Bill Text: IA HF2510 | 2023-2024 | 90th General Assembly | Introduced

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Bill Title: A bill for an act relating to agriculture, by providing for the administration of programs and regulations, making appropriations, and including effective date provisions.(Formerly HSB 560; See HF 2641.)

Spectrum: Committee Bill

Status: (Introduced - Dead) 2024-04-10 - Withdrawn. H.J. 771. [HF2510 Detail]

Download: Iowa-2023-HF2510-Introduced.html

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House File 2510 - Introduced
HOUSE FILE 2510
BY COMMITTEE ON AGRICULTURE
(SUCCESSOR TO HSB 560)
(COMPANION TO SF 2209 BY
COMMITTEE ON AGRICULTURE)
A BILL FOR
An Act relating to agriculture, by providing for the
administration of programs and regulations, making
appropriations, and including effective date provisions.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
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DIVISION I
IOWA-FOALED HORSES
Section 1. Section 99D.22, subsection 2, paragraph b,
subparagraph (3), Code 2024, is amended to read as follows:
(3) (a) Continuous For a thoroughbred foal, continuous
residency from December 31 15 until the foal is inspected if
the mare was bred by other than an Iowa registered stallion and
is not bred back to an Iowa registered stallion.
(b) For a standardbred foal or quarter horse foal,
continuous residency from January 31 until the foal is
inspected if the mare was bred by other than an Iowa registered
stallion and is not bred back to an Iowa registered stallion.
DIVISION II
AGRICULTURAL MARKETING
PART A
CHOOSE IOWA PROMOTIONAL PROGRAM
Sec. 2. Section 159.26, Code 2024, is amended by striking
the section and inserting in lieu thereof the following:
159.26 Definitions.
As used in this part, unless the context otherwise requires:
1. “Agricultural commodity” means an animal or plant, or raw
material originating from an animal or plant.
2. “Component” means an agricultural commodity that is
combined to form a product during processing.
3. “Farm” means land and associated structures used to
produce an agricultural commodity.
4. “Food item” means an agricultural commodity, or an item
processed from an agricultural commodity, that is fit for human
consumption.
5. “Fund” means the choose Iowa program fund established in
section 159.31.
6. “Horticulture item” means any of the following:
a. A nursery, floral, or greenhouse plant.
b. A product processed from a nursery, floral, or greenhouse
plant, including a seed, rooting, cutting, tissue culture,
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seedling, or other propagation material.
7. “Natural fiber item” means fiber originating from
an agricultural commodity for use in processing, including
manufacturing into a textile, apparel, or other similar
product.
8. “Process” means to prepare a product that includes an
agricultural commodity alone or as a component.
9. a. “ Product” means an agricultural commodity that in its
raw or processed state is moveable at the time of its retail
sale.
b. “Product” includes but is not limited to a food item,
horticulture item, or natural fiber item.
10. “Program” means the choose Iowa promotional program
established in section 159.28.
Sec. 3. Section 159.28, Code 2024, is amended to read as
follows:
159.28 Choose Iowa promotional program.
1. The department shall establish and administer a choose
Iowa promotional program to advertise for retail sale on a
retail basis a food item that originates as an agricultural
commodity produced on an Iowa farm, and an Iowa product that
may include any of the following:
a. An agricultural commodity produced on an Iowa farm ,
except that it may be prepared for sale by washing or packaging
in this state.
b. A product, if it is An agricultural commodity processed
in this state and any of its ingredients , if its components
originate as an agricultural commodity produced on an Iowa
farm.
2. a. The department may adopt rules further defining an
Iowa farm , Iowa agricultural commodity, and Iowa product; and
describing how an Iowa agricultural commodity originates on an
Iowa farm.
b. The department may adopt rules providing for the
acceptable use of ingredients originating a component that
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originates from an agricultural commodities commodity not
produced on an Iowa farms farm . In adopting the rules, the
department may consider whether the ingredient component is
an incidental additive or other component that the department
determines is or insignificant part of an Iowa product .
Sec. 4. Section 159.29, subsections 1 and 5, Code 2024, are
amended to read as follows:
1. As part of the choose Iowa promotional program, the
department may establish a choose Iowa logo to identify a food
item originating as an agricultural commodity produced on an
Iowa farm an Iowa product .
5. The use of a choose Iowa logo does not do any of the
following:
a. Provide an express or implied guarantee or warranty
concerning the safety, fitness, merchantability, or use of a
food item product .
b. Supersede, revise, or replace a state or federal labeling
requirement, including but not limited to a provision in the
federal Fair Packaging and Labeling Act, 15 U.S.C. §1451 et
seq.
c. Indicate the grade, specification, standard, or value of
any food item agricultural commodity, component, or product .
Sec. 5. Section 159.31, subsection 1, Code 2024, is amended
to read as follows:
1. A choose Iowa promotional fund is established in
the state treasury under the management and control of the
department.
PART B
DAIRY INNOVATION
Sec. 6. Section 159.31A, subsection 3, paragraphs a and c,
Code 2024, are amended to read as follows:
a. Expand or refurbish existing milk plants or establish a
new milk plant, operating pursuant to a permit issued pursuant
to section 192.111 or 194.3A .
c. Rent buildings, refrigeration facilities, or freezer
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facilities, or acquire equipment , if necessary to expand dairy
processing capacity, including mobile dairy or refrigeration
units used exclusively for dairy processing.
Sec. 7. Section 159.31A, subsection 7, Code 2024, is amended
to read as follows:
7. A business that is awarded financial assistance under
this section may apply for financial assistance under other
programs administered by the authority department .
PART C
VALUE-ADDED AGRICULTURAL GRANT FUND AND PROGRAM
Sec. 8. NEW SECTION . 159.31C Value-added agricultural grant
program fund.
1. A value-added agricultural grant program fund is
established in the state treasury under the management and
control of the department.
2. The fund shall include moneys appropriated by the general
assembly and other moneys available to and obtained or accepted
by the department, including moneys from public or private
sources.
3. Moneys in the fund are appropriated to the department for
the purpose of supporting the value-added agricultural grant
program established in section 159.31D.
4. a. Notwithstanding section 12C.7, interest or earnings
on moneys in the fund shall be credited to the fund.
b. Notwithstanding section 8.33, moneys in the fund that
remain unencumbered or unobligated at the end of a fiscal year
shall not revert.
Sec. 9. NEW SECTION . 159.31D Value-added agricultural grant
program.
There is established a value-added agricultural grant
program to identify, evaluate, and support projects and
services that add value to agricultural commodities produced
on Iowa farms, including by supporting new technologies and
marketing strategies. The department shall adopt rules as
necessary to administer the program.
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DIVISION III
COMMERCIAL ESTABLISHMENTS
Sec. 10. Section 162.2, subsection 8, Code 2024, is amended
to read as follows:
8. “Commercial breeder” means a person, engaged in the
business of breeding dogs or cats, who sells, exchanges, or
leases dogs or cats in return for consideration, or who offers
to do so, whether or not the animals are raised, trained,
groomed, or boarded by the person. A person who owns or
harbors three or fewer breeding males or females is not a
commercial breeder. However, a person who breeds any number
of breeding male or female greyhounds for the purposes of
using them for pari-mutuel wagering at a racetrack as provided
in chapter 99D shall be considered a commercial breeder
irrespective of whether the person sells, leases, or exchanges
the greyhounds for consideration or offers to do so.
Sec. 11. Section 162.2B, subsection 1, paragraph b, Code
2024, is amended to read as follows:
b. For the issuance or renewal of a state license or permit,
one hundred seventy-five dollars. However, a commercial
breeder who owns, keeps, breeds, or transports a greyhound dog
for pari-mutuel wagering at a racetrack as provided in chapter
99D shall pay a different fee for the issuance or renewal of a
state license as provided in rules adopted by the department.
Sec. 12. Section 162.10A, subsection 2, Code 2024, is
amended to read as follows:
2. a. Except as provided in paragraph “b” or “c” , a
commercial establishment shall comply with rules that the
department adopts to implement subsection 1 . A commercial
establishment shall be regulated under this paragraph “a”
unless the person is a state licensee as provided in paragraph
“b” or a permittee as provided in paragraph “c” “b” .
b. A state licensee who is a commercial breeder owning,
breeding, transporting, or keeping a greyhound dog for
pari-mutuel wagering at a racetrack as provided in chapter 99D
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may be required to comply with different rules adopted by the
department.
c. b. A permittee is not required to comply with rules
that the department adopts to implement a standard of care as
provided in subsection 1 for state licensees and registrants.
The department may adopt rules regulating a standard of care
for a permittee, so long as the rules are not more restrictive
than required for a permittee under the Animal Welfare Act.
However, the department may adopt prescriptive rules relating
to the standard of care. Regardless of whether the department
adopts such rules, a permittee meets the standard of care
required in subsection 1 if it voluntarily complies with rules
applicable to state licensees or registrants. A finding by
the United States department of agriculture that a permittee
complies with the Animal Welfare Act is not conclusive when
determining that the permittee provides a standard of care
required in subsection 1 .
Sec. 13. Section 717B.3, subsection 2, paragraph a,
subparagraph (2), subparagraph divisions (a) and (b), Code
2024, are amended to read as follows:
(a) A state licensee or registrant operating pursuant to
section 162.10A, subsection 2 , paragraph “a” or “b” .
(b) A permittee operating pursuant to section 162.10A,
subsection 2 , paragraph “c” “b” .
DIVISION IV
GRADE “A” MILK
Sec. 14. Section 192.101A, Code 2024, is amended by adding
the following new subsections:
NEW SUBSECTION . 1A. “Department” means the department of
agriculture and land stewardship.
NEW SUBSECTION . 5. “Secretary” means the secretary of
agriculture.
Sec. 15. Section 192.109, Code 2024, is amended to read as
follows:
192.109 Certification of grade “A” label.
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The department of agriculture and land stewardship shall
annually biennially conduct a survey and based on that survey
certify all milk labeled grade “A” pasteurized and grade “A”
raw milk for pasteurization , and, in . In the event that a
survey shows the requirements for production, processing, and
distribution for such grade are not being complied with, the
that fact thereof shall be certified by the department to the
secretary of agriculture who shall proceed with the provisions
of section 192.107 for suspending the permit of the violator or
who, if the secretary did not issue such permit, shall withdraw
the grade “A” declared on the label.
Sec. 16. Section 192.111, subsection 1, paragraph a,
subparagraph (5), Code 2024, is amended to read as follows:
(5) A milk grader which must obtain a milk grader permit and
pay a license permit fee not greater than twenty dollars.
Sec. 17. Section 192.116, Code 2024, is amended to read as
follows:
192.116 Bacteriologists.
The department of agriculture and land stewardship may
employ dairy specialists or bacteriologists who shall devote
their full time to the improvement of sanitation in the
production, processing , and marketing of dairy products.
Said The dairy specialists and bacteriologists shall have
qualifications as to education and experience and such other
requirements as the secretary may require.
Sec. 18. Section 192.118, subsection 1, Code 2024, is
amended to read as follows:
1. To ensure uniformity in the tests and reporting, an
employee certified by the United States public health service
of the bacteriological laboratory of the department shall
annually certify, in accordance with rules adopted by the
department incorporating or incorporating by reference the
federal publication entitled “Evaluation of Milk Laboratories”,
all laboratories doing work in the sanitary quality of
milk and dairy products for public report. The approval by
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the department shall be based on the evaluation of these
laboratories as to personnel training, laboratory methods
used, and reporting. The results on tests made by approved
laboratories shall be reported to the department on request,
on forms prescribed by the secretary of agriculture , and such
reports may be used by the department.
DIVISION V
FERTILIZERS AND SOIL CONDITIONERS
Sec. 19. Section 200.3, subsection 29, Code 2024, is amended
to read as follows:
29. The term “unmanipulated manures” means any substances
composed primarily of excreta, plant remains, or mixtures of
such substances which have not been processed in any manner
other than dewatering .
Sec. 20. EFFECTIVE DATE. This division of this Act, being
deemed of immediate importance, takes effect upon enactment.
EXPLANATION
The inclusion of this explanation does not constitute agreement with
the explanation’s substance by the members of the general assembly.
GENERAL. This bill provides for the administration of
a number of programs and regulations by the department of
agriculture and land stewardship (DALS). Specifically,
the bill addresses the promotion of the native horse racing
industry by providing for the qualification of Iowa-foaled
horse breeds; agricultural marketing, by revising a number of
existing programs such as the choose Iowa promotional program
and choose Iowa fund, the dairy innovation program and fund,
and the value-added agricultural grant program and fund; the
regulation of commercial establishments that keep certain
nonagricultural animals for commercial purposes, by eliminating
special requirements related to greyhound racing; and the
regulation of permittees authorized to engage in the handling
of grade “A” milk and related dairy products.
IOWA-FOALED HORSES. DALS regulates the status and care
of race horses involved in pari-mutual wagering conducted
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by persons licensed by the racing and gaming commission to
operate racetracks and manage associated purses. There are
three breeds of horses involved in such racing, including
thoroughbred horses, quarter horses, and standardbred horses.
For at least one race of each racing day, either a race must
be limited to Iowa-foaled horses or alternatively Iowa-foaled
horses must be given a weight advantage (Code section 99D.22).
At least 20 percent of all net purse moneys distributed to
each breed must be awarded in the form of Iowa breeder awards
or purse supplements to Iowa breeders. One criteria used to
determine a foal’s status as Iowa bred occurs in cases in which
the foal’s brood mare was bred by a stallion not recognized
by DALS as an Iowa registered stallion and was not bred back
to an Iowa registered stallion. In that case, the brood mare
must have continuous Iowa residency from December 31 until the
foal is inspected. The bill provides that for thoroughbred
horses that beginning date is moved back to December 15, and
for quarter horses and standardbred horses that beginning date
is moved forward to January 31.
AGRICULTURAL MARKETING —— CHOOSE IOWA PROMOTIONAL PROGRAM
AND CHOOSE IOWA PROMOTIONAL FUND. In 2022, the general
assembly established the choose Iowa promotional program
(choose Iowa program) and choose Iowa fund administered by
DALS (2022 Iowa Acts, chapter 1152). The stated purpose of
the choose Iowa program and fund is to provide consumers a
choice to purchase a food item originating as an agricultural
commodity (commodity) produced on an Iowa farm or a food
item processed in Iowa using the commodity as an ingredient
(Code sections 159.26 through 159.31). As part of the choose
Iowa program, DALS may establish a choose Iowa logo (logo)
and register the logo for legal protection with the state or
the United States (e.g., by trademark or copyright). DALS
may also enter into a licensing agreement with a person who
applies to use the logo when selling a food item on a retail
basis. A choose Iowa fund was established to finance the
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program. The fund includes fees paid by licensees and any
moneys appropriated by the general assembly. The bill uses
the term “product” to describe both raw and processed items
(i.e., moveable goods) that may be sold at retail using the
logo. It expands the program to include horticulture items (a
nursery, floral, or greenhouse plant) and natural fiber items
(e.g., wool). In all cases, the product must be a commodity
produced on an Iowa farm, a commodity produced on an Iowa farm
and processed in this state, or a commodity produced on an Iowa
farm and used as a component in a product processed in this
state. The bill changes the fund’s name to the choose Iowa
promotional fund.
AGRICULTURAL MARKETING —— DAIRY FUND’S INNOVATION FUND
AND PROGRAM. In 2023, the general assembly created a dairy
innovation fund (dairy fund) and program (dairy program)
(2023 Iowa Acts, chapter 101). The purpose of the dairy fund
and dairy program is to expand dairy processing capacity in
the state (Code section 159.31A). The dairy fund is used
to support financing eligible businesses participating in
the program in the form of grants, low-interest loans, or
forgivable loans. DALS is specifically required to finance
the expansion or refurbishing of existing milk plants or the
construction of new milk plants that process and package raw
milk into various milk and dairy products. Code chapter
192 regulates the production, processing, labeling, and
distribution (handling) of grade “A” milk and grade “A” milk
products according to sanitary requirements (Code section
192.102). Under the program, in order to receive financing,
a milk plant must be operated under a permit issued by DALS
pursuant to Code section 192.111. The bill provides that the
milk plant may also operate under a permit issued pursuant to
Code section 194.3A. Code chapter 194 governs the production,
delivery, and processing of the less common grade “B” milk
allowed for use in manufacturing dairy products. The bill also
provides that the financing may be used for the acquisition
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and not just renting of dairy processing equipment. Finally,
the bill substitutes the term “department” for “authority”
in a provision that allows an eligible business receiving
financial assistance under the program to receive assistance
under another program.
AGRICULTURAL MARKETING —— VALUE-ADDED AGRICULTURAL GRANT
FUND AND PROGRAM. The bill establishes the value-added
agricultural grant program fund (value-added fund) and
value-added agricultural grant program (value-added program)
(new Code sections 159.31C and 159.31D). The value-added
fund is administered by DALS and includes moneys appropriated
by the general assembly, and other moneys available to DALS,
to support the value-added program. The purpose of the
value-added program is to support projects and services that
add value to agricultural commodities produced on Iowa farms
(e.g., by processing). The program has been enacted and
supported in recent DALS general appropriations Acts but not
codified (see 2021 Iowa Acts, chapter 143, section 12; 2022
Iowa Acts, chapter 1147, section 12; and 2023 Iowa Acts,
chapter 109, section 4).
REGULATION OF COMMERCIAL ESTABLISHMENTS. DALS regulates
commercial establishments that keep certain nonagricultural
animals for commercial purposes on a nonprofit or profit
basis, including an animal shelter, pound, or research
facility issued a certificate of registration (Code sections
162.3, 162.4, and 162.4A); a pet shop, boarding kennel, or
commercial kennel issued a state license (Code sections 162.5,
162.5A, and 162.6); or a dealer, commercial breeder, or public
auction who may elect to be either issued a state license or
a permit. A permit is issued if the person is licensed under
the federal Animal Welfare Act (7 U.S.C. ch. 54) by the United
States department of agriculture (Code sections 162.7, 162.8,
and 162.9A). Code chapter 162 provides special regulations
applicable to a greyhound dog if used for pari-mutuel wagering
at a licensed racetrack (racing greyhound) (Code chapter 99D).
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The bill eliminates those special provisions. Currently, a
person is regulated as a commercial breeder and is subject to
license or permit requirements if the person breeds dogs or
cats in exchange for payment with an exception that applies
to a person who keeps three or fewer breeding greyhounds.
The exception does not apply to a person who breeds racing
greyhounds (Code section 162.2). A person applying for a
state license or permit is required to pay DALS $175 with
an exception for a person who keeps racing greyhounds (Code
section 162.2B). A person who keeps greyhounds must be issued
a state license and is subject to a fee established by DALS
rule which is currently $40 (21 IAC 67.17). A commercial
establishment is required to comply with standard of care
requirements including providing a kept animal with adequate
feed, adequate water, housing facilities, sanitary control,
grooming practices, and veterinary care as required by DALS
rule (Code section 162.10A). A state licensee who is a
commercial breeder keeping a racing greyhound may be required
to comply with different rules adopted by the department.
GRADE “A” MILK REGULATION. Iowa has adopted by reference
the model “Grade ‘A’ Pasteurized Milk Ordinance” as part of
its “Iowa Grade ‘A’ Milk Inspection Law” (Code chapter 192).
The bill makes several editorial changes to improve the Code’s
readability, including by defining the terms “department”
as the department of agriculture and land stewardship and
“secretary” as the secretary of agriculture, and using those
terms consistently throughout the Code chapter. In order to
handle raw milk for pasteurization and processing, a person
must be issued a permit by DALS (Code section 192.107; 21
IAC 68.2). Each year, DALS is required to conduct a survey
of permittees to verify that the milk they handle meets
requirements to be labeled grade “A” for pasteurization. The
bill provides that the survey is to be conducted every other
year. DALS may suspend or revoke a permit for a person who does
not comply with the sanitary requirements.
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UNMANIPULATED MANURES. The bill amends a provision in Code
chapter 200, which provides for the regulation of the sale
of fertilizers and soil conditioners by DALS. Specifically,
the bill amends the defined term “unmanipulated manures” which
means any substances composed of excreta or plant remains
that have not been processed. The bill provides that the
term includes such substances processed by dewatering. This
provision takes effect upon enactment.
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