Iowa HF 2357: A bill for an act providing for a country of origin label and allowing for injunctive relief.

Bill Text

House
File
2357
-
Introduced

HOUSE
FILE
2357

BY
HUNTER
,
KACENA
,
KEARNS
,
and

GASKILL

A
BILL
FOR

An
Act
providing
for
a
country
of
origin
label
and
allowing
for
1

injunctive
relief.
2

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

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2357

Section
1.
NEW
SECTION
.
191.11
Country
of
origin
labeling
1

program.
2

The
department
shall
adopt
rules
to
establish
a
notice
3

of
country
of
origin
labeling
program
for
beef
and
pork
meat
4

products,
that
includes
muscle
cuts
of
beef,
muscle
cuts
of
5

pork,
ground
beef,
and
ground
pork
sold
in
this
state
on
6

a
retail
basis.
The
rules
shall
be
based
on
regulations
7

requiring
country
of
origin
labeling
for
those
products
as
8

published
in
the
Federal
Register,
Vol.
74,
No.
10,
January
9

15,
2009.
The
department
shall
not
adopt
such
rules
until
it
10

obtains
any
necessary
waiver
from
the
United
States
department
11

of
agriculture
or
until
necessary
legislation
authorizing
the
12

program
is
enacted
by
the
United
States
Congress.
If
the
13

department
determines
that
it
requires
state
legislation
prior
14

to
adopting
any
rules
under
this
section,
the
department
shall
15

prepare
and
submit
such
legislation
for
the
eighty-eighth
16

general
assembly
prior
to
its
first
session
convening.
The
17

department
shall
submit
a
report
to
the
general
assembly
18

not
later
than
January
1,
2019,
detailing
its
progress
in
19

implementing
this
Act.
20

EXPLANATION
21

The
inclusion
of
this
explanation
does
not
constitute
agreement
with
22

the
explanation’s
substance
by
the
members
of
the
general
assembly.
23

BILL’S
PROVISIONS.
This
bill
amends
Code
chapter
191
that
24

sets
forth
labeling
requirements
for
food
products
as
regulated
25

by
the
department
of
agriculture
and
land
stewardship
(DALS).
26

The
bill
requires
DALS
to
adopt
rules
to
establish
a
notice
27

of
country
of
origin
labeling
program
for
beef
and
pork
meat
28

products
sold
in
this
state
on
a
retail
basis.
The
rules
must
29

be
based
on
United
States
department
of
agriculture
regulations
30

published
in
the
Federal
Register
in
2009.
Congress
enacted
31

legislation
that
removed
mandatory
labeling
requirements
32

contained
in
those
rules
pursuant
to
the
“Consolidated
33

Appropriations
Act,
2016”
(Pub.
L.
No.
114-113).
The
bill
34

provides
that
DALS
is
not
to
adopt
such
rules
unless
it
first
35

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obtains
any
necessary
waiver
by
the
United
States
department
1

of
agriculture
or
until
legislation
is
enacted
by
the
United
2

States
Congress
granting
any
necessary
authorization.
If
DALS
3

determines
it
requires
state
legislation
to
further
implement
4

the
program,
it
is
required
to
prepare
such
legislation
for
5

consideration
by
the
88th
General
Assembly
during
its
first
6

session.
DALS
must
submit
a
report
to
the
general
assembly
7

not
later
than
January
1,
2019,
detailing
its
progress
in
8

implementing
the
bill’s
provisions.
9

INJUNCTIVE
RELIEF.
DALS
is
authorized
to
restrain
a
person
10

violating
a
provision
in
the
Code
chapter,
including
a
rule
11

adopted
by
the
agency
by
petition
in
the
district
court
where
12

the
violation
occurs
for
injunctive
relief.
13

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