House Study Bill 560 - Introduced
SENATE/HOUSE FILE _____
BY (PROPOSED DEPARTMENT OF
AGRICULTURE AND LAND
STEWARDSHIP BILL)
A BILL FOR
1 An Act relating to agriculture, by providing for the
2 administration of programs and regulations, and making
3 appropriations.
4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
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1 DIVISION I
2 IOWA-FOALED HORSES
3 Section 1. Section 99D.22, subsection 2, paragraph b,
4 subparagraph (3), Code 2024, is amended to read as follows:
5 (3) (a) Continuous For a thoroughbred foal, continuous
6 residency from December 31 until the foal is inspected if the
7 mare was bred by other than an Iowa registered stallion and is
8 not bred back to an Iowa registered stallion.
9 (b) For a standardbred foal or quarter horse foal,
10 continuous residency from January 31 until the foal is
11 inspected if the mare was bred by other than an Iowa registered
12 stallion and is not bred back to an Iowa registered stallion.
13 DIVISION II
14 AGRICULTURAL MARKETING
15 PART A
16 CHOOSE IOWA PROMOTIONAL PROGRAM
17 Sec. 2. Section 159.26, Code 2024, is amended by striking
18 the section and inserting in lieu thereof the following:
19 159.26 Definitions.
20 As used in this part, unless the context otherwise requires:
21 1. “Agricultural commodity” means an animal or plant, or raw
22 material originating from an animal or plant.
23 2. “Component” means an agricultural commodity that is
24 combined to form a product during processing.
25 3. “Farm” means land and associated structures used to
26 produce an agricultural commodity.
27 4. “Food item” means an agricultural commodity, or an item
28 processed from an agricultural commodity, that is fit for human
29 consumption.
30 5. “Fund” means the choose Iowa program fund established in
31 section 159.31.
32 6. “Horticulture item” means any of the following:
33 a. A nursery, floral, or greenhouse plant.
34 b. A product processed from a nursery, floral, or greenhouse
35 plant, including a seed, rooting, cutting, tissue culture,
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1 seedling, or other propagation material.
2 7. “Natural fiber item” means fiber originating from
3 an agricultural commodity for use in processing, including
4 manufacturing into a textile, apparel, or other similar
5 product.
6 8. “Process” means to prepare a product that includes an
7 agricultural commodity alone or as a component.
8 9. a. “Product” means an agricultural commodity that in its
9 raw or processed state is moveable at the time of its retail
10 sale.
11 b. “Product” includes but is not limited to a food item,
12 horticulture item, or natural fiber item.
13 10. “Program” means the choose Iowa promotional program
14 established in section 159.28.
15 Sec. 3. Section 159.28, Code 2024, is amended to read as
16 follows:
17 159.28 Choose Iowa promotional program.
18 1. The department shall establish and administer a choose
19 Iowa promotional program to advertise for retail sale on a
20 retail basis a food item that originates as an agricultural
21 commodity produced on an Iowa farm, and an Iowa product that
22 may include any of the following:
23 a. An agricultural commodity produced on an Iowa farm,
24 except that it may be prepared for sale by washing or packaging
25 in this state.
26 b. A product, if it is An agricultural commodity processed
27 in this state and any of its ingredients, if its components
28 originate as an agricultural commodity produced on an Iowa
29 farm.
30 2. a. The department may adopt rules further defining an
31 Iowa farm, Iowa agricultural commodity, and Iowa product; and
32 describing how an Iowa agricultural commodity originates on an
33 Iowa farm.
34 b. The department may adopt rules providing for the
35 acceptable use of ingredients originating a component that
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1 originates from an agricultural commodities commodity not
2 produced on an Iowa farms farm. In adopting the rules, the
3 department may consider whether the ingredient component is
4 an incidental additive or other component that the department
5 determines is or insignificant part of an Iowa product.
6 Sec. 4. Section 159.29, subsections 1 and 5, Code 2024, are
7 amended to read as follows:
8 1. As part of the choose Iowa promotional program, the
9 department may establish a choose Iowa logo to identify a food
10 item originating as an agricultural commodity produced on an
11 Iowa farm an Iowa product.
12 5. The use of a choose Iowa logo does not do any of the
13 following:
14 a. Provide an express or implied guarantee or warranty
15 concerning the safety, fitness, merchantability, or use of a
16 food item product.
17 b. Supersede, revise, or replace a state or federal labeling
18 requirement, including but not limited to a provision in the
19 federal Fair Packaging and Labeling Act, 15 U.S.C. §1451 et
20 seq.
21 c. Indicate the grade, specification, standard, or value of
22 any food item agricultural commodity, component, or product.
23 Sec. 5. Section 159.31, subsection 1, Code 2024, is amended
24 to read as follows:
25 1. A choose Iowa promotional fund is established in
26 the state treasury under the management and control of the
27 department.
28 PART B
29 DAIRY INNOVATION
30 Sec. 6. Section 159.31A, subsection 3, paragraphs a and c,
31 Code 2024, are amended to read as follows:
32 a. Expand or refurbish existing milk plants or establish a
33 new milk plant, operating pursuant to a permit issued pursuant
34 to section 192.111 or 194.3A.
35 c. Rent buildings, refrigeration facilities, or freezer
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1 facilities, or acquire equipment, if necessary to expand dairy
2 processing capacity, including mobile dairy or refrigeration
3 units used exclusively for dairy processing.
4 Sec. 7. Section 159.31A, subsection 7, Code 2024, is amended
5 to read as follows:
6 7. A business that is awarded financial assistance under
7 this section may apply for financial assistance under other
8 programs administered by the authority department.
9 PART C
10 VALUE-ADDED AGRICULTURAL GRANT FUND AND PROGRAM
11 Sec. 8. NEW SECTION. 159.31C Value-added agricultural grant
12 program fund.
13 1. A value-added agricultural grant program fund is
14 established in the state treasury under the management and
15 control of the department.
16 2. The fund shall include moneys appropriated by the general
17 assembly and other moneys available to and obtained or accepted
18 by the department, including moneys from public or private
19 sources.
20 3. Moneys in the fund are appropriated to the department for
21 the purpose of supporting the value-added agricultural grant
22 program established in section 159.31D.
23 4. a. Notwithstanding section 12C.7, interest or earnings
24 on moneys in the fund shall be credited to the fund.
25 b. Notwithstanding section 8.33, moneys in the fund that
26 remain unencumbered or unobligated at the end of a fiscal year
27 shall not revert.
28 Sec. 9. NEW SECTION. 159.31D Value-added agricultural grant
29 program.
30 There is established a value-added agricultural grant
31 program to identify, evaluate, and support projects and
32 services that add value to agricultural commodities produced
33 on Iowa farms, including by supporting new technologies and
34 marketing strategies. The department shall adopt rules as
35 necessary to administer the program.
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1 DIVISION III
2 COMMERCIAL ESTABLISHMENTS
3 Sec. 10. Section 162.2, subsection 8, Code 2024, is amended
4 to read as follows:
5 8. “Commercial breeder” means a person, engaged in the
6 business of breeding dogs or cats, who sells, exchanges, or
7 leases dogs or cats in return for consideration, or who offers
8 to do so, whether or not the animals are raised, trained,
9 groomed, or boarded by the person. A person who owns or
10 harbors three or fewer breeding males or females is not a
11 commercial breeder. However, a person who breeds any number
12 of breeding male or female greyhounds for the purposes of
13 using them for pari-mutuel wagering at a racetrack as provided
14 in chapter 99D shall be considered a commercial breeder
15 irrespective of whether the person sells, leases, or exchanges
16 the greyhounds for consideration or offers to do so.
17 Sec. 11. Section 162.2B, subsection 1, paragraph b, Code
18 2024, is amended to read as follows:
19 b. For the issuance or renewal of a state license or permit,
20 one hundred seventy-five dollars. However, a commercial
21 breeder who owns, keeps, breeds, or transports a greyhound dog
22 for pari-mutuel wagering at a racetrack as provided in chapter
23 99D shall pay a different fee for the issuance or renewal of a
24 state license as provided in rules adopted by the department.
25 Sec. 12. Section 162.10A, subsection 2, Code 2024, is
26 amended to read as follows:
27 2. a. Except as provided in paragraph “b” or “c”, a
28 commercial establishment shall comply with rules that the
29 department adopts to implement subsection 1. A commercial
30 establishment shall be regulated under this paragraph “a”
31 unless the person is a state licensee as provided in paragraph
32 “b” or a permittee as provided in paragraph “c” “b”.
33 b. A state licensee who is a commercial breeder owning,
34 breeding, transporting, or keeping a greyhound dog for
35 pari-mutuel wagering at a racetrack as provided in chapter 99D
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1 may be required to comply with different rules adopted by the
2 department.
3 c. b. A permittee is not required to comply with rules
4 that the department adopts to implement a standard of care as
5 provided in subsection 1 for state licensees and registrants.
6 The department may adopt rules regulating a standard of care
7 for a permittee, so long as the rules are not more restrictive
8 than required for a permittee under the Animal Welfare Act.
9 However, the department may adopt prescriptive rules relating
10 to the standard of care. Regardless of whether the department
11 adopts such rules, a permittee meets the standard of care
12 required in subsection 1 if it voluntarily complies with rules
13 applicable to state licensees or registrants. A finding by
14 the United States department of agriculture that a permittee
15 complies with the Animal Welfare Act is not conclusive when
16 determining that the permittee provides a standard of care
17 required in subsection 1.
18 Sec. 13. Section 717B.3, subsection 2, paragraph a,
19 subparagraph (2), subparagraph divisions (a) and (b), Code
20 2024, are amended to read as follows:
21 (a) A state licensee or registrant operating pursuant to
22 section 162.10A, subsection 2, paragraph “a” or “b”.
23 (b) A permittee operating pursuant to section 162.10A,
24 subsection 2, paragraph “c” “b”.
25 DIVISION IV
26 GRADE “A” MILK
27 Sec. 14. Section 192.101A, Code 2024, is amended by adding
28 the following new subsections:
29 NEW SUBSECTION. 1A. “Department” means the department of
30 agriculture and land stewardship.
31 NEW SUBSECTION. 5. “Secretary” means the secretary of
32 agriculture.
33 Sec. 15. Section 192.109, Code 2024, is amended to read as
34 follows:
35 192.109 Certification of grade “A” label.
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1 The department of agriculture and land stewardship shall
2 annually biennially conduct a survey and based on that survey
3 certify all milk labeled grade “A” pasteurized and grade “A”
4 raw milk for pasteurization, and, in. In the event that a
5 survey shows the requirements for production, processing, and
6 distribution for such grade are not being complied with, the
7 that fact thereof shall be certified by the department to the
8 secretary of agriculture who shall proceed with the provisions
9 of section 192.107 for suspending the permit of the violator or
10 who, if the secretary did not issue such permit, shall withdraw
11 the grade “A” declared on the label.
12 Sec. 16. Section 192.111, subsection 1, paragraph a,
13 subparagraph (5), Code 2024, is amended to read as follows:
14 (5) A milk grader which must obtain a milk grader permit and
15 pay a license permit fee not greater than twenty dollars.
16 Sec. 17. Section 192.116, Code 2024, is amended to read as
17 follows:
18 192.116 Bacteriologists.
19 The department of agriculture and land stewardship may
20 employ dairy specialists or bacteriologists who shall devote
21 their full time to the improvement of sanitation in the
22 production, processing, and marketing of dairy products.
23 Said The dairy specialists and bacteriologists shall have
24 qualifications as to education and experience and such other
25 requirements as the secretary may require.
26 Sec. 18. Section 192.118, subsection 1, Code 2024, is
27 amended to read as follows:
28 1. To ensure uniformity in the tests and reporting, an
29 employee certified by the United States public health service
30 of the bacteriological laboratory of the department shall
31 annually certify, in accordance with rules adopted by the
32 department incorporating or incorporating by reference the
33 federal publication entitled “Evaluation of Milk Laboratories”,
34 all laboratories doing work in the sanitary quality of
35 milk and dairy products for public report. The approval by
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1 the department shall be based on the evaluation of these
2 laboratories as to personnel training, laboratory methods
3 used, and reporting. The results on tests made by approved
4 laboratories shall be reported to the department on request,
5 on forms prescribed by the secretary of agriculture, and such
6 reports may be used by the department.
7 EXPLANATION
8 The inclusion of this explanation does not constitute agreement with
9 the explanation’s substance by the members of the general assembly.
10 GENERAL. This bill provides for the administration of
11 a number of programs and regulations by the department of
12 agriculture and land stewardship (DALS). Specifically,
13 the bill addresses the promotion of the native horse racing
14 industry by providing for the qualification of Iowa-foaled
15 horse breeds; agricultural marketing, by revising a number of
16 existing programs such as the choose Iowa promotional program
17 and choose Iowa fund, the dairy innovation program and fund,
18 and the value-added agricultural grant program and fund; the
19 regulation of commercial establishments that keep certain
20 nonagricultural animals for commercial purposes, by eliminating
21 special requirements related to greyhound racing; and the
22 regulation of permittees authorized to engage in the handling
23 of grade “A” milk and related dairy products.
24 IOWA-FOALED HORSES. DALS regulates the status and care
25 of race horses involved in pari-mutual wagering conducted
26 by persons licensed by the racing and gaming commission to
27 operate racetracks and manage associated purses. There are
28 three breeds of horses involved in such racing, including
29 thoroughbred horses, quarter horses, and standardbred horses.
30 For at least one race of each racing day, either a race must
31 be limited to Iowa-foaled horses or alternatively Iowa-foaled
32 horses must be given a weight advantage (Code section 99D.22).
33 At least 20 percent of all net purse moneys distributed to
34 each breed must be awarded in the form of Iowa breeder awards
35 or purse supplements to Iowa breeders. One criteria used to
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