Text: HF734            Text: HF736


House File 735

HOUSE FILE BY WHITAKER Passed House, Date Passed Senate, Date Vote: Ayes Nays Vote: Ayes Nays Approved A BILL FOR 1 An Act relating to organic food by providing for the duties of 2 the department, establishing a council, and establishing a 3 fund. 4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 5 TLSB 1194HH 82 6 da/cf/24 PAG LIN 1 1 Section 1. NEW SECTION. 190B.1 DEFINITIONS. 1 2 As used in this chapter, unless the context otherwise 1 3 requires: 1 4 1. "Agricultural product" means any agricultural commodity 1 5 or product, whether raw or processed, including any commodity 1 6 or finished product derived from a plant or animal having 1 7 commercial value, including but not limited to the following: 1 8 a. For plants, stalks, trunks and branches, cuttings, 1 9 grafts, scions, leaves, buds, fruit, vegetables, roots, bulbs, 1 10 or seeds. 1 11 b. For animals, muscle tissue, organs, fat, blood, manure, 1 12 bones, milk, wool, hide, pelt, feathers, eggs, semen, embryos, 1 13 or honey. 1 14 2. "Coordinator" means the Iowa foods initiative 1 15 coordinator as provided in section 190B.2. 1 16 3. "Council" means the Iowa organics advisory council 1 17 established pursuant to section 190B.4. 1 18 4. "Department" means the department of agriculture and 1 19 land stewardship. 1 20 5. "Fund" means the Iowa foods initiative fund established 1 21 pursuant to section 190B.5. 1 22 6. "Identity=preserved agricultural product" means an 1 23 agricultural product that may be traced from production 1 24 through handling, processing, and marketing channels to the 1 25 retailer in order to ensure that a specific process or 1 26 characteristic, including but not limited to a genetic trait, 1 27 associated with the agricultural product has been followed or 1 28 is delivered to the final consumer. 1 29 7. "Iowa foods" means identity=preserved agricultural 1 30 products or organic agricultural products that are produced in 1 31 this state and intended for or marketed as foods or which are 1 32 produced in this state and processed into products that are 1 33 intended for or marketed as foods. 1 34 8. "Organic agricultural product" means an agricultural 1 35 product that is certified or otherwise qualifies as organic in 2 1 accordance with the provisions of chapter 190C. 2 2 9. "Secretary" means the secretary of agriculture. 2 3 Sec. 2. NEW SECTION. 190B.2 IOWA FOODS INITIATIVE == 2 4 CREATED. 2 5 1. An Iowa foods initiative is created, which shall 2 6 promote the production, handling, processing, and marketing of 2 7 Iowa foods in a manner that does all of the following: 2 8 a. Provides for sound soil conservation and sustainable 2 9 agricultural practices, enhances the quality of the 2 10 environment, promotes the development of local and statewide 2 11 food systems, expands domestic and foreign markets, 2 12 revitalizes rural communities, and furnishes consumers with 2 13 widely available wholesome food. 2 14 b. Ensures that the majority of the wealth created by Iowa 2 15 agricultural producers is retained in this state, and that 2 16 employment for industries associated with the handling, 2 17 processing, and marketing of Iowa's identity=preserved 2 18 agricultural products and organic agricultural products in 2 19 this state. 2 20 2. The secretary shall appoint an Iowa foods coordinator 2 21 to administer the Iowa foods initiative. 2 22 Sec. 3. NEW SECTION. 190B.3 IOWA FOODS INITIATIVE == 2 23 DUTIES. 2 24 1. The department shall administer the Iowa foods 2 25 initiative provided in section 190B.2 by developing and 2 26 implementing a comprehensive strategy which shall include at 2 27 least all of the following: 2 28 a. Monitoring the production, handling, processing, and 2 29 marketing of identity=preserved agricultural products and 2 30 organic agricultural products in this state. 2 31 b. Serving as an information clearinghouse to assist 2 32 agricultural producers interested in producing identity= 2 33 preserved agricultural products and organic agricultural 2 34 products. The department shall serve as a referral agency to 2 35 assist agricultural producers in obtaining assistance from 3 1 private persons and state and federal agencies, including the 3 2 organic advisory council established pursuant to section 3 3 190C.2, the Iowa cooperative extension service in agriculture 3 4 and home economics at Iowa state university, and the 3 5 department of economic development. The department shall 3 6 establish programs to ensure that interested agricultural 3 7 producers may achieve a practicable transition to producing 3 8 and marketing identity=preserved agricultural products and 3 9 organic agricultural products. 3 10 c. Initiating or supporting programs or projects which 3 11 establish, improve, or expand private and public efforts to 3 12 develop markets for identity=preserved agricultural products 3 13 and organic agricultural products. The department shall 3 14 assist persons in developing infrastructure for the 3 15 production, handling, processing, and marketing of 3 16 identity=preserved agricultural products and organic 3 17 agricultural products, including local distribution systems 3 18 such as grocery stores, restaurants, and farmers markets, and 3 19 direct producer=to=consumer sales by production contract and 3 20 internet sales. 3 21 d. Providing for educational and promotional campaigns, 3 22 including sponsoring events or publishing electronic or 3 23 printed materials which increase the public's awareness of 3 24 identity=preserved agricultural products and organic 3 25 agricultural products and their connection to Iowa farm 3 26 families. The department may design labels or placards which 3 27 identify foods as identity=preserved agricultural products or 3 28 organic agricultural products. 3 29 e. Assisting state and local governments when considering 3 30 legislative or administrative measures which may have an 3 31 impact upon the production, handling, processing, or marketing 3 32 of identity=preserved agricultural products or organic 3 33 agricultural products. The department shall cooperate with 3 34 state and local governments to ensure that when purchasing 3 35 foods, consideration is provided to identity=preserved 4 1 agricultural products and organic agricultural products 4 2 whenever the price and quality are reasonably competitive. 4 3 2. The department and state and local agencies, including 4 4 the department of administrative services, the department of 4 5 corrections, the department of economic development, the state 4 6 department of transportation, the department of natural 4 7 resources, the state board of regents institutions, and the 4 8 state board for community colleges, shall cooperate to carry 4 9 out the department's duties. 4 10 3. The department shall prepare a report as follows: 4 11 a. The report shall describe the status of the state's 4 12 efforts under this chapter to accomplish the purposes of the 4 13 Iowa foods initiative set forth in section 190B.2, and the 4 14 department's performance goals and activities, including 4 15 programs and projects designed to achieve those goals, as 4 16 provided in the department's comprehensive strategy. 4 17 b. The report shall be incorporated into the department's 4 18 annual performance plan and agency strategic plan as provided 4 19 in chapter 8E, subchapter II. The report shall be delivered 4 20 to the legislative services agency not later than February 10 4 21 of each year. 4 22 Sec. 4. NEW SECTION. 190B.4 IOWA ORGANICS ADVISORY 4 23 COUNCIL. 4 24 1. An Iowa organics advisory council is established within 4 25 the department. The council shall consult with the department 4 26 and provide general oversight of the department and its 4 27 administrative operations relative to this chapter. However, 4 28 the council shall not control policy decisions or direct the 4 29 administration of this chapter. The council, in cooperation 4 30 with the coordinator, shall do all of the following: 4 31 a. Develop and review the comprehensive strategy necessary 4 32 to carry out the Iowa foods initiative as provided in section 4 33 190B.3. 4 34 b. Review the operations of the department, establish 4 35 performance goals for the department, and adopt 5 1 recommendations relating to improving the functions of the 5 2 department as is necessary to further the Iowa foods 5 3 initiative as provided in section 190B.2. 5 4 c. Encourage the full support of initiatives of the 5 5 department performed pursuant to its comprehensive strategy as 5 6 provided in section 190B.3. 5 7 2. The council shall be composed of all of the following: 5 8 a. Four members who shall include all of the following: 5 9 (1) The chairperson of the organic advisory council as 5 10 provided in section 190C.2. 5 11 (2) The director of the Leopold center for sustainable 5 12 agriculture as provided in section 266.39. 5 13 (3) A person appointed by the director of the department 5 14 of economic development who shall be familiar with that 5 15 department's agricultural marketing programs and the value= 5 16 added agricultural products and processes financial assistance 5 17 program as provided in section 15E.111. 5 18 (4) A person appointed by the president of Iowa state 5 19 university who is a specialist in organic agricultural 5 20 production and associated with the Iowa cooperative extension 5 21 service in agriculture and home economics. 5 22 b. Nine public members who shall be appointed by the 5 23 secretary. The public members must be presently actively 5 24 engaged or have long been actively engaged in the production, 5 25 handling, processing, or marketing of identity=preserved 5 26 agricultural products and organic agricultural products. The 5 27 membership must include at least one person who has been 5 28 involved in producing identity=preserved agricultural 5 29 products. The membership must include at least four persons 5 30 who have been involved in producing organic agricultural 5 31 products. At least one member must be a member of the Iowa 5 32 food policy council and at least one member must be a member 5 33 of the practical farmers of Iowa. 5 34 (1) The secretary shall appoint the public members based 5 35 on a list of nominations submitted by organizations 6 1 representing areas of expertise in the production, handling, 6 2 processing, and marketing of identity=preserved agricultural 6 3 products and organic agricultural products, as certified by 6 4 the department according to requirements of the department. 6 5 (2) Appointments of the public members are subject to the 6 6 requirements of sections 69.16 and 69.16A. In addition, the 6 7 appointments shall be geographically balanced. Unless the 6 8 secretary determines that it is not feasible, at least one 6 9 member must reside in each of the six geographic regions known 6 10 as state fair board districts as provided in section 173.4A. 6 11 The members shall be confirmed by the senate, pursuant to 6 12 section 2.32. 6 13 (3) The members shall serve five=year terms beginning and 6 14 ending as provided in section 69.19. However, the secretary 6 15 shall appoint initial members to serve for less than five 6 16 years to ensure members serve staggered terms. A member is 6 17 eligible for reappointment. A vacancy on the council shall be 6 18 filled for the unexpired portion of the regular term in the 6 19 same manner as regular appointments are made. 6 20 3. The council shall elect a chairperson from among its 6 21 public members each year on a rotating basis as provided by 6 22 the council. The council shall meet on a regular basis and at 6 23 the call of the chairperson or upon the written request to the 6 24 chairperson of five or more public members. 6 25 4. Members are not entitled to receive compensation but 6 26 public members shall receive reimbursement of expenses from 6 27 the department as provided in section 7E.6. 6 28 5. Seven members constitute a quorum and the affirmative 6 29 vote of a majority of both the nonpublic members and public 6 30 members present is necessary for any substantive action to be 6 31 taken by the council. The majority shall not include any 6 32 member who has a conflict of interest and a statement by a 6 33 member that the member has a conflict of interest is 6 34 conclusive for this purpose. A vacancy in the membership does 6 35 not impair the duties of the council. 7 1 6. The department shall assist the council in carrying out 7 2 the council's duties relative to the Iowa foods initiative by 7 3 doing all of the following: 7 4 a. Furnishing facilities, supplies, and clerical 7 5 assistance. The coordinator shall staff the council. 7 6 b. Executing contracts with or awarding moneys for 7 7 programs or projects as provided in section 190B.3. 7 8 c. Administer the Iowa foods initiative fund as provided 7 9 in section 190B.5. 7 10 Sec. 5. NEW SECTION. 190B.5 IOWA FOODS INITIATIVE FUND. 7 11 1. An Iowa foods initiative fund is created in the state 7 12 treasury under the control of the department. The fund is 7 13 composed of moneys appropriated by the general assembly and 7 14 moneys available to and obtained or accepted by the department 7 15 from the United States or private sources for placement in the 7 16 fund. 7 17 2. Moneys in the fund are appropriated to the department 7 18 exclusively to administer its duties as provided in section 7 19 190B.3. 7 20 3. Section 8.33 shall not apply to moneys in the fund. 7 21 Notwithstanding section 12C.7, moneys earned as income or 7 22 interest from the fund shall remain in the fund until expended 7 23 as provided in this section. 7 24 EXPLANATION 7 25 This bill provides for an Iowa foods initiative, which is 7 26 to promote the production, handling, processing, and marketing 7 27 of Iowa's foods which are identity=preserved agricultural 7 28 products or organic agricultural products that are produced in 7 29 this state and intended for or marketed as foods or 7 30 agricultural products processed in this state and intended for 7 31 or marketed as foods. 7 32 The bill provides that the department of agriculture and 7 33 land stewardship is responsible for administering the 7 34 initiative. The bill provides for the appointment of a 7 35 coordinator to administer the initiative. The department is 8 1 responsible for carrying out the initiative by implementing a 8 2 comprehensive strategy which must include: (1) monitoring the 8 3 current status of the production, handling, processing, and 8 4 marketing of identity=preserved agricultural products and 8 5 organic agricultural products; (2) serving as an information 8 6 clearinghouse to assist agricultural producers interested in 8 7 producing those products; (3) initiating or supporting 8 8 programs or projects which establish, improve, or expand 8 9 private and public efforts to develop markets for the 8 10 products; (4) providing for educational and promotional 8 11 campaigns designed to increase the public's awareness of the 8 12 products; and (5) assisting state and local governments when 8 13 considering legislative or administrative measures which may 8 14 have an impact upon the production, handling, processing, or 8 15 marketing of the products. The bill requires state and local 8 16 agencies to cooperate with the department in performing its 8 17 duties. The department is required to submit an annual report 8 18 to the legislative services agency regarding its activities 8 19 and goals. 8 20 The bill also establishes an Iowa organics advisory 8 21 council. The council is to provide general oversight of the 8 22 department's administration of the initiative and assist the 8 23 department in developing and carrying out its comprehensive 8 24 strategy. The council is composed of state officials who have 8 25 knowledge regarding identity=preserved agricultural products 8 26 and organic agricultural products, and public members 8 27 appointed by the secretary of agriculture who are presently 8 28 actively engaged or have long been actively engaged in the 8 29 production, handling, processing, or marketing of 8 30 identity=preserved agricultural products and organic 8 31 agricultural products. The bill provides a number of 8 32 procedures for the appointment, voting, conduct of meetings, 8 33 and reimbursement of members, which is consistent with other 8 34 statutes establishing citizen appointed members of official 8 35 bodies. The bill requires the department to assist the 9 1 council in performing its duties. 9 2 Finally, the bill establishes an Iowa foods initiative fund 9 3 under the control of the department. Moneys in the fund are 9 4 appropriated to the department exclusively to assist the 9 5 department in carrying out its duties under the bill. 9 6 LSB 1194HH 82 9 7 da:nh/cf/24
Text: HF734            Text: HF736