Text: HSB110            Text: HSB112


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administer and enforce the provisions of section 192.109 shall 1 19 continue in full force and effect until amended, repealed, 1 20 or supplemented by affirmative action of the department of 1 21 agriculture and land stewardship. 1 22 2.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
Text: HSB110            Text: HSB112