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| 1 | + | Senate File 2391 - Reprinted SENATE FILE 2391 BY COMMITTEE ON AGRICULTURE (SUCCESSOR TO SSB 3162) (As Amended and Passed by the Senate February 27, 2024 ) 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 SF 2391 (3) 90 da/ns/mb | |
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| 3 | + | S.F. 2391 Section 1. NEW SECTION . 135.16C Federal nutrition programs 1 cultivated-protein food products. 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 or program means any of the 7 following: 8 (1) The special supplemental nutrition program for women, 9 infants, and children as provided in 42 U.S.C. 1786 et seq. 10 (2) The supplemental nutrition assistance program as 11 provided in 7 U.S.C. ch. 51. 12 2. If the United States department of agriculture approves 13 cultivated-protein food products for purchase under a federal 14 nutrition program, the department of health and human services 15 shall submit a request to the United States department of 16 agriculture for a waiver or other exception that excludes 17 cultivated-protein food products from program eligibility in 18 this state. 19 Sec. 2. NEW SECTION . 137E.1 Definitions. 20 As used in this chapter, unless the context otherwise 21 requires: 22 1. Agricultural food animal means a domesticated animal 23 belonging to the bovine, caprine, ovine, or porcine species; or 24 live domestic fowl limited to chickens or turkeys. 25 2. Cultivated-protein food product means a food product 26 having one or more sensory attributes that resemble a type 27 of tissue originating from an agricultural food animal but 28 that, in lieu of being derived from meat processing, is derived 29 from manufacturing cells, in which one or more stem cells are 30 initially isolated from an agricultural food animal, are grown 31 in vitro, and may be manipulated, as part of a manufacturing 32 operation. 33 3. Department means the department of inspections, 34 appeals, and licensing. 35 -1- SF 2391 (3) 90 da/ns/mb 1/ 7 | |
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| 5 | + | S.F. 2391 4. Food processing plant means the same as defined in 1 section 137F.1. 2 5. Food product means a perishable or nonperishable item 3 stored in a container or package, if the item is fit for human 4 consumption. 5 6. a. Identifying meat term means any word or phrase 6 that states, indicates, suggests, or describes a meat product, 7 regardless of whether the word or phrase is used individually, 8 as a portmanteau, or as a compound word. 9 b. Identifying meat term includes but is not limited to 10 any of the following: 11 (1) (a) A common name for the species of the agricultural 12 food animal subject to slaughter and processing, including a 13 calf or cow, chicken, goat or kid, hog or pig, poultry, lamb or 14 sheep, or turkey. 15 (b) A common name for a characteristic of a species of the 16 agricultural food animal subject to slaughter and processing 17 based on age, breed, or sex. 18 (2) (a) Meat. 19 (b) Beef or veal; broiler, fryer, poulet, or yearling; 20 cabrito or chevon; lamb or mutton; or pork. 21 (c) A common name used to describe a major cut of a meat 22 of an agricultural food animal slaughtered and processed, 23 including a major meat cut specified in 9 C.F.R. 317.344; 24 a poultry product such as breast, drumstick, giblet, thigh, 25 or wing; or the common name of an organ or offal, including 26 gizzard, heart, liver, kidney, or tongue. 27 (d) Any other common name that a reasonable purchaser would 28 immediately and exclusively associate with a meat product 29 prepared for sale in normal commercial channels such as bacon, 30 baloney, bologna, bone, brat or bratwurst, brisket, burger 31 or hamburger, butt, chop, chuck, cold cut, cutlet, filet, 32 flat iron, frank or frankfurter, ham, hock, hot dog, jerky, 33 liverwurst, loin, London broil, lunch meat, New York strip, 34 pepperoni, porterhouse, ribeye, roast, rib or sparerib, salami, 35 -2- SF 2391 (3) 90 da/ns/mb 2/ 7 | |
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| 7 | + | S.F. 2391 sausage, shank, sirloin, tenderloin, or a comparable word or 1 phrase as approved by the department. 2 7. Insect-protein food product means a food product having 3 one or more sensory attributes that resemble a type of tissue 4 originating from an agricultural food animal but that, in 5 lieu of being derived from meat processing, is derived from 6 manufacturing insect parts. 7 8. Label means a display of written, printed, or graphic 8 matter placed upon any container storing a food product that 9 is offered for sale or sold on a wholesale or retail basis, 10 regardless of whether the label is printed on the containers 11 packaging or a sticker affixed to the container. 12 9. Manufactured-protein food product means a 13 cultivated-protein food product, insect-protein food product, 14 or plant-protein food product. 15 10. Meat processing means the handling, preparation, and 16 slaughter of an agricultural food animal; the dressing of its 17 carcass; or the cutting, storage, and packaging of its tissue 18 or other parts as a food product. 19 11. Meat product means a food product derived from meat 20 processing. 21 12. Plant-protein food product means a food product having 22 one or more sensory attributes that resemble a type of tissue 23 found in a species of agricultural food animal but that, in 24 lieu of being derived from meat processing, is derived from 25 manufacturing plant parts. 26 13. a. Qualifying term means a word, compound word, or 27 phrase that would clearly disclose to a reasonable purchaser of 28 meat products from a food processing plant that a food product 29 is not a meat product. 30 b. Qualifying term includes but is not limited to 31 cell-cultivated, cell-cultured, fake, grown in a lab, 32 imitation, insect, insect-based, insect-protein, lab-created, 33 lab-grown, meat free, meatless, plant, plant-based, vegan, 34 vegetable, vegetarian, veggie, or a comparable word or phrase 35 -3- SF 2391 (3) 90 da/ns/mb 3/ 7 | |
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| 9 | + | S.F. 2391 as approved by the department. 1 14. Regulatory authority means the same as defined in 2 section 137F.1. 3 Sec. 3. NEW SECTION . 137E.2 Administration. 4 1. In conducting a routine inspection of the premises of a 5 food processing plant licensed under chapter 137F, a regulatory 6 authority is not required to determine if any food product 7 located on the premises is misbranded as a meat product as 8 provided in section 137E.3. 9 2. A regulatory authority shall inspect an inventory of 10 food products offered for sale or sold at a food processing 11 plant based on a credible complaint that the food products are 12 misbranded as meat products as provided in section 137E.3. 13 3. A regulatory authority shall have the same powers to 14 inspect a food processing plant under this chapter as it does 15 under chapter 137F. 16 4. The department shall adopt rules pursuant to chapter 17A 17 that are necessary or desirable to administer and enforce this 18 chapter. 19 Sec. 4. NEW SECTION . 137E.3 Misbranded food product. 20 A food product is misbranded as a meat product if all of the 21 following apply: 22 1. The food product is a manufactured-protein food product 23 or the food product contains a manufactured-protein food 24 product. 25 2. The food product is offered for sale or sold by a food 26 processing plant. 27 3. a. A label that is part of or placed on the package 28 or other container storing the food product includes an 29 identifying meat term. 30 b. Paragraph a does not apply if the label contains a 31 conspicuous and prominent qualifying term in close proximity to 32 an identifying meat term. 33 Sec. 5. NEW SECTION . 137E.4 Prohibition sale. 34 A food processing plant shall not offer for sale or sell a 35 -4- SF 2391 (3) 90 da/ns/mb 4/ 7 | |
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| 11 | + | S.F. 2391 food product that is misbranded as a meat product as provided 1 in section 137E.3. 2 Sec. 6. NEW SECTION . 137E.5 Enforcement stop order. 3 1. If a regulatory authority has reasonable cause to believe 4 that a food processing plant is offering for sale or selling a 5 food product that is misbranded as a meat product in violation 6 of section 137E.4, the regulatory authority may issue a stop 7 order. Upon being issued the stop order, the food processing 8 plant shall not offer for sale or sell the food product until 9 the regulatory authority determines that the food product is or 10 is not misbranded as a meat product. 11 2. The regulatory authority may require that the food 12 product be held by the food processing plant and be secured 13 from purchase. 14 3. If a regulatory authority determines that the food 15 product being offered for sale or sold by a food processing 16 plant is misbranded as a meat product, the regulatory authority 17 may issue an embargo order requiring the food processing plant 18 to dispose of the misbranded meat product other than by sale to 19 purchasers in this state. 20 4. The department, the attorney general, or the county 21 attorney in the county where the food product is being offered 22 for sale or sold may enforce the stop order or embargo order by 23 petitioning the district court of that county. 24 Sec. 7. NEW SECTION . 137E.6 Violation misbranding 25 civil penalty. 26 1. A food processing plant shall not misbrand a food product 27 as a meat product as provided in section 137E.3 as determined 28 by the department. 29 2. A food processing plant violating subsection 1 is subject 30 to a civil penalty of not more than five hundred dollars, not 31 to exceed ten thousand dollars total for violations arising 32 out of the same transaction or occurrence. Each day that a 33 violation continues constitutes a separate offense. 34 3. The department shall impose the civil penalty provided 35 -5- SF 2391 (3) 90 da/ns/mb 5/ 7 | |
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| 13 | + | S.F. 2391 in subsection 2. A food processing plant may contest the 1 imposition of the civil penalty by initiating a contested case 2 proceeding pursuant to chapter 17A. 3 4. Civil penalties collected under this section shall be 4 deposited in the general fund of the state. 5 Sec. 8. Section 137F.3A, subsection 1, paragraph a, 6 unnumbered paragraph 1, Code 2024, is amended to read as 7 follows: 8 The department may employ additional full-time equivalent 9 positions to enforce the provisions of this chapter and 10 chapters 137C , and 137D , and 137E with the approval of the 11 department of management, if either of the following apply: 12 Sec. 9. Section 137F.3A, subsection 1, paragraph b, Code 13 2024, is amended to read as follows: 14 b. Before approval may be given, the director of the 15 department of management must have determined that the expenses 16 exceed the funds budgeted by the general assembly for food 17 inspections to the department. The department may hire no more 18 than one full-time equivalent position for each six hundred 19 inspections required pursuant to this chapter and chapters 20 137C , and 137D , and 137E . 21 Sec. 10. Section 137F.4, Code 2024, is amended to read as 22 follows: 23 137F.4 License required. 24 1. A person shall not operate a food establishment or food 25 processing plant to provide goods or services to the general 26 public, or open a food establishment to the general public, 27 until the appropriate license has been obtained from the 28 regulatory authority. Sale of products at wholesale to outlets 29 not owned by a commissary owner requires a food processing 30 plant license. A license shall expire one year from the date 31 of issue. A license is renewable if application for renewal is 32 made prior to expiration of the license or within sixty days 33 of the expiration date of the license. All licenses issued 34 under this chapter that are not renewed by the licensee on or 35 -6- SF 2391 (3) 90 da/ns/mb 6/ 7 | |
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| 15 | - | Senate File 2391, p. 8 As used in this chapter, unless the context otherwise requires: 1. Department means the department of inspections, appeals, and licensing. 2. a. Egg means a food product that is the reproductive output of an agricultural food animal classified as a chicken. b. Egg includes albumen and yolk encased in a calcium-based shell. 3. Egg processing means the processing of eggs that may include any of the following: a. The handling, preparation, and packaging of whole shelled or unshelled eggs. b. The handling, preparation, heating, and packaging of whole shelled or unshelled eggs. c. The breaking of eggs and the separation of eggs; pasteurization; filtering, mixing, stabilizing, or blending parts of the egg; any cooling, freezing, or drying of parts of the egg; storage; and packaging. 4. Egg product means a food product derived from egg processing in which eggs or egg parts are the primary ingredient. 5. Fabricated-egg product means a food product, if it has one or more sensory attributes that resemble an egg product but that, in lieu of being the output of a chicken commonly referred to as a laying hen, is derived from manufactured plants or other organic materials. 6. a. Identifying egg term means any word or phrase that states, indicates, suggests, or describes an egg product, regardless of whether the word or phrase is used individually, as a portmanteau, or as a compound word. b. Identifying egg term includes but is not limited to any of the following: (1) (a) A common name for a type of a chicken, including laying hen, hen, or layer, cage-free, poultry, or fowl. (b) A common name for a characteristic of a chicken based on age, breed, or sex. (2) Any part of the egg, including its egg, eggshell, egg white, or yolk. (3) (a) A common name that a reasonable purchaser would | |
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| 17 | - | Senate File 2391, p. 9 immediately and exclusively associate with an egg product prepared for sale in normal commercial channels such as custard, eggnog, frittata, huevos rancheros, omelette, mayonnaise, meringue, sunny side up, over easy, over hard, scrambled, or quiche. (b) A comparable word or phrase as approved by the department. 7. Label means a display of written, printed, or graphic matter placed upon any container storing a food product that is offered for sale or sold on a wholesale or retail basis, regardless of whether the label is printed on the containers packaging or a sticker affixed to the container. 8. a. Qualifying term means a word, compound word, or phrase that would clearly disclose to a reasonable purchaser of egg products from a food processing plant that a food product is not an egg product. b. Qualifying term includes but is not limited to fake, imitation, egg-free, plant, plant-based, vegan, vegetable, vegetarian, veggie, or a comparable word or phrase as approved by the department. 9. Regulatory authority means the same as defined in section 137F.1. Sec. 15. NEW SECTION . 137A.2 Administration. 1. In conducting a routine inspection of the premises of a food processing plant licensed under chapter 137F, a regulatory authority is not required to determine if any food product located on the premises is misbranded as an egg product as provided in section 137A.3. 2. A regulatory authority shall inspect an inventory of food products offered for sale or sold at a food processing plant based on a credible complaint that the food products are misbranded as egg products as provided in section 137A.3. 3. A regulatory authority shall have the same powers to inspect a food processing plant under this chapter as it does under chapter 137F. 4. The department shall adopt rules pursuant to chapter 17A that are necessary or desirable to administer and enforce this chapter. Sec. 16. NEW SECTION . 137A.3 Misbranded food product. | |
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| 19 | - | Senate File 2391, p. 10 A food product is misbranded as an egg product if all of the following apply: 1. The food product is a fabricated-egg product or the food product contains a fabricated-egg product. 2. The food product is offered for sale or sold by a food processing plant. 3. a. A label that is part of or placed on the package or other container storing the food product includes an identifying egg term. b. Paragraph a does not apply if the label contains a conspicuous and prominent qualifying term in close proximity to an identifying egg term. Sec. 17. NEW SECTION . 137A.4 Prohibition sale. A food processing plant shall not offer for sale or sell a food product that is misbranded as an egg product as provided in section 137A.3. Sec. 18. NEW SECTION . 137A.5 Enforcement stop order. 1. If a regulatory authority has reasonable cause to believe that a food processing plant is offering for sale or selling a food product that is misbranded as an egg product in violation of section 137A.4, the regulatory authority may issue a stop order. Upon being issued the stop order, the food processing plant shall not offer for sale or sell the food product until the regulatory authority determines that the food product is or is not misbranded as an egg product. 2. The regulatory authority may require that the food product be held by the food processing plant and be secured from purchase. 3. If a regulatory authority determines that the food product being offered for sale or sold by a food processing plant is misbranded as an egg product, the regulatory authority may issue an embargo order requiring the food processing plant to dispose of the misbranded egg product other than by sale to purchasers in this state. 4. The department, the attorney general, or the county attorney in the county where the food product is being offered for sale or sold may enforce the stop order or embargo order by petitioning the district court of that county. Sec. 19. NEW SECTION . 137A.6 Violation misbranding | |
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| 21 | - | Senate File 2391, p. 11 civil penalty. 1. A food processing plant shall not misbrand a food product as an egg product as provided in section 137A.3 as determined by the department. 2. A food processing plant violating subsection 1 is subject to a civil penalty of not more than five hundred dollars, not to exceed ten thousand dollars total for violations arising out of the same transaction or occurrence. Each day that a violation continues constitutes a separate offense. 3. The department shall impose the civil penalty provided in subsection 2. A food processing plant may contest the imposition of the civil penalty by initiating a contested case proceeding pursuant to chapter 17A. 4. Civil penalties collected under this section shall be deposited in the general fund of the state. Sec. 20. NEW SECTION . 137F.4A Egg products. 1. A regulatory authority shall not suspend or revoke a license issued to a food processing plant under this chapter for offering for sale or selling a food product that is misbranded as an egg product in violation of section 137A.4. 2. A license issued to a food processing plant under section 137F.4 also covers the operation of a food processing plant under chapter 137A. PART B FEDERAL PROGRAM PURCHASING RESTRICTIONS Sec. 21. NEW SECTION . 135.16D Federal nutrition programs fabricated-egg products. 1. As used in this section, unless the context otherwise requires: a. Fabricated-egg product means the same as defined in section 137A.1. b. Federal nutrition program or program means any of the following: (1) The special supplemental nutrition program for women, infants, and children as provided in 42 U.S.C. 1786 et seq. (2) The supplemental nutrition assistance program as provided in 7 U.S.C. ch. 51. 2. If the United States department of agriculture approves fabricated-egg products for purchase under a federal nutrition | |
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| 23 | - | Senate File 2391, p. 12 program, the department of health and human services shall submit a request to the United States department of agriculture for a waiver or other exception that excludes fabricated-egg products from program eligibility in this state. PART C STATE PURCHASING RESTRICTIONS Sec. 22. NEW SECTION . 260C.10A Purchases egg products. The board of directors providing services to a merged area, and the board of directors of a community college, shall establish policies to prevent the purchase of a food product that is misbranded as an egg product as prohibited in chapter 137A. Sec. 23. NEW SECTION . 262.25E Purchases egg products. The state board of regents, and institutions under the control of the board, shall establish policies to prevent the purchase of a food product that is misbranded as an egg product as prohibited in chapter 137A. Sec. 24. NEW SECTION . 283A.13 Purchases egg products. The department of education, and school boards, shall establish policies to prevent the purchase of a food product that is misbranded as an egg product as prohibited in chapter 137A. ______________________________ AMY SINCLAIR President of the Senate ______________________________ PAT GRASSLEY Speaker of the House I hereby certify that this bill originated in the Senate and is known as Senate File 2391, Ninetieth General Assembly. ______________________________ W. CHARLES SMITHSON Secretary of the Senate Approved _______________, 2024 ______________________________ KIM REYNOLDS Governor | |
| 15 | + | S.F. 2391 before the expiration date shall be subject to a penalty of ten 1 percent per month of the license fee if the license is renewed 2 at a later date. 3 2. A regulatory authority shall not suspend or revoke a 4 license issued to a food processing plant under this chapter 5 for offering for sale or selling a food product that is 6 misbranded as a meat product in violation of section 137E.4. 7 3. A license issued to a food processing plant under this 8 section also covers the operation of a food processing plant 9 under chapter 137E. 10 Sec. 11. NEW SECTION . 260C.10 Purchases meat products. 11 The board of directors providing services to a merged area, 12 and the board of directors of a community college, shall 13 establish policies to prevent the purchase of a food product 14 that is any of the following: 15 1. Misbranded as a meat product as prohibited in chapter 16 137E. 17 2. A cultivated-protein food product as defined in section 18 137E.1. 19 Sec. 12. NEW SECTION . 262.25D Purchases meat products. 20 The state board of regents, and institutions under the 21 control of the board, shall establish policies to prevent the 22 purchase of a food product that is any of the following: 23 1. Misbranded as a meat product as prohibited in chapter 24 137E. 25 2. A cultivated-protein food product as defined in section 26 137E.1. 27 Sec. 13. NEW SECTION . 283A.12 Purchases meat products. 28 The department of education, and school boards, shall 29 establish policies to prevent the purchase of a food product 30 that is any of the following: 31 1. Misbranded as a meat product as prohibited in chapter 32 137E. 33 2. A cultivated-protein food product as defined in section 34 137E.1. 35 -7- SF 2391 (3) 90 da/ns/mb 7/ 7 |