House Study Bill 111



                                    HOUSE FILE       
                                    BY  (PROPOSED COMMITTEE ON
                                        AGRICULTURE BILL BY
                                        CHAIRPERSON SWEENEY)

                                         A BILL FOR

     1 An Act providing for the transfer of duties relating
     2    to the certification of milk from the department of
     3    public health to the department of agriculture and land
     4    stewardship, providing for the transition, and providing an
     5    appropriation.
     6 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
       TLSB 2484YC (3) 84
       da/nh

PAG LIN



  1  1    Section 1.  Section 192.109, Code 2011, is amended to read
  1  2 as follows:
  1  3    192.109  Certification of grade "A" label.
  1  4    The Iowa department of public health agriculture and
  1  5 land stewardship shall annually survey and certify all
  1  6 milk labeled grade "A" pasteurized and grade "A" raw milk
  1  7 for pasteurization, and, in the event a survey shows the
  1  8 requirements for production, processing, and distribution for
  1  9 such grade are not being complied with, the fact thereof shall
  1 10 be certified by the Iowa department of public health to the
  1 11 secretary of agriculture who shall proceed with the provisions
  1 12 of section 192.107 for suspending the permit of the violator or
  1 13 who, if the secretary did not issue such permit, shall withdraw
  1 14 the grade "A" declared on the label.
  1 15    Sec. 2.  ADMINISTRATIVE RULES ==== TRANSITION PROVISIONS.
  1 16    1.  Any rule, regulation, form, order, or directive
  1 17 promulgated by the department of public health as required to
  1 18 administer and enforce the provisions of section 192.109 shall
  1 19 continue in full force and effect until amended, repealed,
  1 20 or supplemented by affirmative action of the department of
  1 21 agriculture and land stewardship.
  1 22    2.  An administrative hearing or court proceeding arising
  1 23 out of an enforcement action under section 192.109 pending
  1 24 on the effective date of this Act shall not be affected due
  1 25 to this Act. Any cause of action or statute of limitation
  1 26 relating to an action taken by the department of public health
  1 27 shall not be affected as a result of this Act and such cause
  1 28 or statute of limitation shall apply to the department of
  1 29 agriculture and land stewardship.
  1 30    3.  Any personnel in the state merit system of employment
  1 31 who are mandatorily transferred due to the effect of this Act
  1 32 shall be so transferred without any loss in salary, benefits,
  1 33 or accrued years of service.
  1 34    4.  Any replacement of signs, logos, stationery, insignia,
  1 35 uniforms, and related items that is made necessary due to
  2  1 the effect of this Act shall be done as part of the normal
  2  2 replacement cycle for such items.
  2  3    Sec. 3.  DEPARTMENT OF AGRICULTURE AND LAND STEWARDSHIP ====
  2  4 CERTIFICATION OF MILK.  There is appropriated from the general
  2  5 fund of the state to the department of agriculture and land
  2  6 stewardship for the fiscal year beginning July 1, 2011, and
  2  7 ending June 30, 2012, the following amount, or so much thereof
  2  8 as is necessary, to be used for the purposes designated:
  2  9    For purposes of performing functions pursuant to section
  2 10 192.109, including conducting a survey of grade "A" milk
  2 11 and certifying the results to the secretary of agriculture,
  2 12 including salaries, support, maintenance, miscellaneous
  2 13 purposes, and for not more than the following full=time
  2 14 equivalent positions:
  2 15 .................................................. $    189,196
  2 16 ............................................... FTEs       2.00
  2 17                           EXPLANATION
  2 18    This bill relates to the regulation of milk or milk
  2 19 products, including labeling requirements (Code chapter 191)
  2 20 or production, processing, or distribution requirements (Code
  2 21 chapter 192), as administered and enforced by the department of
  2 22 agriculture and land stewardship.  A person who stores, brings,
  2 23 sends, or receives milk or milk products into this state for
  2 24 commercial purposes must be issued a permit by the department
  2 25 (Code section 192.107).
  2 26    The department of public health annually surveys and
  2 27 certifies to the department of agriculture and land stewardship
  2 28 whether milk or milk products comply with the requirements.
  2 29 The secretary of agriculture then must suspend the permit
  2 30 of a violator or withdraw the grade "A" label (Code section
  2 31 192.109).  The bill transfers the certification authority
  2 32 from the department of public health to the department of
  2 33 agriculture and land stewardship.
  2 34    The bill provides transitional provisions to assist the
  2 35 departments in accomplishing the transfer.  The provisions
  3  1 relate to the validity of existing rules, regulations, forms,
  3  2 orders, and directives promulgated by the department of public
  3  3 health; pending enforcement actions; the transfer of personnel;
  3  4 and the replacement of items with insignia.
  3  5    The bill appropriates moneys from the general fund of the
  3  6 state and allocates full=time equivalent positions to the
  3  7 department of agriculture and land stewardship for purposes
  3  8 of conducting the survey and certifying the results to the
  3  9 secretary of agriculture.
       LSB 2484YC (3) 84
       da/nh