House File 2408 - Enrolled




                              HOUSE FILE       
                              BY  COMMITTEE ON
                                  AGRICULTURE

                              (SUCCESSOR TO HSB 623)
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                                   A BILL FOR
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                                        House File 2408

                             AN ACT
 REGULATING THE SALE OF EGGS BY GROCERY STORES
    PARTICIPATING IN A FEDERAL PROGRAM.

 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
    Section 1.  NEW SECTION.  135.16A  Vendors participating in
 federal programs ==== egg sales.
    1.  As used in this section, unless the context otherwise
 requires:
    a.  "Conventional eggs" means eggs others than specialty
 eggs.
    b.  "Eggs" means shell eggs that are graded as "AA", "A", or
 "B" pursuant to 7 C.F.R. pt. 56, subpt. A, and that are sold at
 retail in commercial markets.
    c.  "Federal food program" means the special supplemental
 food program for women, infants, and children as provided in
 42 U.S.C. {1786, et seq.
    d.  "Grocery store" means a food establishment as defined
  in section 137F.1 licensed by the department of inspections
 and appeals pursuant to section 137F.4, to sell food or food
 products to customers intended for preparation or consumption
 off premises.
    e.  "Specialty eggs" means eggs produced by domesticated
 chickens, and sold at retail in commercial markets if the
 chickens producing such eggs are advertised as being housed in
 any of the following environments:
    (1)  Cage=free.
    (2)  Free=range.
    (3)  Enriched colony cage.
    2.  a.  The department of inspections and appeals shall
 assist the Iowa department of public health in adopting rules
 necessary to implement and administer this section.
    b.  If necessary to implement, administer, and enforce this
 section, the Iowa department of public health, in cooperation
 with the department of agriculture and land stewardship, shall
 submit a request to the United States department of agriculture
 for a waiver or other exception from regulations as deemed
 feasible by the Iowa department of public health.  The Iowa
 department of public health shall regularly report the status
 of such request to the legislative services agency.
    3.  A grocery store that is a vendor participating in a
 federal food program and offering specialty eggs for retail
 sale shall maintain an inventory of conventional eggs for
 retail sale sufficient to meet federal and state requirements
 for participation in the federal food program.
    4.  This section does not require a grocery store to do any
 of the following:
    a.  Stock or sell specialty eggs.
    b.  Stock or sell eggs, if the grocery store elects not to
 stock or sell conventional eggs for retail sale as part of its
 normal business.
    c.  Comply with the provisions of this section, if the
 grocery store's inventory of eggs for retail sale was limited
 to specialty eggs prior to January 1, 2018.
    5.  A violation of subsection 3 by a grocery store shall not
 be construed to disqualify a grocery store from participating
 in a federal food program unless otherwise authorized by the
 United States department of agriculture.


                                                             
                               LINDA UPMEYER
                               Speaker of the House


                                                             
                               JACK WHITVER
                               President of the Senate
    I hereby certify that this bill originated in the House and
 is known as House File 2408, Eighty=seventh General Assembly.


                                                             
                               CARMINE BOAL
                               Chief Clerk of the House
 Approved                , 2018


                                                             
                               KIM REYNOLDS
                               Governor

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