Bill Text: IA SF194 | 2013-2014 | 85th General Assembly | Introduced

Bill Title: A bill for an act requiring consumer labeling information for food, providing penalties, and including effective date provisions.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2013-12-31 - END OF 2013 ACTIONS [SF194 Detail]

Download: Iowa-2013-SF194-Introduced.html
Senate File 194 - Introduced SENATE FILE 194 BY BOLKCOM A BILL FOR An Act requiring consumer labeling information for food, 1 providing penalties, and including effective date 2 provisions. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 4 TLSB 1460XS (5) 85 da/nh
S.F. 194 Section 1. NEW SECTION . 189B.1 Short title. 1 This chapter shall be known and may be cited as the “Consumer 2 Labeling Information for Food Act” . 3 Sec. 2. NEW SECTION . 189B.2 Purpose. 4 The purpose of this chapter is to allow Iowans greater 5 access to information about the food they and their families 6 consume, recognizing that such information is indispensable to 7 the exercise of informed consumer choice in a free and open 8 marketplace. 9 Sec. 3. NEW SECTION . 189B.3 Definitions. 10 As used in this chapter, unless the context otherwise 11 requires: 12 1. “Department” means the department of agriculture and land 13 stewardship. 14 2. “Food item” means any raw, cooked, or processed edible 15 substance used or intended for use or sale in whole or in part 16 for human consumption. 17 3. “Genetic engineering” means the process of producing an 18 organism in which genetic material has been changed through the 19 application of any of the following: 20 a. An in vitro nucleic acid technique, which includes 21 but is not limited to recombinant deoxyribonucleic acid, 22 direct injection of nucleic acid into cells or organelles, 23 encapsulation, gene deletion, and doubling. 24 b. A method of fusing cells beyond the taxonomic family that 25 overcomes natural physiological reproductive or recombinant 26 barriers, and that does not utilize techniques used in 27 traditional breeding and selection such as conjugation, 28 transduction, or hybridization. 29 4. “Grocery store” means a food establishment licensed 30 pursuant to section 137F.6 which operates as a business selling 31 food items to the public for off-premises preparation or 32 consumption. 33 Sec. 4. NEW SECTION . 189B.4 Labeling standards. 34 1. A person manufacturing a packaged food item that the 35 -1- LSB 1460XS (5) 85 da/nh 1/ 4
S.F. 194 person offers for sale to a grocery store shall disclose 1 whether the food item was or may have been subjected to genetic 2 engineering when produced. 3 2. The disclosure required in subsection 1 shall be printed 4 on a label. To every extent possible, the label shall be 5 placed in a clear and conspicuous manner on or in proximity 6 to the food item. The label for a packaged food item shall 7 resemble a label listing food ingredients required for that 8 food item or comparable food item pursuant to 21 C.F.R. pt. 9 101. 10 Sec. 5. NEW SECTION . 189B.5 Exceptions —— presumption. 11 1. This chapter does not apply to any of the following: 12 a. A person who is a small business as defined in section 13 15.102. 14 b. Meat, fish, or poultry only because it originated from an 15 animal which consumed genetically engineered feed. 16 c. An alcoholic beverage as defined in section 123.3. 17 2. A food item is presumed exempt from the requirements of 18 section 189B.4 if the food item is any of the following: 19 a. Labeled organic pursuant to chapter 190C. 20 b. Certified by a third party as not produced using 21 genetically engineered products, as provided by rules adopted 22 by the department. 23 Sec. 6. NEW SECTION . 189B.6 Rules. 24 The department shall adopt rules as necessary to implement 25 and enforce this chapter. The department may adopt rules 26 establishing labeling standards for specific food items, or a 27 category of food items, that differ from the labeling standards 28 provided in section 189B.4 as long as such standards provide 29 reasonable notice to the consumer of the information required 30 to be disclosed pursuant to that section. 31 Sec. 7. NEW SECTION . 189B.7 Penalties. 32 A person manufacturing a packaged food item who fails to 33 comply with the labeling standards in section 189B.4 is subject 34 to a civil penalty of not more than one hundred dollars for 35 -2- LSB 1460XS (5) 85 da/nh 2/ 4
S.F. 194 each packaged food item that is unlabeled and ultimately sold 1 or offered for sale at a grocery store in this state. However, 2 the person shall not be subject to a civil penalty of more 3 than ten thousand dollars for the sale or offer for sale of a 4 single manufactured lot of packaged food items if the person 5 did not know that the packaged food items were subjected to 6 genetic engineering or the failure to comply with the labeling 7 standards was due to a malfunction of the manufacturing process 8 or inadvertence. 9 Sec. 8. EFFECTIVE DATE. This Act takes effect five hundred 10 and forty days after approved by the governor. 11 EXPLANATION 12 This bill requires food items to be labeled with information 13 that identifies the food items as genetically engineered. The 14 department of agriculture and land stewardship is responsible 15 for administering and enforcing the bill’s provisions. A 16 person manufacturing a packaged food item for sale to a grocery 17 store must disclose whether it was or may have been subjected 18 to genetic engineering when produced. The disclosure must 19 appear on a printed label. The label on a package must be based 20 on federal ingredient labeling standards. The bill creates an 21 exception for a small business which has either fewer than 20 22 employees or an annual gross income of less than $4 million. 23 Certain food items are exempted, including meat, fish, 24 or poultry that was fed with genetically engineered feed 25 and alcoholic beverages. Certain food items are presumed 26 not to have been genetically engineered including foods 27 labeled organic or certified by a third party. A person 28 manufacturing a packaged food item who fails to comply with 29 the labeling standards, is subject to civil penalties. The 30 civil penalty equals $100 per food item that is not labeled in 31 compliance with the bill’s provisions. However, under certain 32 circumstances a manufacturer’s civil penalty is capped at 33 $10,000 for the sale or offer for sale of a single manufactured 34 lot of packaged food items. 35 -3- LSB 1460XS (5) 85 da/nh 3/ 4
S.F. 194 The bill takes effect 540 days after approval by the 1 governor. 2 -4- LSB 1460XS (5) 85 da/nh 4/ 4