Bill Text: IA SF2410 | 2023-2024 | 90th General Assembly | Introduced

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Bill Title: A bill for an act relating to agriculture, by providing for the administration of programs and regulations, making appropriations, and including effective date provisions.(Formerly SF 2209, SSB 3052.)

Spectrum: Committee Bill

Status: (Introduced) 2024-04-17 - Withdrawn. S.J. 864. [SF2410 Detail]

Download: Iowa-2023-SF2410-Introduced.html

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Senate File 2410 - Introduced
SENATE FILE 2410
BY COMMITTEE ON APPROPRIATIONS
(SUCCESSOR TO SF 2209)
(SUCCESSOR TO SSB 3052)
A BILL FOR
An Act relating to agriculture, by providing for the
administration of programs and regulations, making
appropriations, and including effective date provisions.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
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DIVISION I
IOWA-FOALED HORSES
Section 1. Section 99D.22, subsection 2, paragraph b,
subparagraph (3), Code 2024, is amended to read as follows:
(3) (a) Continuous For a thoroughbred foal, continuous
residency from December 31 15 until the foal is inspected if
the mare was bred by other than an Iowa registered stallion and
is not bred back to an Iowa registered stallion.
(b) For a standardbred foal or quarter horse foal,
continuous residency from January 31 until the foal is
inspected if the mare was bred by other than an Iowa registered
stallion and is not bred back to an Iowa registered stallion.
DIVISION II
AGRICULTURAL MARKETING
Sec. 2. Section 15E.370, Code 2024, is amended to read as
follows:
15E.370 Butchery innovation and revitalization fund and
program.
1. As used in this section unless the context otherwise
requires:
a. “Department” means the department of agriculture and land
stewardship.
b. “Financial assistance” means assistance provided only
from the funds and assets legally available to the authority
pursuant to this section and includes assistance in the form of
grants, low-interest loans, and forgivable loans.
c. “Fund” means the butchery innovation and revitalization
fund.
d. “Located in” means the place or places at which
a business’s operations are located and where at least
ninety-eight percent of the business’s employees work, or where
employees that are paid at least ninety-eight percent of the
business’s payroll work.
e. “Program” means the butchery innovation and
revitalization program.
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2. a. The fund is created in the state treasury under
the control of the authority and consists of any moneys
appropriated to the fund by the general assembly and any other
moneys available and obtained or accepted by the authority
for placement in the fund. The fund shall be used to award
financial assistance as provided under the program. The
authority shall use any moneys specifically appropriated for
purposes of this section only for the purposes of the program.
b. Notwithstanding section 8.33 , moneys in the fund
that remain unencumbered or unobligated at the close of the
fiscal year shall not revert but shall remain available for
expenditure for the purposes designated until the close of the
succeeding fiscal year.
c. The authority may use not more than five percent of
the moneys in the fund at the beginning of each fiscal year
for purposes of administrative costs, marketing, technical
assistance, and other program support.
1. A butchery innovation and revitalization program is
established within the department. The purpose of the program
is to promote the development, modernization, and expansion of
this state’s small-scale butchery industry.
3. 2. The authority, in consultation with In administering
the program, the department , shall establish and administer the
program for the purpose of awarding award financial assistance
to eligible businesses for to support projects that do one or
more of the following projects :
a. To expand Expand or refurbish an existing, or to
establish a new, state-inspected small-scale meat processing
business.
b. To expand Expand or refurbish an existing, or to
establish a new, federally inspected small-scale meat
processing business.
c. To expand Expand or refurbish an existing, or to
establish a new, licensed custom locker.
d. To expand Expand or refurbish an existing, or to
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establish a new, mobile slaughter unit that operates in
compliance with the most current mobile slaughter unit
compliance guide issued by the United States department of
agriculture food safety and inspection service.
e. To rent Rent buildings, refrigeration facilities, or
freezer facilities, or acquire equipment if necessary , to
expand processing capacity, including mobile slaughter or
refrigeration units used exclusively for meat or poultry
processing.
4. 3. The authority, in consultation with the department ,
shall establish eligibility criteria for the program by rule .
The eligibility criteria must include all of the following:
a. The business must be located in this state.
b. The business must not have been subject to any regulatory
enforcement action related to federal, state, or local
environmental, worker safety, food processing, or food safety
laws, rules, or regulations within the last five years.
c. The business must only employ individuals legally
authorized to work in the state.
d. The business must not currently be in bankruptcy.
e. The business must employ less than seventy-five
full-time, nonseasonal individuals.
5. 4. A An eligible business seeking financial assistance
under this section shall make application to the authority
department in the manner and on forms prescribed by the
authority by rule department .
6. 5. Applications for financial assistance under this
section shall be accepted during one or more annual application
periods to be determined by the authority by rule established
by the department . Upon reviewing and scoring all applications
that are received during an application period, and subject to
funding the availability of moneys , the authority department
may , in consultation with the department, award financial
assistance to eligible businesses. A financial assistance
award shall not exceed the amount of eligible project costs
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included in the eligible business’s application. Priority
shall be given to an eligible businesses whose business
describing a proposed projects project under subsection 3 will
2 that is most likely to do any one or more of the following:
a. Create new jobs.
b. Create or expand opportunities for local small-scale
farmers to market processed meat under private labels.
c. Provide greater flexibility or convenience for local
small-scale farmers to have animals processed.
7. 6. A An eligible business that is awarded financial
assistance under this section may apply for financial
assistance under other programs administered by the authority
department .
8. The authority shall, in consultation with the
department, adopt rules pursuant to chapter 17A to administer
this section .
Sec. 3. Section 159.20, subsection 2, Code 2024, is amended
to read as follows:
2. The department shall establish and administer a
choose Iowa promotional program as provided in part 2 of
this subchapter , in order to provide consumers a choice in
programs that advance the purchasing food items of agricultural
commodities produced on Iowa farms and Iowa products that
originate as an agricultural commodity commodities produced on
Iowa farms under this title, including chapter 187 .
Sec. 4. Section 159.20, subsection 3, unnumbered paragraph
1, Code 2024, is amended to read as follows:
As used in this subchapter section :
Sec. 5. Section 159.28, Code 2024, is amended to read as
follows:
159.28 Choose Iowa promotional program.
1. The department shall establish and administer a choose
Iowa promotional program to advertise for retail sale on a
retail basis a food item that originates as an agricultural
commodity produced on an Iowa farm, and an Iowa product that
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may include any of the following:
a. An agricultural commodity produced on an Iowa farm ,
except that it may be prepared for sale by washing or packaging
in this state.
b. A product, if it is An agricultural commodity processed
in this state and any of its ingredients , if its components
originate as an agricultural commodity produced on an Iowa
farm.
2. a. The department may adopt rules further defining an
Iowa farm , Iowa agricultural commodity, and Iowa product; and
describing how an Iowa agricultural commodity originates on an
Iowa farm.
b. The department may adopt rules providing for the
acceptable use of ingredients originating a component that
originates from an agricultural commodities commodity not
produced on an Iowa farms farm . In adopting the rules, the
department may consider whether the ingredient component is
an incidental additive or other component that the department
determines is or insignificant part of an Iowa product .
Sec. 6. Section 159.29, subsections 1 and 5, Code 2024, are
amended to read as follows:
1. As part of the choose Iowa promotional program, the
department may establish a choose Iowa logo to identify a food
item originating as an agricultural commodity produced on an
Iowa farm an Iowa product .
5. The use of a choose Iowa logo does not do any of the
following:
a. Provide an express or implied guarantee or warranty
concerning the safety, fitness, merchantability, or use of a
food item product .
b. Supersede, revise, or replace a state or federal labeling
requirement, including but not limited to a provision in the
federal Fair Packaging and Labeling Act, 15 U.S.C. §1451 et
seq.
c. Indicate the grade, specification, standard, or value of
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any food item agricultural commodity, component, or product .
Sec. 7. Section 159.31, subsections 1, 2, and 3, Code 2024,
are amended to read as follows:
1. A choose Iowa fund is established created in the state
treasury under the management and control of the department.
2. The fund shall include moneys collected as fees by
the department as provided in section 159.30 187.303 , moneys
appropriated by the general assembly, and other moneys
available to and obtained or accepted by the department,
including moneys from public or private sources.
3. Moneys in the fund are appropriated to the department
and shall be used exclusively to carry out the provisions of
this part administer the programs created in this subchapter
as determined and directed by the department, and shall not
require further special authorization by the general assembly.
Sec. 8. Section 159.31A, Code 2024, is amended to read as
follows:
159.31A Dairy innovation fund and revitalization program.
1. As used in this section unless the context otherwise
requires:
a. “Financial assistance” means assistance provided only
from the moneys and assets legally available to the department
pursuant to this section and includes assistance in the form of
grants, low-interest loans, and forgivable loans.
b. “Fund” means the dairy innovation fund.
c. “Located in” means the place or places at which
a business’s operations are located and where at least
ninety-eight percent of the business’s employees work, or where
employees that are paid at least ninety-eight percent of the
business’s payroll work.
d. “Program” means the dairy innovation program.
2. a. The fund is created in the state treasury under
the control of the department and consists of any moneys
appropriated to the fund by the general assembly and any other
moneys available to or obtained or accepted by the department
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for placement in the fund. Moneys in the fund are appropriated
to the department to award financial assistance as provided
under the program. The department shall use any moneys
specifically appropriated for purposes of this section only for
the purposes of the program.
b. Notwithstanding section 8.33 , moneys in the fund
that remain unencumbered or unobligated at the close of the
fiscal year shall not revert but shall remain available for
expenditure for the purposes designated until the close of the
succeeding fiscal year.
1. A dairy innovation and revitalization program is created
within the department. The purpose of the program is to
promote the development, modernization, and expansion of this
state’s dairy industry.
3. 2. The In administering the program, the department
shall establish and administer the program for the purpose of
awarding award financial assistance to eligible businesses
engaged in to support projects that do one or more of the
following:
a. Expand or refurbish existing milk plants or establish a
new milk plant, operating pursuant to a permit issued pursuant
to section 192.111 or 194.3A .
b. Expand or refurbish existing mobile dairy processing
units, or establish new mobile dairy processing units.
c. Rent buildings, refrigeration facilities, or freezer
facilities, or equipment necessary to expand dairy processing
capacity, including mobile dairy or refrigeration units used
exclusively for dairy processing.
d. Incorporate methods and technologies that reduce farm
labor associated with milk production and storage, including
but not limited to the use of robotics and processes or systems
that operate using computerized equipment or machinery.
4. 3. The department shall establish eligibility criteria
for the program by rule . The eligibility criteria must include
all of the following:
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a. The business must be located in this state.
b. The business must not have been subject to any regulatory
enforcement action related to federal, state, or local
environmental, worker safety, food processing, or food safety
laws, rules, or regulations within the last five years.
c. The business must only employ individuals legally
authorized to work in this state.
d. The business must not currently be in bankruptcy.
e. The business must employ less than fifty individuals.
5. 4. A An eligible business seeking financial assistance
under this section shall make application to the department in
the manner and on forms prescribed by the department by rule .
6. 5. Applications for financial assistance under this
section shall be accepted during one or more annual application
periods to be determined established by the department by
rule . Upon reviewing and scoring all applications that are
received during an application period, and subject to funding
the availability of moneys , the department may award financial
assistance to eligible businesses. A financial assistance
award shall not exceed the amount of eligible project costs
included in the eligible business’s application. Priority
shall be given to eligible businesses whose proposed project
or projects under subsection 3 will 2 are most likely to do any
one or more of the following:
a. Create new jobs.
b. Create or expand opportunities for local small-scale milk
producers to market pasteurized milk and milk products under
private labels.
c. Provide greater flexibility or convenience for local
small-scale farmers to have milk processed.
d. Reduce labor associated with the on-farm production and
storage of milk.
7. 6. A An eligible business that is awarded financial
assistance under this section may apply for financial
assistance under other programs administered by the authority
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department .
8. The department shall adopt rules pursuant to chapter 17A
to administer this section .
Sec. 9. NEW SECTION . 187.101 Short title.
This chapter shall be known and may be cited as the “Choose
Iowa Act” .
Sec. 10. NEW SECTION . 187.102 Definitions.
As used in this chapter, unless the context otherwise
requires:
1. “Agricultural commodity” means an animal or plant, or raw
material originating from an animal or plant.
2. “Component” means an agricultural commodity that is
combined to form a product during processing.
3. “Department” means the department of agriculture and land
stewardship.
4. “Farm” means land and associated structures used to
produce an agricultural commodity.
5. a. “Financial assistance” means support provided by the
department to an eligible business under this chapter from
moneys or other assets legally available to the department.
b. “Financial assistance” includes any form of grant,
low-interest loan, or forgivable loan.
6. “Food item” means an agricultural commodity, or an item
processed from an agricultural commodity, that is fit for human
consumption.
7. “Fund” means the choose Iowa fund created in section
187.201.
8. “Horticulture item” means any of the following:
a. A nursery, floral, or greenhouse plant.
b. A product processed from a nursery, floral, or greenhouse
plant, including a seed, rooting, cutting, tissue culture,
seedling, or other propagation material.
9. “Located in” means the place or places at which
a business’s operations are located and where at least
ninety-eight percent of the business’s employees work, or where
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employees that are paid at least ninety-eight percent of the
business’s payroll work.
10. “Natural fiber item” means fiber originating from
an agricultural commodity for use in processing, including
manufacturing into a textile, apparel, or other similar
product.
11. “Process” means to prepare a product that includes an
agricultural commodity alone or as a component.
12. a. “Product” means an agricultural commodity that
in its raw or processed state is moveable at the time of its
retail sale.
b. “Product” includes but is not limited to a food item,
horticulture item, or natural fiber item.
Sec. 11. NEW SECTION . 187.103 Administration.
The department shall adopt all rules under chapter 17A as it
determines necessary or desirable to administer this chapter.
Sec. 12. NEW SECTION . 187.321 Value-added agricultural
grant program.
A value-added agricultural grant program is created within
the department. The purpose of the program is to identify,
evaluate, and support projects and services that add value to
agricultural commodities produced on Iowa farms, including by
supporting new technologies and marketing strategies.
Sec. 13. REPEAL. Sections 159.26 and 159.27, Code 2024,
are repealed.
Sec. 14. TRANSFER OF MONEYS.
1. Not later than June 30, 2024, the unencumbered or
unobligated balances in all of the following funds shall be
transferred to the choose Iowa fund created in section 159.31
as follows:
a. (1) The butchery innovation and revitalization fund
created in section 15E.370.
(2) The economic development authority shall retain any
encumbered or obligated moneys in the fund to wind down the
authority’s administration of the butchery innovation and
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revitalization program.
b. The dairy innovation fund created in section 159.31A.
2. Not later than June 30, 2024, any moneys appropriated
to the department of agriculture and land stewardship that the
department has not expended as required to support a value
added agriculture grant program shall be transferred to the
choose Iowa fund, including moneys appropriated in 2022 Iowa
Acts, chapter 1147, section 12, and 2023 Iowa Acts, chapter
109, section 4, subsection 9.
Sec. 15. WINDING DOWN PROVISIONS. The economic development
authority shall only use moneys in the butchery innovation and
revitalization fund created in section 15E.370 to wind down its
administration of the butchery innovation and revitalization
fund and program created in section 15E.370.
Sec. 16. TRANSITION PROVISIONS.
1. Any promulgated administrative decision, including a
rule, regulation, form, order, or directive, by the economic
development authority governing the butchery innovation
and revitalization program created in section 15E.370 and
transferred in this division of this Act to the department
of agriculture and land stewardship, and in effect on June
30, 2024, shall continue in full force and effect until
amended, repealed, or supplemented by affirmative action of the
department of agriculture and land stewardship.
2. The terms or conditions of any financial assistance
awarded, or contract entered into, as of June 30, 2024, by
the economic development authority governing the butchery
innovation and revitalization program created in section
15E.370 and transferred in this division of this Act to the
department of agriculture and land stewardship, and in effect
on June 30, 2024, shall continue in full force and effect
pursuant to the terms of the award or contract.
3. Any legal action, including an administrative hearing,
cause of action, or statute of limitation relating to the
economic development authority governing the butchery
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innovation and revitalization program created in section
15E.370 and transferred to the department of agriculture and
land stewardship, and in effect on June 30, 2024, shall not
be affected as a result of the transfer, except that the
department shall be regarded as the authority’s successor in
interest.
Sec. 17. CODE EDITOR DIRECTIVE.
1. The Code editor is directed to make the following
transfers:
a. Section 15E.370 to 187.311.
b. Section 159.28 to 187.301.
c. Section 159.29 to 187.302.
d. Section 159.30 to 187.303.
e. Section 159.31 to 187.201.
f. Section 159.31A to 187.313.
2. The Code editor shall correct internal references in the
Code and in any enacted legislation as necessary due to the
enactment of this section.
Sec. 18. DIRECTIONS TO CODE EDITOR —— SUBCHAPTERS AND
PARTS. The Code editor is directed to divide the provisions
of chapter 187, as amended, enacted, or transferred in this
division of this Act, into subchapters and parts as follows:
1. Subchapter I, including sections 187.101 through
187.103.
2. Subchapter II, including section 187.201.
3. Subchapter III, as follows:
a. Part 1, including sections 187.301 through 187.303.
b. Part 2, including sections 187.311 and 187.313.
c. Part 3, including section 187.321.
Sec. 19. EFFECTIVE DATE.
1. Except as provided in subsection 2, this division of this
Act takes effect July 1, 2024.
2. The following sections of this division of this Act,
being deemed of immediate importance, take effect upon
enactment:
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a. The section that provides for the transfer of moneys.
b. The section that provides for the transition of
administrative decisions, financial assistance or contracts, or
legal action.
c. The section that provides for the winding down of the
butchery innovation and revitalization fund and program created
in section 15E.370.
DIVISION III
COMMERCIAL ESTABLISHMENTS
Sec. 20. Section 162.2, subsection 8, Code 2024, is amended
to read as follows:
8. “Commercial breeder” means a person, engaged in the
business of breeding dogs or cats, who sells, exchanges, or
leases dogs or cats in return for consideration, or who offers
to do so, whether or not the animals are raised, trained,
groomed, or boarded by the person. A person who owns or
harbors three or fewer breeding males or females is not a
commercial breeder. However, a person who breeds any number
of breeding male or female greyhounds for the purposes of
using them for pari-mutuel wagering at a racetrack as provided
in chapter 99D shall be considered a commercial breeder
irrespective of whether the person sells, leases, or exchanges
the greyhounds for consideration or offers to do so.
Sec. 21. Section 162.2B, subsection 1, paragraph b, Code
2024, is amended to read as follows:
b. For the issuance or renewal of a state license or permit,
one hundred seventy-five dollars. However, a commercial
breeder who owns, keeps, breeds, or transports a greyhound dog
for pari-mutuel wagering at a racetrack as provided in chapter
99D shall pay a different fee for the issuance or renewal of a
state license as provided in rules adopted by the department.
Sec. 22. Section 162.10A, subsection 2, Code 2024, is
amended to read as follows:
2. a. Except as provided in paragraph “b” or “c” , a
commercial establishment shall comply with rules that the
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department adopts to implement subsection 1 . A commercial
establishment shall be regulated under this paragraph “a”
unless the person is a state licensee as provided in paragraph
“b” or a permittee as provided in paragraph “c” “b” .
b. A state licensee who is a commercial breeder owning,
breeding, transporting, or keeping a greyhound dog for
pari-mutuel wagering at a racetrack as provided in chapter 99D
may be required to comply with different rules adopted by the
department.
c. b. A permittee is not required to comply with rules
that the department adopts to implement a standard of care as
provided in subsection 1 for state licensees and registrants.
The department may adopt rules regulating a standard of care
for a permittee, so long as the rules are not more restrictive
than required for a permittee under the Animal Welfare Act.
However, the department may adopt prescriptive rules relating
to the standard of care. Regardless of whether the department
adopts such rules, a permittee meets the standard of care
required in subsection 1 if it voluntarily complies with rules
applicable to state licensees or registrants. A finding by
the United States department of agriculture that a permittee
complies with the Animal Welfare Act is not conclusive when
determining that the permittee provides a standard of care
required in subsection 1 .
Sec. 23. Section 717B.3, subsection 2, paragraph a,
subparagraph (2), subparagraph divisions (a) and (b), Code
2024, are amended to read as follows:
(a) A state licensee or registrant operating pursuant to
section 162.10A, subsection 2 , paragraph “a” or “b” .
(b) A permittee operating pursuant to section 162.10A,
subsection 2 , paragraph “c” “b” .
DIVISION IV
GRADE “A” MILK
Sec. 24. Section 192.101A, Code 2024, is amended by adding
the following new subsections:
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NEW SUBSECTION . 1A. “Department” means the department of
agriculture and land stewardship.
NEW SUBSECTION . 5. “Secretary” means the secretary of
agriculture.
Sec. 25. Section 192.109, Code 2024, is amended to read as
follows:
192.109 Certification of grade “A” label.
The department of agriculture and land stewardship shall
annually biennially conduct a survey and based on that survey
certify all milk labeled grade “A” pasteurized and grade “A”
raw milk for pasteurization , and, in . In the event that a
survey shows the requirements for production, processing, and
distribution for such grade are not being complied with, the
that fact thereof shall be certified by the department to the
secretary of agriculture who shall proceed with the provisions
of section 192.107 for suspending the permit of the violator or
who, if the secretary did not issue such permit, shall withdraw
the grade “A” declared on the label.
Sec. 26. Section 192.111, subsection 1, paragraph a,
subparagraph (5), Code 2024, is amended to read as follows:
(5) A milk grader which must obtain a milk grader permit and
pay a license permit fee not greater than twenty dollars.
Sec. 27. Section 192.116, Code 2024, is amended to read as
follows:
192.116 Bacteriologists.
The department of agriculture and land stewardship may
employ dairy specialists or bacteriologists who shall devote
their full time to the improvement of sanitation in the
production, processing , and marketing of dairy products.
Said The dairy specialists and bacteriologists shall have
qualifications as to education and experience and such other
requirements as the secretary may require.
Sec. 28. Section 192.118, subsection 1, Code 2024, is
amended to read as follows:
1. To ensure uniformity in the tests and reporting, an
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employee certified by the United States public health service
of the bacteriological laboratory of the department shall
annually certify, in accordance with rules adopted by the
department incorporating or incorporating by reference the
federal publication entitled “Evaluation of Milk Laboratories”,
all laboratories doing work in the sanitary quality of
milk and dairy products for public report. The approval by
the department shall be based on the evaluation of these
laboratories as to personnel training, laboratory methods
used, and reporting. The results on tests made by approved
laboratories shall be reported to the department on request,
on forms prescribed by the secretary of agriculture , and such
reports may be used by the department.
DIVISION V
FERTILIZERS AND SOIL CONDITIONERS
Sec. 29. Section 200.3, subsection 29, Code 2024, is amended
to read as follows:
29. The term “unmanipulated manures” means any substances
composed primarily of excreta, plant remains, or mixtures of
such substances which have not been processed in any manner
other than dewatering .
Sec. 30. EFFECTIVE DATE. This division of this Act, being
deemed of immediate importance, takes effect upon enactment.
EXPLANATION
The inclusion of this explanation does not constitute agreement with
the explanation’s substance by the members of the general assembly.
GENERAL. This bill provides for the administration of
a number of programs and regulations by the department of
agriculture and land stewardship (DALS). Specifically,
the bill addresses the promotion of the native horse racing
industry by providing for the qualification of Iowa-foaled
horse breeds; agricultural marketing, by revising a number
of existing programs such as the choose Iowa promotional
program and choose Iowa fund, the butchery innovation and
revitalization fund and program, the dairy innovation program
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and fund, and the value-added agricultural grant program; the
regulation of commercial establishments that keep certain
nonagricultural animals for commercial purposes, by eliminating
special requirements related to greyhound racing; and the
regulation of permittees authorized to engage in the handling
of grade “A” milk and related dairy products.
IOWA-FOALED HORSES. DALS regulates the status and care
of race horses involved in pari-mutual wagering conducted
by persons licensed by the racing and gaming commission to
operate racetracks and manage associated purses. There are
three breeds of horses involved in such racing, including
thoroughbred horses, quarter horses, and standardbred horses.
For at least one race of each racing day, either a race must
be limited to Iowa-foaled horses or alternatively Iowa-foaled
horses must be given a weight advantage (Code section 99D.22).
At least 20 percent of all net purse moneys distributed to
each breed must be awarded in the form of Iowa breeder awards
or purse supplements to Iowa breeders. One criteria used to
determine a foal’s status as Iowa bred occurs in cases in which
the foal’s brood mare was bred by a stallion not recognized
by DALS as an Iowa registered stallion and was not bred back
to an Iowa registered stallion. In that case, the brood mare
must have continuous Iowa residency from December 31 until the
foal is inspected. The bill provides that for thoroughbred
horses that beginning date is moved back to December 15, and
for quarter horses and standardbred horses that beginning date
is moved forward to January 31.
AGRICULTURAL MARKETING —— CHOOSE IOWA PROMOTIONAL PROGRAM
AND CHOOSE IOWA PROMOTIONAL FUND. In 2022, the general
assembly established the choose Iowa promotional program
(choose Iowa program) and choose Iowa fund administered by
DALS (2022 Iowa Acts, chapter 1152). The stated purpose of
the choose Iowa program and fund is to provide consumers a
choice to purchase a food item originating as an agricultural
commodity (commodity) produced on an Iowa farm or a food
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item processed in Iowa using the commodity as an ingredient
(Code sections 159.26 through 159.31). As part of the choose
Iowa program, DALS may establish a choose Iowa logo (logo)
and register the logo for legal protection with the state or
the United States (e.g., by trademark or copyright). DALS
may also enter into a licensing agreement with a person who
applies to use the logo when selling a food item on a retail
basis. A choose Iowa fund was established to finance the
program. The fund includes fees paid by licensees and any
moneys appropriated by the general assembly. The bill uses
the term “product” to describe both raw and processed items
(i.e., moveable goods) that may be sold at retail using the
logo. It expands the program to include horticulture items (a
nursery, floral, or greenhouse plant) and natural fiber items
(e.g., wool). In all cases, the product must be a commodity
produced on an Iowa farm, a commodity produced on an Iowa farm
and processed in this state, or a commodity produced on an Iowa
farm and used as a component in a product processed in this
state. The bill changes the fund’s name to the choose Iowa
promotional fund.
AGRICULTURAL MARKETING —— BUTCHERY AND DAIRY INNOVATION
FUNDS AND PROGRAMS. In 2021, the general assembly created
a butchery innovation and revitalization fund and program
(2021 Iowa Acts, chapter 175) administered by the economic
development authority (IEDA) under Code section 15E.370. Its
purpose is to provide financial assistance to small-scale meat
processing businesses and locker plants. In 2023, the general
assembly created a dairy innovation fund and program (2023 Iowa
Acts, chapter 101) administered by DALS under Code section
159.31A. Its purpose is to provide financial assistance to
small-scale businesses engaged in dairy processing. Both
the funds and programs share a number of common provisions.
Each provide financing to an eligible business in the form
of a grant, low-interest loan, or forgivable loan, and each
provide similar criteria for participation, including a limit
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on the number of individuals that may be employed by the
business. The bill eliminates both the butchery innovation and
revitalization fund and dairy innovation fund. It provides
that DALS rather than IEDA will administer the butchery
innovation and revitalization program. It also changes the
name of the dairy innovation program to the dairy innovation
and revitalization program.
AGRICULTURAL MARKETING —— VALUE-ADDED AGRICULTURAL GRANT
PROGRAM. The bill establishes the value-added agricultural
grant program. The purpose of the program is to support
projects and services that add value to agricultural
commodities produced on Iowa farms (e.g., by processing). The
program has been enacted and supported in recent DALS general
appropriations Acts but not codified (see 2021 Iowa Acts,
chapter 143, section 12; 2022 Iowa Acts, chapter 1147, section
12; and 2023 Iowa Acts, chapter 109, section 4).
AGRICULTURAL MARKETING —— CONSOLIDATION OF FUNDS AND
PROGRAMS. The bill consolidates a number of agricultural
marketing funds and programs in Code chapters 15E and 159
under new Code chapter 187 administered by DALS. The new
Code chapter is divided into three subchapters. Subchapter
I provides three new Code sections, including Code section
187.101 that names the Code chapter, “Choose Iowa Act”; Code
section 187.102 that combines definitions taken from other Code
sections; and Code section 187.103 authorizing DALS to adopt
rules necessary to administer the Code chapter. Subchapter II
includes amended Code section 159.31, establishing the choose
Iowa fund (transferred to Code section 187.201) which will
support all of the Code chapter’s marketing programs. Finally,
subchapter III includes three parts. Part 1 includes amended
Code section 159.28 establishing the choose Iowa promotional
program (transferred to Code section 187.301), Code section
159.29 providing for the choose Iowa logo (transferred to Code
section 187.302), and Code section 159.30 providing for license
agreements and fees (transferred to Code section 187.303).
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Part 2 includes amended Code section 15E.370 providing for the
butchery innovation and revitalization program (transferred to
Code section 187.311) and amended Code section 159.31A creating
the dairy innovation and revitalization program (transferred to
Code section 187.313. Part 3 includes new Code section 187.321
providing for the value-added agricultural grant program. The
bill also provides for transfer of moneys to the choose Iowa
fund from the eliminated butchery innovation and revitalization
fund and dairy innovation fund. The choose Iowa fund also
includes any moneys that had been appropriated to support the
value-added agricultural grant program. Finally, the bill
includes provisions allowing IEDA to wind up its affairs, and
transition provisions.
REGULATION OF COMMERCIAL ESTABLISHMENTS. DALS regulates
commercial establishments that keep certain nonagricultural
animals for commercial purposes on a nonprofit or profit
basis, including an animal shelter, pound, or research
facility issued a certificate of registration (Code sections
162.3, 162.4, and 162.4A); a pet shop, boarding kennel, or
commercial kennel issued a state license (Code sections 162.5,
162.5A, and 162.6); or a dealer, commercial breeder, or public
auction who may elect to be either issued a state license or
a permit. A permit is issued if the person is licensed under
the federal Animal Welfare Act (7 U.S.C. ch. 54) by the United
States department of agriculture (Code sections 162.7, 162.8,
and 162.9A). Code chapter 162 provides special regulations
applicable to a greyhound dog if used for pari-mutuel wagering
at a licensed racetrack (racing greyhound) (Code chapter 99D).
The bill eliminates those special provisions. Currently, a
person is regulated as a commercial breeder and is subject to
license or permit requirements if the person breeds dogs or
cats in exchange for payment with an exception that applies
to a person who keeps three or fewer breeding greyhounds.
The exception does not apply to a person who breeds racing
greyhounds (Code section 162.2). A person applying for a
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state license or permit is required to pay DALS $175 with
an exception for a person who keeps racing greyhounds (Code
section 162.2B). A person who keeps greyhounds must be issued
a state license and is subject to a fee established by DALS
rule which is currently $40 (21 IAC 67.17). A commercial
establishment is required to comply with standard of care
requirements including providing a kept animal with adequate
feed, adequate water, housing facilities, sanitary control,
grooming practices, and veterinary care as required by DALS
rule (Code section 162.10A). A state licensee who is a
commercial breeder keeping a racing greyhound may be required
to comply with different rules adopted by the department.
GRADE “A” MILK REGULATION. Iowa has adopted by reference
the model “Grade ‘A’ Pasteurized Milk Ordinance” as part of
its “Iowa Grade ‘A’ Milk Inspection Law” (Code chapter 192).
The bill makes several editorial changes to improve the Code’s
readability, including by defining the terms “department”
as the department of agriculture and land stewardship and
“secretary” as the secretary of agriculture, and using those
terms consistently throughout the Code chapter. In order to
handle raw milk for pasteurization and processing, a person
must be issued a permit by DALS (Code section 192.107; 21
IAC 68.2). Each year, DALS is required to conduct a survey
of permittees to verify that the milk they handle meets
requirements to be labeled grade “A” for pasteurization. The
bill provides that the survey is to be conducted every other
year. DALS may suspend or revoke a permit for a person who does
not comply with the sanitary requirements.
UNMANIPULATED MANURES. The bill amends a provision in Code
chapter 200, which provides for the regulation of the sale
of fertilizers and soil conditioners by DALS. Specifically,
the bill amends the defined term “unmanipulated manures” which
means any substances composed of excreta or plant remains
that have not been processed. The bill provides that the
term includes such substances processed by dewatering. This
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provision takes effect upon enactment.
EFFECTIVE DATES. The bill takes effect July 1, 2024,
except for three sections that take effect upon enactment.
The sections all relate to agricultural marketing and include
provisions authorizing the transfer of moneys, winding down
affairs by IEDA, and an administrative transition period.
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