Bill Text: IA SSB3201 | 2019-2020 | 88th General Assembly | Introduced
Bill Title: A bill for an act providing for the sale of certain homemade food to end consumers.
Spectrum: Committee Bill
Status: (Introduced - Dead) 2020-06-05 - Subcommittee: Feenstra, Chapman, and Jochum. [SSB3201 Detail]
Download: Iowa-2019-SSB3201-Introduced.html
Senate
Study
Bill
3201
-
Introduced
SENATE
FILE
_____
BY
(PROPOSED
COMMITTEE
ON
WAYS
AND
MEANS
BILL
BY
CHAIRPERSON
CHAPMAN)
A
BILL
FOR
An
Act
providing
for
the
sale
of
certain
homemade
food
to
end
1
consumers.
2
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
3
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DIVISION
I
1
HOME
FOOD
PROGRAM
2
Section
1.
NEW
SECTION
.
137G.1
Short
title.
3
This
chapter
shall
be
known
and
may
be
cited
as
the
“Iowa
4
Food
Freedom
Act”
.
5
Sec.
2.
NEW
SECTION
.
137G.2
Definitions.
6
As
used
in
this
chapter,
unless
the
context
otherwise
7
requires:
8
1.
“Delivery”
means
the
transfer
of
homemade
food
resulting
9
from
a
transaction
between
a
producer
and
an
end
consumer.
10
2.
“Department”
means
the
department
of
inspections
and
11
appeals.
12
3.
“End
consumer”
means
a
person
who
is
the
last
person
to
13
purchase
food,
and
who
does
not
resell
the
food.
14
4.
“Farm”
means
a
location
that
operates
to
generate
income
15
from
the
sale
of
food
produced
at
the
location,
including
but
16
not
limited
to
income
reportable
on
a
schedule
F
as
part
of
a
17
form
1040
or
form
1041
tax
return
filed
with
the
United
States
18
internal
revenue
service.
19
5.
“Farmers
market”
means
the
same
as
defined
in
section
20
137F.1.
21
6.
“Food”
means
any
raw
or
prepared
edible
substance,
22
beverage,
or
ingredient
used
or
sold,
or
intended
for
use
or
23
sale,
in
whole
or
in
part
for
human
consumption.
24
7.
“Food
establishment”
means
the
same
as
defined
in
section
25
137F.1.
26
8.
“Home”
means
the
premises
of
a
private
residence,
27
including
a
kitchen
that
is
part
of
the
premises,
where
28
homemade
food
is
prepared
or
processed.
29
9.
“Home
consumption”
means
any
of
the
following:
30
a.
The
consumption
of
food
in
a
home.
31
b.
The
consumption
of
food
from
a
home
and
only
by
a
family
32
member,
an
employee,
or
a
nonpaying
guest.
33
10.
“Homemade
food”
means
food
that
is
prepared
or
processed
34
in
a
kitchen
of
a
home.
35
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11.
“Prepare”
includes
to
package
or
store
food.
1
12.
“Process”
means
an
act
related
to
manufacturing
or
2
treating
a
product,
or
combining
products,
to
create
food,
3
including
but
not
limited
to
cooking
or
baking.
4
13.
“Producer”
means
a
person
who
grows,
harvests,
prepares,
5
or
processes
food
on
property
owned
or
leased
by
the
person.
6
14.
“Transaction”
means
an
exchange
involving
the
buying
and
7
selling
of
a
good.
8
Sec.
3.
NEW
SECTION
.
137G.3
Purpose.
9
The
purpose
of
this
chapter
is
to
allow
for
a
producer’s
10
production,
preparation,
processing,
and
sale
of
homemade
11
food
to
an
informed
end
consumer
for
the
end
consumer’s
home
12
consumption
and
to
encourage
the
expansion
of
food
sales
at
13
a
producer’s
farm,
a
producer’s
home
or
office,
or
a
farmers
14
market
by
doing
all
of
the
following:
15
1.
Facilitating
the
purchase
and
consumption
of
fresh
and
16
local
food.
17
2.
Enhancing
the
agricultural
economy.
18
3.
Providing
Iowa
citizens
with
unimpeded
access
to
healthy
19
food
from
known
sources.
20
Sec.
4.
NEW
SECTION
.
137G.4
Scope
of
regulation.
21
1.
Notwithstanding
any
provision
of
law
to
the
contrary,
22
homemade
food
that
is
prepared
or
processed
and
sold
or
23
offered
for
sale
in
compliance
with
this
chapter
is
exempt
from
24
licensure,
certification,
permitting,
inspection,
packaging,
25
and
labeling
requirements.
26
2.
A
transaction
under
this
chapter
shall
be
subject
to
all
27
of
the
following
requirements:
28
a.
The
transaction
must
occur
directly
between
the
producer
29
and
the
end
consumer.
30
b.
The
homemade
food
subject
to
the
transaction
must
only
31
be
used
for
home
consumption.
32
c.
The
transaction
must
occur
entirely
in
this
state
and
33
must
not
involve
interstate
commerce.
34
d.
The
transaction
must
not
involve
the
sale
of
a
meat
food
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product.
However,
the
transaction
may
involve
the
sale
of
a
1
domestic
rabbit
meat
product.
2
e.
The
transaction
must
not
involve
the
sale
of
a
poultry
3
product,
unless
all
of
the
following
apply:
4
(1)
The
producer
slaughters
not
more
than
one
thousand
5
poultry
that
the
producer
owns
and
raises
during
any
calendar
6
year.
7
(2)
The
producer
does
not
engage
in
buying
or
selling
8
poultry
products
other
than
those
produced
from
poultry
that
9
the
producer
raises.
10
(3)
The
poultry
product
is
not
adulterated
or
misbranded.
11
f.
The
transaction
must
not
involve
any
of
the
following:
12
(1)
The
sale
of
live
animals.
13
(2)
The
sale
of
portions
of
live
animals
before
slaughter
14
for
future
delivery.
15
g.
The
transaction
must
not
involve
the
sale
of
farm-raised
16
fish,
unless
all
of
the
following
apply:
17
(1)
The
fish
is
produced
in
accordance
with
chapter
481A.
18
(2)
The
fish
is
not
catfish.
19
3.
a.
Homemade
food
must
be
sold
or
offered
for
sale
at
the
20
farm
where
the
homemade
food
was
produced,
the
producer’s
home
21
or
office,
a
farmers
market,
or
any
other
location
agreed
to
by
22
the
producer
and
end
consumer.
23
b.
A
producer
may
arrange
for
the
delivery
of
homemade
food
24
by
the
producer
or
the
producer’s
designated
agent
at
a
farm
25
where
the
homemade
food
was
produced,
the
producer’s
home
or
26
office,
a
farmers
market,
or
any
location
agreed
to
by
the
27
producer
and
the
end
consumer.
28
c.
(1)
Homemade
food
may
be
sold
or
offered
for
sale
at
29
a
retail
space
located
at
the
farm
where
the
homemade
food
30
is
produced,
or
a
home
where
the
homemade
food
is
prepared
31
or
processed.
The
retail
space
shall
display
information
32
notifying
an
end
consumer
that
the
retail
space
has
not
been
33
inspected.
If
the
retail
space
is
associated
with
a
food
34
establishment
or
offers
for
sale
any
food
subject
to
inspection
35
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by
the
department,
the
retail
space
shall
be
subject
to
rules
1
adopted
by
the
department
pursuant
to
chapter
17A.
The
rules
2
shall
at
least
require
all
of
the
following:
3
(a)
That
the
retail
space
be
physically
separated
from
4
the
food
establishment
with
a
separate
door
and
separate
cash
5
register
or
point
of
sale.
6
(b)
That
each
separate
space
shall
include
a
sign
clearly
7
indicating
which
spaces
offer
inspected
food
for
sale
and
which
8
spaces
offer
homemade
food
that
is
not
inspected.
9
(c)
The
separation
of
coolers,
freezers,
and
warehouse
or
10
other
storage
areas
to
prohibit
the
intermingling
of
inspected
11
food
for
sale
and
homemade
food
that
is
not
inspected.
12
(2)
Subparagraph
(1)
does
not
apply
to
fresh
fruits
or
13
vegetables.
14
4.
A
producer
shall
inform
the
end
consumer
that
any
15
homemade
food
sold
is
not
subject
to
state
regulation
as
16
provided
in
this
section.
17
5.
Nothing
in
this
chapter
shall
be
construed
to
do
any
of
18
the
following:
19
a.
Impede
the
Iowa
department
of
public
health
from
20
conducting
any
investigation
of
a
foodborne
illness.
21
b.
Change
animal
health
requirements
by
the
department
of
22
agriculture
and
land
stewardship
pursuant
to
Title
V.
23
c.
Preclude
a
state
agency
from
providing
assistance,
24
consultation,
or
inspection
at
the
request
of
a
producer.
25
Sec.
5.
NEW
SECTION
.
137G.5
Rulemaking.
26
The
department
may
adopt
rules
pursuant
to
chapter
17A
as
27
necessary
to
administer
this
chapter.
28
DIVISION
II
29
RELATED
CHANGES
30
Sec.
6.
NEW
SECTION
.
137D.9
Exception.
31
This
chapter
does
not
apply
to
the
production,
preparation,
32
processing,
sale,
or
offer
for
sale
of
homemade
food
to
the
33
extent
allowed
under
chapter
137G.
34
Sec.
7.
NEW
SECTION
.
137F.20
Exception.
35
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This
chapter
does
not
apply
to
the
production,
preparation,
1
processing,
sale,
or
offer
for
sale
of
homemade
food
to
the
2
extent
allowed
under
chapter
137G.
3
Sec.
8.
NEW
SECTION
.
189.32
Exception.
4
This
chapter
does
not
apply
to
the
production,
preparation,
5
processing,
sale,
or
offer
for
sale
of
homemade
food
to
the
6
extent
allowed
under
chapter
137G.
7
Sec.
9.
NEW
SECTION
.
189A.23
Exception.
8
This
chapter
does
not
apply
to
the
production,
preparation,
9
processing,
sale,
or
offer
for
sale
of
homemade
food
to
the
10
extent
allowed
under
chapter
137G.
11
Sec.
10.
NEW
SECTION
.
190.16
Exception.
12
This
chapter
does
not
apply
to
the
production,
preparation,
13
processing,
sale,
or
offer
for
sale
of
homemade
food
to
the
14
extent
allowed
under
chapter
137G.
15
Sec.
11.
NEW
SECTION
.
191.9A
Exception.
16
This
chapter
does
not
apply
to
the
production,
preparation,
17
processing,
sale,
or
offer
for
sale
of
homemade
food
to
the
18
extent
allowed
under
chapter
137G.
19
Sec.
12.
NEW
SECTION
.
192.105A
Exception.
20
This
chapter
does
not
apply
to
the
production,
preparation,
21
processing,
sale,
or
offer
for
sale
of
homemade
food
to
the
22
extent
allowed
under
chapter
137G.
23
Sec.
13.
NEW
SECTION
.
194.26
Exception.
24
This
chapter
does
not
apply
to
the
production,
preparation,
25
processing,
sale,
or
offer
for
sale
of
homemade
food
to
the
26
extent
allowed
under
chapter
137G.
27
Sec.
14.
NEW
SECTION
.
196.13A
Exception.
28
This
chapter
does
not
apply
to
the
production,
preparation,
29
processing,
sale,
or
offer
for
sale
of
homemade
food
to
the
30
extent
allowed
under
chapter
137G.
31
EXPLANATION
32
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
33
the
explanation’s
substance
by
the
members
of
the
general
assembly.
34
This
bill
provides
that
notwithstanding
any
other
law
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to
the
contrary,
a
person
may
engage
in
the
production,
1
preparation,
processing,
and
sale
of
homemade
food
(including
2
beverages)
without
obtaining
an
authorization
(permit,
3
license,
or
certification)
by
the
state
or
being
subject
to
4
state
inspection,
packaging,
or
labeling
requirements.
The
5
department
of
inspections
and
appeals
is
responsible
for
6
administering
the
bill’s
provisions.
7
The
bill
provides
that
a
sales
transaction
must
be
made
8
directly
between
a
producer
and
an
end
consumer
who
must
be
9
provided
notice
regarding
the
producer’s
exempt
status.
Any
10
preparation
or
processing
must
occur
in
a
home,
the
transaction
11
cannot
involve
interstate
commerce,
and
the
items
subject
to
12
the
transaction
cannot
include
meat
other
than
rabbit,
and
13
under
certain
conditions
poultry
or
fish.
The
transaction
must
14
occur
at
a
farmers
market,
a
farm,
a
producer’s
home
or
office,
15
or
another
location
agreed
to
by
the
producer
and
end
consumer.
16
The
bill
includes
special
restrictions
on
a
retail
space
where
17
the
item
is
sold
in
proximity
to
a
food
establishment
such
as
a
18
restaurant
or
grocery
store
subject
to
license
and
inspection
19
requirements.
20
The
bill
provides
exemptions
from
requirements
in
a
number
21
of
Code
chapters
that
would
otherwise
apply,
including
Code
22
chapters
137D
(home
bakeries),
137F
(food
establishments
and
23
food
processing
plants),
189
(general
food
regulations),
189A
24
(meat
and
poultry
inspection),
190
(adulteration
of
foods),
191
25
(labeling
of
foods),
192
and
194
(licensing
and
inspection
of
26
dairy
facilities),
and
196
(egg
handlers).
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