Bill Text: IA SF2245 | 2021-2022 | 89th General Assembly | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: A bill for an act providing a personal use exemption from licensing requirements of the Meat and Poultry Inspection Act. (Formerly SSB 3051.) Effective date: 07/01/2022.

Spectrum: Committee Bill

Status: (Passed) 2022-04-21 - Signed by Governor. S.J. 814. [SF2245 Detail]

Download: Iowa-2021-SF2245-Introduced.html
Senate File 2245 - Introduced SENATE FILE 2245 BY COMMITTEE ON AGRICULTURE (SUCCESSOR TO SSB 3051) A BILL FOR An Act providing a personal use exemption from licensing 1 requirements of the Meat and Poultry Inspection Act. 2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 3 TLSB 5427SV (2) 89 da/ns
S.F. 2245 Section 1. Section 189A.3, Code 2022, is amended to read as 1 follows: 2 189A.3 License —— fee. 3 1. a. No A person shall not operate an establishment other 4 than a food establishment as defined in section 137F.1 without 5 first obtaining a license from the department. 6 b. Paragraph “a” does not apply to any of the following: 7 (1) A food establishment as defined in section 137F.1. 8 (2) A person who slaughters, processes, or prepares 9 livestock or poultry of the person’s own raising, exclusively 10 for the person’s household, nonpaying guests, or nonpaying 11 employees. 12 2. The license fee for each establishment per year or any 13 part of a year shall be: 14 a. For all meat and poultry slaughtered or otherwise 15 prepared not exceeding twenty thousand pounds per year for 16 sale, resale, or custom, twenty-five dollars. 17 b. For all meat and poultry slaughtered or otherwise 18 prepared in excess of twenty thousand pounds per year for sale, 19 resale, or custom, fifty dollars. 20 2. 3. The funds moneys shall be deposited with the 21 department. The license year shall be from July 1 to June 22 30. Applications for licenses shall be in writing on forms 23 prescribed by the department. 24 3. 4. It is the objective of this chapter to provide for 25 meat and poultry products inspection programs that will impose 26 and enforce requirements with respect to intrastate operations 27 and commerce that are at least equal to those imposed and 28 enforced under the federal Meat Inspection Act and the federal 29 Poultry Products Inspection Act with respect to operations 30 and transactions in interstate commerce; and the secretary 31 is directed to administer this chapter so as to accomplish 32 this purpose. A director of the meat and poultry inspection 33 service shall be designated as the secretary’s delegate to be 34 the appropriate state official to cooperate with the secretary 35 -1- LSB 5427SV (2) 89 da/ns 1/ 3
S.F. 2245 of agriculture of the United States in administration of this 1 chapter . 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 BACKGROUND. This bill amends the “Meat and Poultry 6 Inspection Act” (Iowa Act), which is administered and enforced 7 by the department of agriculture and land stewardship (DALS) 8 and which regulates a business engaged in the slaughter of 9 livestock or poultry, the processing of the livestock or 10 poultry, and the preparation of meat products or poultry 11 products derived from those slaughtered animals. The meat or 12 poultry product is generically referred to as an “article”. 13 DALS regulates these activities on an intrastate basis under 14 a cooperative agreement with the United States department 15 of agriculture (USDA), which administers and enforces two 16 complementary Acts (federal Acts): the federal Meat Inspection 17 Act as amended by the Wholesome Meat Act (21 U.S.C. chapter 12) 18 and the federal Poultry Products Inspection Act as amended by 19 the Wholesome Poultry Products Act (21 U.S.C. chapter 10). In 20 both cases, USDA regulates businesses engaged in interstate or 21 foreign commerce but may regulate any business if it determines 22 that the state enforcement of its statutes does not at least 23 equal federal enforcement of the federal Acts (Code section 24 189A.3(3)). 25 BILL’S PROVISIONS. The bill creates a personal use 26 exception to the licensing provisions in the Iowa Act for 27 livestock and poultry based on two such exemptions in the 28 federal Acts regarding the inspections. An existing provision 29 authorizes DALS to adopt rules providing a personal use 30 exemption to inspection requirements. Under the federal Meat 31 Inspection Act, the owner raising livestock must slaughter and 32 process the livestock; the prepared articles derived from the 33 processed livestock must be fit for human consumption; the 34 articles must be prepared, packaged, or held under sanitary 35 -2- LSB 5427SV (2) 89 da/ns 2/ 3
S.F. 2245 conditions; and the articles must be for the personal use 1 of the owner raising the livestock, a member of the owner’s 2 household, or a nonpaying guest or employee. Under the federal 3 Poultry Products Inspection Act, similar requirements apply. 4 The owner or producer of poultry must slaughter and process 5 the poultry; the poultry must be healthy when slaughtered 6 and processed; the poultry must be slaughtered and processed 7 under sanitary conditions; the poultry product derived from 8 the slaughtered poultry must be for their private use, or the 9 private use of a member of their household or a nonpaying guest 10 or employee; the poultry product cannot be sold or donated; and 11 any shipping containing an article must include information 12 about the producer. 13 -3- LSB 5427SV (2) 89 da/ns 3/ 3
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