House File 375 - Introduced




                                 HOUSE FILE       
                                 BY  MURPHY

                                      A BILL FOR

  1 An Act providing labeling requirements for certain genetically
  2    modified agricultural commodities and products, making
  3    penalties applicable, providing penalties, and including
  4    effective date provisions.
  5 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
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PAG LIN



  1  1                           DIVISION I
  1  2             GENETICALLY MODIFIED AGRICULTURAL SEEDS
  1  3    Section 1.  Section 199.1, subsection 2, Code 2011, is
  1  4 amended to read as follows:
  1  5    2.  "Agricultural seed" means grass, forage, cereal, oil,
  1  6 fiber, and any other kind of crop seed commonly recognized
  1  7 within this state as agricultural seed, lawn seed, vegetable
  1  8 seed, or seed mixtures. Agricultural seed "Agricultural
  1  9 seed" includes such seed regardless of whether it has been
  1 10 genetically modified. "Agricultural seed" may include any
  1 11 additional seed the secretary designates by rules rule.
  1 12    Sec. 2.  Section 199.1, Code 2011, is amended by adding the
  1 13 following new subsection:
  1 14    NEW SUBSECTION.  6A.  "Genetically modified" means to
  1 15 alter the genetic characteristics of a plant by modifying the
  1 16 deoxyribonucleic acid of the plant's seed in a manner other
  1 17 than by breeding or pollination.
  1 18    Sec. 3.  NEW SECTION.  199.7A  Agricultural seed offer ====
  1 19 disclosure.
  1 20    A person required to label a container of agricultural seed
  1 21 pursuant to section 199.3 shall not sell genetically modified
  1 22 agricultural seed in a container, unless the person segregates
  1 23 the per=container costs associated with making the genetic
  1 24 modifications and the per=container costs of the agricultural
  1 25 seed had it not been genetically modified.  The segregated
  1 26 costs shall be made available to a person who may purchase the
  1 27 genetically modified agricultural seed prior to the purchase.
  1 28 The person required to label the container may provide the
  1 29 segregated costs in a printed format or on their internet
  1 30 website.
  1 31                           DIVISION II
  1 32                    GENETICALLY MODIFIED MILK
  1 33                       AND DAIRY PRODUCTS
  1 34    Sec. 4.  NEW SECTION.  191.9A  Synthetic bovine growth hormone
  1 35 ==== penalty.
  2  1    1.  As used in this section, unless the context otherwise
  2  2 requires:
  2  3    a.  "Dairy product" means a milk product or any product in
  2  4 which milk is a principal ingredient at any temperature and in
  2  5 either a manufactured or unmanufactured state.  "Dairy product"
  2  6 includes but is not limited to butter, condensed milk, cheese,
  2  7 cream, cottage cheese, ricotta cheese, sour cream, yogurt, or
  2  8 ice cream.
  2  9    b.  "Milk" means any milk that is regulated by the department
  2 10 under chapter 192, including as provided in the Grade "A"
  2 11 Pasteurized Milk Ordinance, as provided in section 192.102.
  2 12    c.  "Synthetic bovine growth hormone" means a genetically
  2 13 engineered protein derived from bovine somatotropin and
  2 14 referred to as recombinant bovine somatotropin or recombinant
  2 15 bovine growth hormone.
  2 16    2.  This section applies to milk originating from a dairy
  2 17 herd in this state if the milk is sold in this state on a retail
  2 18 basis, or to a dairy product that is derived from such milk,
  2 19 if the dairy product is manufactured in this state and sold in
  2 20 this state on a retail basis.  The milk or dairy product must be
  2 21 labeled as provided in this section.  The label shall notify
  2 22 the public of any of the following:
  2 23    a.  The milk is produced from a dairy herd that has been
  2 24 administered with a synthetic bovine growth hormone or the
  2 25 dairy product is derived from such milk.
  2 26    b.  The milk may have been produced from a dairy herd that
  2 27 has been administered with a synthetic bovine growth hormone or
  2 28 the dairy product is derived from such milk.
  2 29    c.  The milk has not been produced from a dairy herd that has
  2 30 been administered with a synthetic bovine growth hormone or the
  2 31 dairy product is derived from such milk.  For labeling pursuant
  2 32 to this paragraph, the department shall require the use of
  2 33 affidavits from milk producers stating that the dairy herd was
  2 34 not administered with synthetic bovine growth hormones.
  2 35    3.  The department shall develop label requirements by rule
  3  1 for operators of milk plants required to be issued a permit
  3  2 under chapter 192, food establishments or food processing
  3  3 plants required to be issued a license pursuant to chapter
  3  4 137F, and home food establishments required to be issued a
  3  5 license pursuant to chapter 137D.  The requirements shall
  3  6 include provisions for a label indicating that milk or milk
  3  7 used to produce a dairy product is "farmer=certified free" or
  3  8 an equivalent statement.
  3  9    4.  This section applies notwithstanding section 189.11.
  3 10    5.  A person who knowingly sells milk or a dairy product in
  3 11 violation of this section is subject to a civil penalty of not
  3 12 more than one thousand dollars.  Each day that the violation
  3 13 continues constitutes a separate violation. Civil penalties
  3 14 shall be assessed by the district court in an action initiated
  3 15 by the department or attorney general.  Civil penalties
  3 16 collected under this section shall be deposited in the general
  3 17 fund of the state.
  3 18    6.  In addition to the remedies provided in section 191.10,
  3 19 an individual or private organization or association may bring
  3 20 an action in district court to restrain a person from selling
  3 21 milk or a dairy product in violation of this section.  A
  3 22 petitioner shall not be required to allege facts necessary to
  3 23 show, or tending to show, a lack of adequate remedy at law, or
  3 24 that irreparable damage or loss will result if the action is
  3 25 brought at law or that unique or special circumstances exist.
  3 26    7.  A person may sell milk or a dairy product that is  labeled
  3 27 for retail sale in another state the label of which indicates
  3 28 that the milk or dairy product is not produced from  a dairy
  3 29 herd being administered synthetic bovine growth hormone only
  3 30 if the milk or dairy product is from a state identified by the
  3 31 department as having laws comparable to this state's laws on
  3 32 labeling milk or dairy products not produced with synthetic
  3 33 bovine growth hormone and is labeled in compliance with the
  3 34 laws of that state.
  3 35    Sec. 5.  RULES.  The department of agriculture and land
  4  1 stewardship shall adopt rules necessary in order to administer
  4  2 this division of this Act.
  4  3    Sec. 6.  EFFECTIVE DATE.  This division of this Act takes
  4  4 effect January 1, 2012. However, the section of this division
  4  5 of this Act requiring the department of agriculture and land
  4  6 stewardship to adopt rules shall take effect upon enactment.
  4  7                           EXPLANATION
  4  8    DIVISION I ==== GENETICALLY MODIFIED AGRICULTURAL SEEDS.  This
  4  9 division of this bill amends Code chapter 199, Iowa's seed law,
  4 10 which generally provides for labeling requirements.  The bill
  4 11 amends the Code chapter's definition of "agricultural seed"
  4 12 which includes grass, forage, cereal, oil, fiber, and any other
  4 13 kind of crop seed, lawn seed, vegetable seed, or seed mixture.
  4 14 The bill provides that "agricultural seed" includes any such
  4 15 seed regardless of whether it has been genetically modified
  4 16 (changing its genetic characteristics in a manner other than
  4 17 breeding or pollination).
  4 18    The bill provides that a person required to label a
  4 19 container of agricultural seed cannot sell genetically modified
  4 20 agricultural seed in a container, unless the person segregates
  4 21 the per=container costs associated with making the genetic
  4 22 modifications and the per=container costs of the agricultural
  4 23 seed if it had not been genetically modified.  The bill
  4 24 provides that the labeler must provide the segregated costs in
  4 25 a printed format or on their internet website.
  4 26    Code section 199.13 provides that a person who violates
  4 27 the provisions of the Code chapter is guilty of a simple
  4 28 misdemeanor.  A simple misdemeanor is punishable by confinement
  4 29 for no more than 30 days or a fine of at least $65 but not more
  4 30 than $625 or by both.
  4 31    DIVISION II ==== GENETICALLY MODIFIED MILK AND DAIRY PRODUCTS.
  4 32  This division of the bill amends Code chapter 191 which
  4 33 regulates the labeling of foods in Iowa, including milk and
  4 34 dairy products.  The Code chapter is administered by the
  4 35 department of agriculture and land stewardship.
  5  1 The bill provides that milk and related dairy products must
  5  2 be labeled to indicate whether the originating dairy herd
  5  3 producing the milk was administered a synthetic bovine growth
  5  4 hormone also referred to as recombinant bovine somatotropin
  5  5 (rbST) or recombinant bovine growth hormone (rbGH).  The bill
  5  6 provides labeling requirements for the retail sale of milk
  5  7 produced in this state or a dairy product manufactured in
  5  8 this state which uses milk produced in this state.  The label
  5  9 must indicate whether the milk may have been, was, or was not
  5 10 produced from a herd in this state which was administered with
  5 11 a synthetic bovine growth hormone.  A label stating that milk
  5 12 was not produced from a herd administered with a synthetic
  5 13 bovine growth hormone must be verified by the signed affidavit
  5 14 of the producer.  The department is required to develop label
  5 15 requirements, including a label indicating that the milk or
  5 16 dairy product is "farmer=certified rbGH free".
  5 17    The bill provides that a person who knowingly sells milk or
  5 18 a dairy product in violation of the bill is subject to a civil
  5 19 penalty of not more than $1,000 for each day of the violation.
  5 20 Currently, the department may bring an action in district
  5 21 court in order to restrain a person from selling milk or a
  5 22 dairy product which violates state labeling laws (Code section
  5 23 191.10).  The bill provides the same right to an individual
  5 24 or private organization or association. The bill includes a
  5 25 reciprocity provision with other states that have provisions
  5 26 similar to the bill.
  5 27    Division II takes effect on January 1, 2012, except for the
  5 28 provision authorizing the department of agriculture and land
  5 29 stewardship to adopt rules, which takes effect upon enactment.
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