Relating to homemade food derived from a commodity produced, processed, prepared, offered for sale, or sold on a farm, including by providing for exemptions from certain regulations

These include Code chapters administered by the department of inspections and appeals regulating home bakeries (Code chapter 137D), and food establishments and food processing plants (Code chapter 137F). It also includes Code chapters administered by the department of agriculture and land stewardship, including general provisions (Code chapter 189), the inspection of meat and poultry slaughter facilities (Code chapter 189A), the inspection, testing, and licensing of dairy facilities (Code chapters 192 and 194), and egg handlers (Code chapter 196). Several of the exempted Code chapters provide for the adulteration of food (Code chapter 190) and the labeling of food (Code chapter 191). The department of inspections and appeals is responsible for administering the bill’s provisions. QUALIFYING PRODUCERS AND SELLERS. In order to be exempt from otherwise applicable regulations, the producer must meet certain qualifications including by not having sold more than a certain number of food products or having earned more than a certain amount from those sales in the prior year. In addition, the producer cannot intentionally, knowingly, or recklessly adulterate the farm homemade food.6). INTRASTATE COMMERCE. In order to be exempt, the farm homemade food must derive from a commodity produced, processed, prepared, sold, and transported entirely within this state.7). POTENTIALLY HAZARDOUS FOOD.8).9). Generally, a producer can only offer for sale or sell farm homemade food that includes meat, poultry, or fish produced on the producer’s farm under certain conditions.11). Such an agreement recognizes the consumer’s ownership interest in the livestock or a herd, and the duty of the producer to care for and slaughter the livestock and to process and prepare the meat for on-farm delivery to the consumer-owner. The bill also provides that a producer may offer for sale or sell farm homemade food that includes a poultry product if the poultry product is derived from the slaughter of poultry produced, processed, and prepared by the producer. The producer must not have slaughtered a certain number of birds during the prior year and cannot hold a poultry dealer’s license. Finally, the bill provides that a producer may offer for sale or sell farm homemade food that includes fish (other than catfish) or other aquatic organisms. The fish must be produced, processed, and prepared on the farm owned or leased by the producer.141. SALE PROCEDURES. The bill provides that a person offering for sale or selling farm homemade food must provide a notice to purchasers that the food is governed under the “Iowa Food Freedom Act”. The notice must also inform the purchaser whether the farm homemade food is potentially hazardous, that it is exempt from certain food safety regulations, and that it may contain allergens. The bill prohibits a seller from intermingling farm homemade food with food that is not farm homemade food. The bill includes restrictions regarding the offer for sale or sale of potentially hazardous farm homemade food at the producer’s farm. The retail space where the potentially hazardous food is stored or offered for sale or sold must be segregated from other farm homemade food.12).3).