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
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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
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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
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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.
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