 but not more than $855. 34 BILLS PROVISIONS LABELING REQUIREMENT AND PROHIBITIONS 35 -8- LSB 5774SV (2) 90 da/ns 8/ 10
S.F. 2391 ON SALE ENFORCEMENT. A regulatory authority is not required 1 to conduct an inspection of a licensees inventory of food 2 products to determine whether a food product is misbranded as 3 a meat product (new Code section 137E.2). However, if the 4 regulatory authority has reasonable cause to believe that a 5 licensee is offering for sale or selling a food product that 6 is misbranded as a meat product, the regulatory authority 7 may issue a stop order (new Code section 137E.5). Upon 8 being issued the stop order, the licensee must not offer for 9 sale or sell the food product until the regulatory authority 10 determines that the food product is or is not misbranded 11 as a meat product. If a regulatory authority determines 12 that the food product is misbranded as a meat product, the 13 regulatory authority may issue an embargo order requiring 14 the food processing plant or grocery store to dispose of the 15 misbranded meat product other than by sale to consumers in this 16 state. DIAL, the attorney general, or a county attorney may 17 enforce the stop order. However, a licensee is not subject 18 to disciplinary action (the suspension or revocation of the 19 license) (amended Code section 137F.4). 20 RESTRICTIONS ON RESEARCH. The board of regents must act 21 together with institutions under its control (Iowa state 22 university of science and technology, the university of Iowa, 23 and the university of northern Iowa) to establish policies 24 prohibiting research into the production, distribution, or use 25 of manufactured-protein food products, to the extent that such 26 research is supported by public moneys (amended Code section 27 262.9). 28 RESTRICTIONS ON THE PURCHASE AND SALE OF MANUFACTURED MEAT 29 PRODUCTS (WIC PROGRAM). The bill applies to a grocery store 30 that participates as a vendor in the special supplemental 31 food program for women, infants, and children (WIC). WIC is 32 administered by the United States department of agriculture 33 (USDA). A grocery store that is a vendor participating in WIC 34 and offering to sell or selling meat products for retail sale 35 -9- LSB 5774SV (2) 90 da/ns 9/ 10
S.F. 2391 is prohibited from selling a food product misbranded as a meat 1 product or a cultivated-protein food product (new Code section 2 135.16C). 3 RESTRICTIONS ON THE PURCHASE AND SALE OF MANUFACTURED 4 MEAT PRODUCTS (EDUCATIONAL INSTITUTIONS). The bill requires 5 a number of different educational institutions to establish 6 policies that prohibit the purchase of a food product that is 7 misbranded as a meat product or that is a cultivated-protein 8 food product. This includes school districts (new Code section 9 283A.12), community colleges (new Code section 260C.10), and 10 regents institutions (new Code section 262.25D). 11 -10- LSB 5774SV (2) 90 da/ns 10/ 10