189A.7 - POWERS OF SECRETARY OF AGRICULTURE.
189A.7 POWERS OF SECRETARY OF AGRICULTURE.
In order to accomplish the objective stated in section 189A.3 the
secretary may:
1. Remove inspectors from any establishment that fails to destroy
condemned products as required under section 189A.5, subsection 2,
paragraph "b".
2. Refuse to provide inspection service under this chapter with
respect to any establishment for causes specified in section 401 of
the federal Meat Inspection Act or section 18 of the federal Poultry
Products Inspection Act.
3. Order labeling and containers to be withheld from use if the
secretary determines that the labeling is false or misleading or the
containers are of a misleading size or form.
4. By regulations prescribe the sizes and style of type to be
used for labeling information required under this chapter, and
definitions and standards of identity or composition or standards of
fill of container, consistent with federal standards, when the
secretary deems such action appropriate for the protection of the
public and after consultation with the secretary of agriculture of
the United States.
5. By regulations prescribe conditions of storage and handling of
livestock products and poultry products by persons engaged in the
business of buying, selling, freezing, storing, or transporting such
articles in or for intrastate commerce to assure that such articles
will not be adulterated or misbranded when delivered to the consumer.
6. Require that equines be slaughtered and prepared in
establishments separate from establishments where other livestock are
slaughtered or their products are prepared.
7. By regulations require that every person engaged in business
in or for intrastate commerce as a broker, renderer, animal food
manufacturer, or wholesaler or public warehouser of livestock or
poultry products, or engaged in the business of buying, selling, or
transporting in intrastate commerce any dead, dying, disabled, or
diseased livestock or poultry or parts of the carcasses of any such
animals, including poultry, that died otherwise than by slaughter
shall register with the secretary the person's name and the address
of each place of business at which and all trade names under which
the person conducts such business.
8. Adopt by reference or otherwise such provisions of the rules
and regulations under the federal Acts, with such changes therein as
the secretary deems appropriate to make them applicable to operations
and transactions subject to this chapter, which shall have the same
force and effect as if promulgated under this chapter, and promulgate
such other rules and regulations as the secretary deems necessary for
the efficient execution of the provisions of this chapter, including
rules of practice providing opportunity for hearing in connection
with issuance of orders under section 189A.5, subsection 2, paragraph
"e", and subsection 1, 2, or 3 of this section and prescribing
procedures for proceedings in such cases; however, this shall not
preclude a requirement that a label or container be withheld from
use, or a refusal of inspection pursuant to the sections cited herein
pending issuance of a final order in any such proceeding.
9. Appoint and prescribe the duties of such inspectors and other
personnel as the secretary deems necessary for the efficient
execution of the provisions of this chapter.
10. Cooperate with the secretary of agriculture of the United
States in administration of this chapter to effectuate the purposes
stated in section 189A.3; accept federal assistance for that purpose
and spend public funds of this state appropriated for administration
of this chapter to pay the state's proportionate share of the
estimated total cost of the cooperative program.
11. Recommend to the secretary of agriculture of the United
States for appointment to the advisory committees provided for in the
federal Acts, such officials or employees of the Iowa meat and
poultry inspection service as the secretary shall designate.
12. Serve as a representative of the governor for consultation
with said secretary under paragraph "c" of section 301 of the federal
Meat Inspection Act and paragraph "c" of section 5 of the federal
Poultry Products Inspection Act unless the governor selects another
representative. Section History: Early Form
[C71, 73, 75, 77, 79, 81, § 189A.7] Section History: Recent Form
2009 Acts, ch 41, §207
Referred to in § 189A.2, 189A.10