Bill Text: IA SSB3145 | 2017-2018 | 87th General Assembly | Introduced
Bill Title: A bill for an act regulating the sale of eggs by grocery stores participating in federal programs, and providing for penalties.
Spectrum: Committee Bill
Status: (N/A - Dead) 2018-02-07 - Subcommittee recommends amendment and passage. [SSB3145 Detail]
Download: Iowa-2017-SSB3145-Introduced.html
Senate
Study
Bill
3145
-
Introduced
SENATE
FILE
_____
BY
(PROPOSED
COMMITTEE
ON
AGRICULTURE
BILL
BY
CHAIRPERSON
ZUMBACH)
A
BILL
FOR
An
Act
regulating
the
sale
of
eggs
by
grocery
stores
1
participating
in
federal
programs,
and
providing
for
2
penalties.
3
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
4
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Section
1.
NEW
SECTION
.
135.16A
Vendors
participating
in
1
federal
programs
——
egg
sales.
2
1.
As
used
in
this
section,
unless
the
context
otherwise
3
requires:
4
a.
“Conventional
eggs”
means
eggs
others
than
specialty
5
eggs.
6
b.
“Eggs”
means
shell
eggs
that
are
graded
as
“AA”,
“A”,
or
7
“B”
pursuant
to
7
C.F.R.
pt.
56,
subpt.
A,
and
that
are
sold
at
8
retail
in
commercial
markets.
9
c.
“Federal
food
program”
means
any
of
the
following:
10
(1)
The
supplemental
nutrition
assistance
program
as
11
provided
in
7
U.S.C.
§2011,
et
seq.
12
(2)
The
special
supplemental
food
program
for
women,
13
infants,
and
children
as
provided
in
42
U.S.C.
§1786,
et
seq.
14
d.
“Grocery
store”
means
a
food
establishment
as
defined
15
in
section
137F.1
licensed
by
the
department
of
inspections
16
and
appeals
pursuant
to
section
137F.4,
to
sell
food
or
food
17
products
to
customers
intended
for
preparation
or
consumption
18
off
premises.
19
e.
“Specialty
eggs”
means
eggs
produced
by
domesticated
20
chickens,
and
sold
at
retail
in
commercial
markets
if
the
21
chickens
producing
such
eggs
are
advertised
as
being
housed
in
22
any
of
the
following
environments:
23
(1)
Cage-free.
24
(2)
Free-range.
25
(3)
Enriched
colony
cage.
26
2.
a.
The
department
of
agriculture
and
land
stewardship
27
shall
assist
the
Iowa
department
of
public
health
in
28
establishing
rules
necessary
to
implement,
administer,
and
29
enforce
this
section.
30
b.
If
necessary
to
implement,
administer,
and
enforce
this
31
section,
the
Iowa
department
of
public
health,
in
cooperation
32
with
the
department
of
agriculture
and
land
stewardship,
shall
33
submit
a
request
to
the
United
States
department
of
agriculture
34
for
a
waiver
or
other
exception
from
regulations
as
deemed
35
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feasible
by
the
Iowa
department
of
public
health.
The
Iowa
1
department
of
public
health
shall
regularly
report
the
status
2
of
such
request
to
the
legislative
services
agency.
3
3.
A
grocery
store
that
is
a
vendor
participating
in
a
4
federal
food
program
and
offering
specialty
eggs
for
retail
5
sale
shall
maintain
a
regular
inventory
of
conventional
eggs
6
for
retail
sale.
The
inventory
of
conventional
eggs
shall
be
7
sufficient
to
meet
the
grocery
store’s
regular
customer
demand
8
for
such
eggs.
9
4.
This
section
does
not
require
a
grocery
store
to
do
any
10
of
the
following:
11
a.
Stock
or
sell
specialty
eggs.
12
b.
Stock
or
sell
eggs,
if
the
grocery
store
elects
not
to
13
stock
or
sell
conventional
eggs
for
retail
sale
as
part
of
its
14
normal
business.
15
c.
Comply
with
the
provisions
of
this
section,
if
the
16
grocery
store’s
inventory
of
eggs
for
retail
sale
was
limited
17
to
specialty
eggs
prior
to
January
1,
2018.
18
5.
a.
A
violation
of
subsection
3
by
a
grocery
store
19
shall
not
be
construed
to
disqualify
a
grocery
store
from
20
participating
in
a
federal
food
program
unless
otherwise
21
authorized
by
the
United
States
department
of
agriculture.
22
b.
A
grocery
store
that
fails
to
maintain
a
regular
23
inventory
of
conventional
eggs
for
retail
sale
as
required
in
24
subsection
3,
shall
be
subject
to
a
civil
penalty
of
not
more
25
than
one
hundred
dollars.
Each
day
that
a
violation
exists
26
constitutes
a
separate
offense.
27
EXPLANATION
28
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
29
the
explanation’s
substance
by
the
members
of
the
general
assembly.
30
GENERAL.
This
bill
applies
to
a
grocery
store
that
31
participates
as
a
vendor
in
federal
health
and
nutrition
32
programs
providing
food
assistance
to
low-income
persons.
33
Under
the
bill’s
provisions,
if
a
grocery
store
carries
an
34
inventory
of
specialty
eggs
for
retail
sale
it
must
also
carry
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an
inventory
of
conventional
eggs
(shell
eggs
that
are
not
1
considered
specialty
eggs)
for
sale.
Under
the
bill,
specialty
2
eggs
are
described
as
having
been
produced
by
chickens
3
advertised
as
having
been
housed
in
a
cage-free,
free-range,
or
4
enriched
colony
cage
environment.
5
DEPARTMENTAL
RESPONSIBILITIES.
The
referenced
federal
6
programs
are
limited
to
the
supplemental
nutrition
assistance
7
program
(SNAP),
informally
known
as
the
food
stamp
program;
8
and
the
special
supplemental
food
program
for
women,
infants,
9
and
children
(WIC).
The
two
programs
are
administered
by
the
10
United
States
department
of
agriculture
(USDA)
in
conjunction
11
with
the
Iowa
department
of
public
health
(department).
12
Generally,
standards
for
the
commercial
production
and
13
marketing
of
eggs
(by
egg-laying
hens)
are
established
by
14
several
federal
agencies
including
the
USDA
(21
U.S.C.
§1031
15
et
seq.).
The
bill
requires
the
department
to
implement,
16
administer,
and
enforce
its
provisions,
including
by:
(1)
17
adopting
rules
in
consultation
with
the
department
of
18
agriculture
and
land
stewardship,
and
(2)
applying
for
a
waiver
19
from
the
USDA
if
needed.
20
EXCEPTIONS.
The
bill’s
provisions
do
not
require
a
grocery
21
store
to:
(1)
stock
eggs
if
it
does
not
stock
specialty
eggs
22
for
sale
or
(2)
stock
conventionally
produced
eggs
for
sale
if
23
it
had
not
stocked
such
eggs
for
sale
prior
to
January
1,
2018.
24
PENALTIES.
A
grocery
store
violating
the
bill’s
provisions
25
is
not
disqualified
from
participating
in
either
federal
26
program,
unless
otherwise
authorized
by
the
USDA.
The
grocery
27
store
is
subject
to
a
civil
penalty
of
not
more
than
$100
for
28
each
day
of
a
violation.
29
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