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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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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