Bill Text: IA HF147 | 2015-2016 | 86th General Assembly | Introduced
Bill Title: A bill for an act requiring consumer labeling information for food, and including penalties.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2015-02-04 - Introduced, referred to Agriculture. H.J. 251. [HF147 Detail]
Download: Iowa-2015-HF147-Introduced.html
House File 147 - Introduced HOUSE FILE BY MASCHER A BILL FOR 1 An Act requiring consumer labeling information for food, and 2 including penalties. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: TLSB 2151YH (2) 86 da/nh PAG LIN 1 1 Section 1. NEW SECTION. 189B.1 Short title. 1 2 This chapter shall be known and may be cited as the "Consumer 1 3 Labeling Information for Food Act". 1 4 Sec. 2. NEW SECTION. 189B.2 Purpose. 1 5 The purpose of this chapter is to allow Iowans greater 1 6 access to information about the food they and their families 1 7 consume, recognizing that such information is indispensable to 1 8 the exercise of informed consumer choice in a free and open 1 9 marketplace. 1 10 Sec. 3. NEW SECTION. 189B.3 Definitions. 1 11 As used in this chapter, unless the context otherwise 1 12 requires: 1 13 1. "Department" means the department of agriculture and land 1 14 stewardship. 1 15 2. "Food item" means any raw, cooked, or processed edible 1 16 substance used or intended for use or sale in whole or in part 1 17 for human consumption. 1 18 3. "Genetic engineering" means the process of altering an 1 19 organism's genetic material by the application of in vitro 1 20 nucleic acid techniques or the fusion of cells in a manner 1 21 that does not occur by natural multiplication or natural 1 22 recombination. 1 23 Sec. 4. NEW SECTION. 189B.4 Labeling standards. 1 24 1. a. A person manufacturing a packaged food item shall 1 25 disclose whether the food item was or may have been subjected 1 26 to genetic engineering when produced. 1 27 b. A person selling an unpackaged food item on a retail 1 28 basis shall disclose whether the food item was or may have been 1 29 subjected to genetic engineering when produced. 1 30 2. The disclosure required in subsection 1 shall be printed 1 31 on a label. To every extent possible, the label shall be 1 32 placed in a clear and conspicuous manner on or in proximity to 1 33 the food item. 1 34 a. The label for a packaged food item shall resemble a 1 35 label listing food ingredients required for that food item or 2 1 comparable food item pursuant to 21 C.F.R. pt. 101. 2 2 b. The label for an unpackaged food item shall be consistent 2 3 with the labeling for bulk containers as provided in 21 C.F.R. 2 4 {101.100 et seq. 2 5 Sec. 5. NEW SECTION. 189B.5 Exception for small businesses. 2 6 This chapter does not apply to a person who is a small 2 7 business as defined in section 15.102. 2 8 Sec. 6. NEW SECTION. 189B.6 Rules. 2 9 The department shall adopt rules as necessary to implement 2 10 and enforce this chapter. The department may adopt rules 2 11 establishing labeling standards for specific food items, or a 2 12 category of food items, that differ from the labeling standards 2 13 provided in section 189B.4 as long as such standards provide 2 14 reasonable notice to the consumer of the information required 2 15 to be disclosed pursuant to that section. 2 16 Sec. 7. NEW SECTION. 189B.7 Penalties. 2 17 1. A person manufacturing a packaged food item who fails to 2 18 comply with the labeling standards in section 189B.4 is subject 2 19 to a civil penalty of not more than one hundred dollars for 2 20 each packaged food item that is unlabeled and ultimately sold 2 21 or offered for sale on a retail basis in this state. However, 2 22 the person shall not be subject to a civil penalty of more 2 23 than ten thousand dollars for the sale or offer for sale of a 2 24 single manufactured lot of packaged food items, if the person 2 25 did not know that the packaged food items were subjected to 2 26 genetic engineering or the failure to comply with the labeling 2 27 standards was due to a malfunction of the manufacturing process 2 28 or inadvertence. 2 29 2. A person selling or offering to sell an unpackaged 2 30 food item on a retail basis and who fails to comply with 2 31 the labeling standards in section 189B.4 is subject to a 2 32 civil penalty of not more than one hundred dollars for each 2 33 unpackaged food item that is unlabeled and sold or offered 2 34 for sale on a retail basis in this state. However, the 2 35 person shall not be subject to a civil penalty of more than 3 1 one thousand dollars for the sale or offer for sale of a 3 2 single container of unpackaged food items, if the person did 3 3 not know that the unpackaged food items were subjected to 3 4 genetic engineering or the failure to comply with the labeling 3 5 standards was due to inadvertence. 3 6 EXPLANATION 3 7 The inclusion of this explanation does not constitute agreement with 3 8 the explanation's substance by the members of the general assembly. 3 9 This bill requires food items to be labeled with information 3 10 that identifies the food items as genetically modified. The 3 11 department of agriculture and land stewardship is responsible 3 12 for administering and enforcing the bill's provisions. A 3 13 person manufacturing a packaged food item must disclose whether 3 14 it was or may have been subjected to genetic engineering 3 15 when produced, and a person selling an unpackaged food item 3 16 on a retail basis must disclose whether it was or may have 3 17 been subjected to genetic engineering when produced. The 3 18 disclosure must appear on a printed label and either affixed 3 19 to a packaged food item or placed near a container holding 3 20 unpackaged food items. The label must be based on federal 3 21 ingredient labeling standards unless the department establishes 3 22 alternative standards. The bill creates an exception for a 3 23 small business which has either fewer than 20 employees or 3 24 an annual gross income of less than $4 million. A person 3 25 manufacturing a packaged food item who fails to comply with 3 26 the labeling standards, or a person selling or offering to 3 27 sell an unpackaged food item on a retail basis and who fails 3 28 to comply with the labeling standards, is subject to civil 3 29 penalties. The civil penalty equals $100 per food item that is 3 30 not labeled in compliance with the bill's provisions. However, 3 31 under certain circumstances a manufacturer's civil penalty is 3 32 capped at $10,000 for the sale or offer for sale of a single 3 33 manufactured lot of packaged food items and a retail dealer's 3 34 civil penalty is capped at $1,000 for the sale or offer for 3 35 sale of a single container of unpackaged food items. LSB 2151YH (2) 86 da/nh
