Bill Text: IA HF2408 | 2017-2018 | 87th General Assembly | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: A bill for an act regulating the sale of eggs by grocery stores participating in a federal program. (Formerly HSB 623.) Effective 7-1-18.

Spectrum: Partisan Bill (? 1-0)

Status: (Passed) 2018-03-21 - Signed by Governor. H.J. 653. [HF2408 Detail]

Download: Iowa-2017-HF2408-Introduced.html

House File 2408 - Introduced




                                 HOUSE FILE       
                                 BY  COMMITTEE ON
                                     AGRICULTURE

                                 (SUCCESSOR TO HSB 623)

                                      A BILL FOR

  1 An Act regulating the sale of eggs by grocery stores
  2    participating in a federal program.
  3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
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PAG LIN



  1  1    Section 1.  NEW SECTION.  135.16A  Vendors participating in
  1  2 federal programs ==== egg sales.
  1  3    1.  As used in this section, unless the context otherwise
  1  4 requires:
  1  5    a.  "Conventional eggs" means eggs others than specialty
  1  6 eggs.
  1  7    b.  "Eggs" means shell eggs that are graded as "AA", "A", or
  1  8 "B" pursuant to 7 C.F.R. pt. 56, subpt. A, and that are sold at
  1  9 retail in commercial markets.
  1 10    c.  "Federal food program" means the special supplemental
  1 11 food program for women, infants, and children as provided in
  1 12 42 U.S.C. {1786, et seq.
  1 13    d.  "Grocery store" means a food establishment as defined
  1 14 in section 137F.1 licensed by the department of inspections
  1 15 and appeals pursuant to section 137F.4, to sell food or food
  1 16 products to customers intended for preparation or consumption
  1 17 off premises.
  1 18    e.  "Specialty eggs" means eggs produced by domesticated
  1 19 chickens, and sold at retail in commercial markets if the
  1 20 chickens producing such eggs are advertised as being housed in
  1 21 any of the following environments:
  1 22    (1)  Cage=free.
  1 23    (2)  Free=range.
  1 24    (3)  Enriched colony cage.
  1 25    2.  a.  The department of inspections and appeals shall
  1 26 assist the Iowa department of public health in adopting rules
  1 27 necessary to implement and administer this section.
  1 28    b.  If necessary to implement, administer, and enforce this
  1 29 section, the Iowa department of public health, in cooperation
  1 30 with the department of agriculture and land stewardship, shall
  1 31 submit a request to the United States department of agriculture
  1 32 for a waiver or other exception from regulations as deemed
  1 33 feasible by the Iowa department of public health.  The Iowa
  1 34 department of public health shall regularly report the status
  1 35 of such request to the legislative services agency.
  2  1    3.  A grocery store that is a vendor participating in a
  2  2 federal food program and offering specialty eggs for retail
  2  3 sale shall maintain an inventory of conventional eggs for
  2  4 retail sale sufficient to meet federal and state requirements
  2  5 for participation in the federal food program.
  2  6    4.  This section does not require a grocery store to do any
  2  7 of the following:
  2  8    a.  Stock or sell specialty eggs.
  2  9    b.  Stock or sell eggs, if the grocery store elects not to
  2 10 stock or sell conventional eggs for retail sale as part of its
  2 11 normal business.
  2 12    c.  Comply with the provisions of this section, if the
  2 13 grocery store's inventory of eggs for retail sale was limited
  2 14 to specialty eggs prior to January 1, 2018.
  2 15    5.    A violation of subsection 3 by a grocery store
  2 16 shall not be construed to disqualify a grocery store from
  2 17 participating in a federal food program unless otherwise
  2 18 authorized by the United States department of agriculture.
  2 19                           EXPLANATION
  2 20 The inclusion of this explanation does not constitute agreement with
  2 21 the explanation's substance by the members of the general assembly.
  2 22    GENERAL.  This bill applies to a grocery store that
  2 23 participates as a vendor in the special supplemental food
  2 24 program for women, infants, and children (WIC).  Under the
  2 25 bill's provisions, if a grocery store carries an inventory of
  2 26 specialty eggs for retail sale it must also carry an inventory
  2 27 of conventional eggs (shell eggs that are not considered
  2 28 specialty eggs) for sale.  Under the bill, specialty eggs are
  2 29 described as having been produced by chickens advertised as
  2 30 having been housed in a cage=free, free=range, or enriched
  2 31 colony cage environment.
  2 32    ADMINISTRATIVE RESPONSIBILITIES.  WIC is administered by the
  2 33 United States department of agriculture (USDA) in conjunction
  2 34 with the Iowa department of public health (department).
  2 35 Generally, standards for the commercial production and
  3  1 marketing of eggs (by egg=laying hens) are established by
  3  2 several federal agencies including the USDA (21 U.S.C. {1031 et
  3  3 seq.).  The bill requires the department of public health to
  3  4 implement, administer, and enforce its provisions, including
  3  5 by: (1) adopting rules in consultation with the department of
  3  6 inspections and appeals, and (2) applying for a waiver from the
  3  7 USDA in cooperation with the department of agriculture and land
  3  8 stewardship if needed.
  3  9    EXCEPTIONS.  The bill's provisions do not require a grocery
  3 10 store to: (1) stock eggs if it does not stock specialty eggs
  3 11 for sale or (2) stock conventionally produced eggs for sale if
  3 12 it had not stocked such eggs for sale prior to January 1, 2018.
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