Iowa SF 404: A bill for an act providing for the regulation of certain food products by using the term meat.

Bill Text

Senate
File
404
-
Introduced

SENATE
FILE
404

BY
CARLIN

A
BILL
FOR

An
Act
providing
for
the
regulation
of
certain
food
products
by
1

using
the
term
meat.
2

BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
3

TLSB
2203XS
(2)
88

da/rn

S.F.
404

Section
1.
NEW
SECTION
.
137F.7A
Suspension
or
revocation
of
1

licenses
——
advertising
and
sale
of
food
products
falsely
using
2

the
term
“meat”.
3

A
regulatory
authority
may
suspend
or
revoke
a
license
4

issued
to
a
person
under
this
chapter
if
the
person
is
a
5

food
product
vendor
as
defined
in
section
137G.1
and
the
6

food
product
vendor
violates
section
137G.2.
The
regulatory
7

authority
shall
take
such
action
in
accordance
with
rules
8

adopted
by
the
department
of
inspections
and
appeals
in
9

consultation
with
the
attorney
general
and
the
department
of
10

agriculture
and
land
stewardship.
11

Sec.
2.
NEW
SECTION

.
137G.1
Definitions.
12

As
used
in
this
chapter,
unless
the
context
otherwise
13

requires:
14

1.
a.
“Advertise”
means
to
present
a
commercial
message
by
15

auditory
or
visual
means,
including
but
not
limited
to
verbal
16

articulation
or
by
any
print
or
electronic
medium.
17

b.
“Advertise”
includes
but
is
not
limited
to
a
message
18

conveyed
by
a
printed
sign,
label,
tag,
or
by
radio,
19

television,
or
computer
transmission.
20

2.
“Animal”
means
a
nonhuman
species
of
mammal,
bird,
or
21

fish.
22

3.
“Department”
means
the
department
of
inspections
and
23

appeals.
24

4.
“Federal
food
product
agency”
means
the
United
States
25

department
of
agriculture
or
the
United
States
food
and
drug
26

administration.

27

5.
“Food
product”
means
food
as
defined
in
section
28

137F.1,
including
an
ingredient
in
food,
that
is
presented,
29

prepared,
manufactured,
or
otherwise
processed,
preserved,
or
30

packaged
for
sale
and
which
is
ordinarily
purchased
for
human
31

consumption
in
accordance
with
applicable
state
or
federal
32

law,
including
but
not
limited
to
regulations
promulgated
by
33

a
federal
food
product
agency.
34

6.
a.
“Food
product
vendor”
means
a
person
engaged
in
the
35

-1-

LSB
2203XS
(2)
88

da/rn
1/
6

S.F.
404

sale
of
a
food
product
to
the
public
in
the
ordinary
course
of
1

the
person’s
business,
regardless
of
whether
such
food
product
2

is
ordinarily
purchased
for
human
consumption
on
or
off
the
3

premises
where
the
sale
occurred.
4

b.
“Food
product
vendor”
includes
but
is
not
limited
to
a
5

grocery
store
as
defined
in
section
137F.1,
market,
restaurant,
6

cafeteria,
delicatessen,
bakery,
or
other
eat-in,
delivery,
or
7

carry-out
service.
8

7.
“Sale”
or
“sell”
means
any
transfer
of
title
or
9

possession
of
a
food
product
to
the
ultimate
consumer
by
10

agreement
or
any
other
means
in
exchange
for
consideration,
11

including
but
not
limited
to
by
currency,
exchange,
or
barter.
12

Sec.
3.
NEW
SECTION

.
137G.2
Prohibition.
13

1.
A
food
product
vendor
shall
not
advertise
for
sale
or
14

sell
a
food
product
by
using
the
term
“meat”
including
any
15

variation
of
that
term,
unless
such
food
product
derives
from
16

an
animal’s
muscle
tissue,
fat,
gland,
or
organ.
17

2.
The
department
may
exempt
from
the
provisions
of
18

subsection
1
any
advertising
for
sale
or
the
selling
of
a
food
19

product
if
the
department
determines
that
the
advertisement
20

would
not
mislead
a
reasonable
consumer
purchasing
the
food
21

product
on
a
retail
basis.
22

3.
Subsection
1
does
not
apply
to
advertising
for
sale
23

or
selling
a
food
product
by
describing
the
food
product
as
24

comparable
to
meat
or
as
a
substitute
to
meat.
However,
such
25

a
description
must
be
presented
in
a
manner
that
would
not
26

mislead
a
reasonable
consumer
purchasing
the
food
product
on
a
27

retail
basis.

28

4.
Subsection
1
does
not
apply
if
a
food
product
vendor
29

could
not
have
reasonably
known
that
a
food
product
as
30

advertised
did
not
derive
from
an
animal’s
muscle
tissue,
fat,
31

gland,
or
organ.
32

Sec.
4.
NEW
SECTION

.
137G.3
Administration
and
enforcement
33

——
general.

The
department
shall
administer
and
enforce
this
chapter
in
35

-2-

LSB
2203XS
(2)
88

da/rn
2/
6

S.F.
404

consultation
with
the
attorney
general
and
the
secretary
of
1

agriculture.
2

Sec.
5.
NEW
SECTION

.
137G.4
Investigations,
complaints,
3

inspections,
and
examinations.
4

1.
The
department
may
conduct
an
investigation
to
determine
5

if
a
food
product
vendor
is
complying
with
the
requirements
of
6

section
137G.2.
7

2.
The
department
may
receive
a
complaint
from
any
person
8

regarding
a
violation
of
this
chapter.
The
department
may
9

adopt
procedures
for
persons
filing
complaints.
The
department
10

may
establish
procedures
for
processing
complaints
including
11

requiring
minimum
information
to
determine
the
verifiability
12

of
a
complaint.
13

3.
The
department
may
conduct
an
examination
of
a
food
14

product
in
order
to
determine
if
the
food
product
is
advertised
15

in
compliance
with
section
137G.2.
The
department
may
enter
16