Bill Text: IA HF567 | 2021-2022 | 89th General Assembly | Introduced
Bill Title: A bill for an act relating to the slaughter and processing of livestock produced on a farm and the preparation and offer for sale or sale of meat derived from the livestock, including by providing for exemptions from certain regulations, and providing penalties.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2021-02-17 - Introduced, referred to Agriculture. H.J. 445. [HF567 Detail]
Download: Iowa-2021-HF567-Introduced.html
House
File
567
-
Introduced
HOUSE
FILE
567
BY
JACOBY
A
BILL
FOR
An
Act
relating
to
the
slaughter
and
processing
of
livestock
1
produced
on
a
farm
and
the
preparation
and
offer
for
sale
2
or
sale
of
meat
derived
from
the
livestock,
including
by
3
providing
for
exemptions
from
certain
regulations,
and
4
providing
penalties.
5
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
6
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DIVISION
I
1
FARM
HOMEMADE
FOOD
2
Section
1.
NEW
SECTION
.
137G.1
Definitions.
3
As
used
in
this
chapter,
unless
the
context
otherwise
4
requires:
5
1.
“Consumer”
means
a
person
who
is
the
final
purchaser
of
6
food.
7
2.
“Farm”
means
a
location
that
operates
to
generate
income
8
from
the
production
of
commodities,
if
the
income
is
reported
9
on
a
schedule
F
as
part
of
a
form
1040
or
form
1041
tax
return
10
filed
with
the
United
States
internal
revenue
service.
11
3.
“Food”
means
the
same
as
defined
in
section
137F.1.
12
4.
“Livestock”
means
an
animal
belonging
to
the
bovine,
13
caprine,
ovine,
or
porcine
species;
ostriches,
rheas,
or
emus;
14
and
farm
deer
as
defined
in
section
170.1.
15
5.
“Producer”
means
a
person
engaged
in
the
business
of
16
keeping
and
providing
for
the
care
and
feeding
of
livestock
on
17
a
farm
owned
or
leased
by
the
person.
18
6.
“Sale”
means
any
transfer,
exchange,
or
barter,
19
conditional
or
otherwise,
in
any
manner
or
by
any
means
20
whatsoever,
for
consideration,
including
but
not
limited
to
any
21
such
transfer,
exchange,
or
barter
on
a
subscription
basis.
22
Sec.
2.
NEW
SECTION
.
137G.2
Administration.
23
This
chapter
shall
be
administered
by
the
department
of
24
inspections
and
appeals.
The
department
of
inspections
and
25
appeals
in
cooperation
with
the
department
of
agriculture
and
26
land
stewardship
shall
adopt
rules
necessary
to
administer
this
27
chapter.
28
Sec.
3.
NEW
SECTION
.
137G.3
Intrastate
commerce.
29
This
chapter
applies
only
to
livestock
produced
on
a
farm
30
owned
or
leased
by
a
producer
in
this
state,
if
the
livestock
31
is
slaughtered
and
processed
on
the
farm,
the
meat
derived
from
32
the
slaughter
and
processed
livestock
is
prepared
and
offered
33
for
sale
or
sold
on
the
farm,
and
the
meat
is
consumed
in
this
34
state.
35
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Sec.
4.
NEW
SECTION
.
137G.4
Exemption
from
regulation.
1
1.
A
producer
who
slaughters
and
processes
livestock
2
produced
on
a
farm
owned
or
leased
by
that
producer
and
where
3
the
meat
derived
from
the
livestock
is
prepared
and
offered
for
4
sale
or
sold
under
this
chapter
is
exempt
from
regulation
by
5
a
state
agency
or
local
government
exercising
authority
under
6
chapter
137F,
189,
or
189A.
7
2.
a.
The
exemption
described
in
subsection
1
shall
8
only
apply
to
an
offer
for
sale
or
sale
of
meat
pursuant
to
a
9
commodity
share
agreement
as
provided
in
section
137G.5.
10
b.
The
exemption
described
in
subsection
1
applies
to
any
11
requirement
relating
to
licensure,
certification,
permitting,
12
testing,
inspection,
packaging,
and
labeling
of
food
otherwise
13
required
by
those
chapters.
14
3.
This
chapter
does
not
apply
to
any
of
the
following:
15
a.
A
state
agency
or
local
government
when
exercising
powers
16
or
performing
duties
as
provided
by
law
other
than
those
powers
17
or
duties
expressly
exempted
from
regulation
as
provided
in
18
subsection
1.
19
b.
A
producer
during
the
period
that
the
producer
is
not
20
acting
according
to
requirements
necessary
to
comply
with
the
21
exemption
under
this
chapter.
22
4.
This
chapter
does
not
preclude
the
department
of
23
inspections
and
appeals
or
the
department
of
agriculture
and
24
land
stewardship
from
providing
a
producer
with
assistance
25
necessary
to
comply
with
the
requirements
of
this
chapter.
26
A
department
may
consult
with
a
producer
or
provide
for
an
27
unenforceable
inspection
of
the
producer’s
farm
where
meat
28
is
prepared
or
offered
for
sale
or
sold.
This
chapter
does
29
not
preclude
a
state
agency
from
providing
a
consumer
with
30
unbiased
information
regarding
compliance
with
this
chapter
by
31
a
producer.
32
5.
This
chapter
does
not
restrict
a
person
from
offering
to
33
sell
food
or
selling
food
in
conformance
with
another
provision
34
of
law,
including
but
not
limited
to
an
exemption
granted
to
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the
person
under
another
provision
of
law.
1
Sec.
5.
NEW
SECTION
.
137G.5
Sale
of
meat
by
producers
——
2
commodity
share
agreement.
3
1.
A
producer
shall
not
offer
for
sale
or
sell
meat
4
derived
from
livestock
produced
on
a
farm
owned
or
leased
by
a
5
producer,
unless
the
producer
complies
with
the
requirements
6
of
21
U.S.C.
§623.
7
2.
In
complying
with
subsection
1,
the
producer
must
8
enter
into
a
commodity
share
agreement
with
a
consumer.
9
The
agreement
shall
include
all
of
the
following
terms
and
10
conditions:
11
a.
The
consumer
owns
the
livestock
to
be
slaughtered
and
12
processed
for
meat.
The
form
of
ownership
may
be
any
of
the
13
following:
14
(1)
An
undivided
or
divided
interest
in
the
livestock.
15
(2)
A
share
in
a
herd
of
livestock.
In
that
case,
16
the
agreement
shall
specify
the
process
of
selecting
the
17
consumer-owned
livestock
to
be
slaughtered.
18
b.
The
commodity
share
agreement
shall
be
entered
into
by
19
the
producer
and
consumer
prior
to
the
slaughter
and
processing
20
of
the
livestock
owned
by
the
consumer.
21
c.
The
consumer
is
provided
a
bill
of
sale
for
the
22
consumer-owned
livestock.
23
d.
The
producer
provides
for
the
consumer-owned
livestock
24
care
and
feeding
under
a
boarding
arrangement.
25
e.
The
producer
provides
for
the
slaughter
and
processing
26
of
the
livestock
and
for
preparing
the
meat
derived
from
the
27
livestock.
28
f.
The
producer
delivers
meat
derived
from
the
slaughtered
29
and
processed
livestock
to
the
consumer
at
the
producer’s
farm
30
where
the
livestock
was
produced.
31
g.
The
consumer
does
not
transfer
meat
derived
from
the
32
slaughtered
and
processed
livestock
to
a
person
other
than
to
a
33
family
member
or
nonpaying
guest
of
the
consumer.
34
3.
A
term
or
condition
described
in
subsection
2
is
not
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waivable
and
a
contract
in
violation
of
that
subsection
is
void
1
and
unenforceable
in
any
action
brought
under
this
chapter
2
seeking
a
legal
remedy.
3
4.
The
agreement
must
have
the
following
notice
in
at
least
4
ten
point
bold
type
which
shall
state:
5
NOTICE
TO
CONSUMERS
6
Under
Iowa
Code
chapter
137G,
this
agreement
includes
the
7
terms
and
conditions
of
a
sale
in
which
you
consent
to
the
8
purchase
of
meat
derived
from
livestock
that
has
been
produced,
9
slaughtered,
and
processed
on
this
farm.
The
meat
is
not
10
subject
to
federal
or
state
inspection
or
other
public
health
11
regulations
that
require
the
sale
of
wholesome
food.
12
Sec.
6.
NEW
SECTION
.
137G.6
Civil
penalties.
13
A
person
who
violates
a
provision
of
this
chapter
is
subject
14
to
a
civil
penalty
of
not
less
than
five
hundred
dollars
15
and
not
more
than
two
thousand
five
hundred
dollars.
The
16
department
shall
impose,
assess,
and
collect
the
civil
penalty.
17
Each
day
that
a
continuing
violation
occurs
may
be
considered
a
18
separate
offense.
The
civil
penalties
shall
be
deposited
in
19
the
general
fund
of
the
state.
20
DIVISION
II
21
RELATED
CHANGES
22
Sec.
7.
NEW
SECTION
.
137F.20
Exception.
23
This
chapter
does
not
apply
to
the
slaughter
or
processing
24
of
livestock,
or
the
processing,
manufacturing,
packaging,
25
labeling,
or
storing
of
meat
derived
from
livestock,
to
the
26
extent
allowed
under
chapter
137G.
27
Sec.
8.
NEW
SECTION
.
189.32
Exception.
28
This
chapter
does
not
apply
to
the
slaughter
or
processing
29
of
livestock,
or
the
processing,
manufacturing,
packaging,
30
labeling,
or
storing
of
meat
derived
from
livestock,
to
the
31
extent
allowed
under
chapter
137G.
32
Sec.
9.
NEW
SECTION
.
189A.23
Exception.
33
This
chapter
does
not
apply
to
the
slaughter
or
processing
34
of
livestock,
or
the
processing,
manufacturing,
packaging,
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labeling,
or
storing
of
meat
derived
from
livestock,
to
the
1
extent
allowed
under
chapter
137G.
2
EXPLANATION
3
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
4
the
explanation’s
substance
by
the
members
of
the
general
assembly.
5
GENERAL.
This
bill
provides
that
a
person
who
produces
6
livestock
on
a
farm
owned
or
leased
by
the
person
(producer)
is
7
exempt
from
regulation
by
a
state
agency
or
local
government
8
exercising
authority
over
the
slaughter
and
processing
of
9
livestock
produced
on
the
farm
and
the
preparation
and
offer
10
for
sale
or
sale
of
meat
derived
from
the
livestock,
if
the
11
preparation,
offer
for
sale,
and
sale
occurred
on
the
farm.
12
The
regulations
from
which
a
provider
is
exempted
provide
13
requirements
for
licensure,
certification,
permitting,
testing,
14
inspection,
packaging,
and
labeling.
These
include
Code
15
chapters
administered
by
the
department
of
inspections
and
16
appeals
regulating
food
establishments
and
food
processing
17
plants
(Code
chapter
137F).
It
also
includes
Code
chapters
18
administered
by
the
department
of
agriculture
and
land
19
stewardship,
including
general
provisions
(Code
chapter
189),
20
and
the
inspection
of
slaughter
and
processing
facilities
(Code
21
chapter
189A).
The
department
of
inspections
and
appeals
22
acting
in
cooperation
with
the
department
of
agriculture
and
23
land
stewardship
is
responsible
for
administering
the
bill’s
24
provisions.
The
bill
does
not
apply
to
transactions
involving
25
interstate
commerce.
26
In
order
to
offer
for
sale
or
sell
meat
derived
from
27
slaughtered
and
processed
livestock
under
the
bill,
the
28
livestock
must
be
subject
to
a
commodity
share
agreement
29
entered
into
between
the
producer
and
a
consumer.
Such
an
30
agreement
recognizes
the
consumer’s
ownership
interest
in
the
31
livestock
or
a
herd,
and
the
duty
of
the
producer
to
care
for,
32
slaughter,
and
process
the
livestock
and
prepare
meat
derived
33
from
the
livestock
for
on-farm
delivery
to
the
consumer-owner.
34
A
person
who
violates
a
provision
of
the
bill
authorizing
a
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