Bill Text: IA HF262 | 2015-2016 | 86th General Assembly | Introduced
Bill Title: A bill for an act prohibiting the slaughter and use of equines as food products to be used for human consumption, providing for penalties, and including effective date provisions.
Sponsorship: Partisan Bill (Democrat 1)
Status: (Introduced - Dead) 2015-02-16 - Introduced, referred to Agriculture. H.J. 319. [HF262 Detail]
Download: Iowa-2015-HF262-Introduced.html
House File 262 - Introduced HOUSE FILE BY STAED A BILL FOR 1 An Act prohibiting the slaughter and use of equines as food 2 products to be used for human consumption, providing for 3 penalties, and including effective date provisions. 4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: TLSB 2313HH (1) 86 da/rj PAG LIN 1 1 Section 1. Section 189A.2, Code 2015, is amended by adding 1 2 the following new subsection: 1 3 NEW SUBSECTION. 5A. "Equine" means the same as defined in 1 4 section 189B.1. 1 5 Sec. 2. Section 189A.2, subsections 14 and 16, Code 2015, 1 6 are amended to read as follows: 1 7 14. a. "Livestock" means a live or dead animal which is 1 8 limited to cattle, sheep, swine, goats, or farm deer, or which 1 9 is classified as an equine including a horse or mule. 1 10 b. "Livestock" does not include an equine. 1 11 16. a. "Meat food product" means any product capable of use 1 12 as human food which is made wholly or in part from any meat or 1 13 other portion of the carcass of any cattle, sheep, swine, or 1 14 goats, excepting products which contain meat or other portions 1 15 of such carcasses only in a relatively small proportion 1 16 or historically have not been considered by consumers as 1 17 products of the meat food industry, and which are exempted 1 18 from definition as a meat food product by the secretary under 1 19 such conditions as the secretary may prescribe to assure that 1 20 the meat or other portions of such carcass contained in such 1 21 product are not adulterated and that such products are not 1 22 represented as meat food products.This term1 23 b. "Meat food product" as applied to food products of 1 24equines orfarm deer shall have a meaning comparable to that 1 25 provided inthisparagraph "a" with respect to cattle, sheep, 1 26 swine, and goats. 1 27 c. "Meat food product" does not include any part of an 1 28 equine. 1 29 Sec. 3. Section 189A.7, subsection 6, Code 2015, is amended 1 30 by striking the subsection. 1 31 Sec. 4. Section 189A.8, subsection 1, Code 2015, is amended 1 32 by striking the subsection. 1 33 Sec. 5. NEW SECTION. 189B.1 Definitions. 1 34 1. "Equine" means an animal which is a member of the 1 35 taxonomic family equidae, and includes donkeys, horses, and 2 1 mules. 2 2 2. a. "Equine food product" means any item derived from an 2 3 equine that may be used for human consumption, including but 2 4 not limited to muscle tissue, fat, internal organs, entrails, 2 5 blood, soft tissue, and bone marrow. 2 6 b. "Food product" includes an item that is in a consumable 2 7 state or that is to be made into a consumable state after being 2 8 further processed. 2 9 3. "Local authority" means the same as defined in section 2 10 717B.1. 2 11 4. "Slaughter" means to kill an equine for purposes of 2 12 obtaining an equine food product. 2 13 Sec. 6. NEW SECTION. 189B.2 Application. 2 14 Nothing in this chapter shall be construed to authorize a 2 15 criminal prosecution or civil action to be commenced against a 2 16 person who purchases an equine food product for their personal 2 17 consumption. 2 18 Sec. 7. NEW SECTION. 189B.3 Local authorities. 2 19 A local authority, in cooperation with the attorney general, 2 20 shall administer and enforce the provisions of this chapter. 2 21 Sec. 8. NEW SECTION. 189B.4 Wrongful conversion of an 2 22 equine ==== criminal penalty. 2 23 1. A person commits the offense of wrongful conversion of an 2 24 equine by doing any of the following: 2 25 a. Slaughtering an equine for purposes of obtaining an 2 26 equine food product, if the person knows that the equine food 2 27 product is to be used for human consumption. 2 28 b. Possessing an equine for sale, offer for sale, or 2 29 exhibition, if the person knows the equine will be slaughtered 2 30 and that an equine food product obtained from the slaughtered 2 31 equine is to be used for human consumption. 2 32 c. Transporting, or being a party to an arrangement 2 33 involving the transportation of, an equine, if the person 2 34 knows that the equine is to be slaughtered for purposes of 2 35 obtaining an equine food product that is to be used for human 3 1 consumption. 3 2 2. A person committing wrongful conversion of an equine is 3 3 guilty of an aggravated misdemeanor. 3 4 Sec. 9. NEW SECTION. 189B.5 Trafficking in equine food 3 5 products ==== criminal penalty. 3 6 1. A person commits the offense of trafficking in equine 3 7 food products by doing any of the following: 3 8 a. Storing or transporting a food product derived from a 3 9 slaughtered equine, if the person knows that the food product 3 10 is derived from a slaughtered equine and the food product is to 3 11 be used for human consumption. 3 12 b. Being a party to an arrangement involving the storage 3 13 or transportation of a food product derived from a slaughtered 3 14 equine, if the person knows that the food product is derived 3 15 from a slaughtered equine and the food product is to be used 3 16 for human consumption. 3 17 2. A person committing the offense of trafficking in equine 3 18 food products is guilty of an aggravated misdemeanor. 3 19 Sec. 10. NEW SECTION. 189B.6 Confiscation and disposition 3 20 of equines. 3 21 1. A local authority may confiscate an equine that is 3 22 subject to wrongful conversion pursuant to section 189B.4. 3 23 An equine so confiscated shall be considered neglected under 3 24 section 717.2, may be rescued as provided in section 717.2A, 3 25 and may be subject to disposition as provided in section 717.5. 3 26 2. An equine subject to wrongful conversion pursuant to 3 27 section 189B.4 that is not confiscated under subsection 1 3 28 shall be forfeited to the state and subject to disposition 3 29 as ordered by the court. In addition, the court shall order 3 30 the person with an ownership interest in the equine to pay an 3 31 amount which shall not be more than the expenses incurred in 3 32 maintaining or disposing of the equine. The court may also 3 33 order that the person pay reasonable attorney fees and expenses 3 34 related to the investigation of the case that shall be taxed 3 35 as other court costs. If more than one person has a divisible 4 1 ownership interest in the equine, the amount required to be 4 2 paid shall be prorated based on the percentage of interest in 4 3 the equine owned by each person. The moneys shall be paid to 4 4 the local authority incurring the expense. The amount shall be 4 5 subtracted from proceeds which are received from any sale of 4 6 the animal ordered by the court. 4 7 Sec. 11. EFFECTIVE UPON ENACTMENT. This Act, being deemed 4 8 of immediate importance, takes effect upon enactment. 4 9 EXPLANATION 4 10 The inclusion of this explanation does not constitute agreement with 4 11 the explanation's substance by the members of the general assembly. 4 12 GENERAL. This bill prohibits the slaughter of equines, 4 13 including by amending Iowa's "Meat and Poultry Inspection Act" 4 14 (Code chapter 189A) and creating a new chapter (Code chapter 4 15 189B). The bill defines the term "equine" to mean a member of 4 16 the taxonomic family equidae, and includes donkeys, horses, and 4 17 mules. 4 18 EXISTING CODE CHAPTER ==== IOWA'S "MEAT AND POULTRY INSPECTION 4 19 ACT". The bill amends the definition of livestock subject 4 20 to slaughter at an establishment regulated by the department 4 21 of agriculture and land stewardship, by providing that an 4 22 equine is not livestock and is not part of a meat food product 4 23 (Code section 189A.2). It also eliminates a provision which 4 24 authorizes the transportation and sale of an equine carcass 4 25 (Code section 189A.8). 4 26 NEW CODE CHAPTER ==== CRIMINAL OFFENSES. The bill provides 4 27 for two related offenses: wrongful conversion of an equine 4 28 and trafficking in equine food products. The first offense is 4 29 committed when a person slaughters an equine, sells or exhibits 4 30 an equine, or transports an equine knowing that the equine is 4 31 to be slaughtered for purposes of obtaining a food product and 4 32 that food product will be used for human consumption. The 4 33 second offense is committed by a person storing or transporting 4 34 a food product derived from a slaughtered equine, or being a 4 35 party to an arrangement involving the storage or transportation 5 1 of a food product derived from a slaughtered equine. The 5 2 person must know that the food product is to be used for human 5 3 consumption. 5 4 CRIMINAL PENALTIES. A person who violates Iowa's meat and 5 5 poultry inspection Act is guilty of a simple misdemeanor (Code 5 6 section 189A.17). A person who commits the new offense of 5 7 wrongful slaughter of an equine or trafficking in equine food 5 8 products is guilty of an aggravated misdemeanor. A simple 5 9 misdemeanor is punishable by confinement for not more than 30 5 10 days or a fine of at least $65 but not more than $625 or by 5 11 both. An aggravated misdemeanor is punishable by confinement 5 12 for no more than two years and a fine of at least $625 but not 5 13 more than $6,250. 5 14 CONFISCATION AND DISPOSITION OF EQUINES. A local authority 5 15 such as a county may confiscate (rescue) an equine involved in 5 16 a wrongful conversion in the same manner as neglected livestock 5 17 under Code chapter 717. A court must order the disposition 5 18 upon a petition filed by a local authority. The order may 5 19 include provisions for the payment of expenses incurred by 5 20 a person maintaining the livestock. An equine that is not 5 21 confiscated and disposed of as neglected must be forfeited to 5 22 the state and subject to disposition as ordered by the court. 5 23 A court must order that a person who owns the equine pay for 5 24 expenses incurred in maintaining or disposing of the equine. 5 25 The court may also order that the person pay reasonable 5 26 attorney fees and expenses related to the investigation of the 5 27 case. 5 28 EFFECTIVE DATE. The bill takes effect upon enactment. LSB 2313HH (1) 86 da/rj
