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Model Tribal Food and Agriculture Code

The Model Food and Agriculture Code project serves as a resource for tribal governments to provide model codes in food and agriculture for review, adoption and implementation.  These codes will support and facilitate agriculture production, food systems improvement and health outcomes improvement in Indian Country.

 

CHAPTER ONE: General Provisions

  1. Preamble; Purpose and Construction; Sovereign Immunity.
  2. Establishing a Tribal Department of Agriculture
    1. Creation of Tribal Department of Agriculture
      1. Creation
      2. Responsibilities
    2. Commissioner of Agriculture; Powers and Authority
      1. Creation of office; appointment
      2. Authority; duties
      3. Qualifications
      4. Creation of subordinate offices
      5. Compensation of appointed officials
    3. Departmental organization
      1. Structure
      2. Subject matter areas

CHAPTER TWO: Traditional Foods

  1. Protection of Traditional Foods & Seeds
    1. Cultural Property Protection Act
      1. Jurisdiction
      2. Definitions
      3. Cultural Property; protections; prohibitions
      4. Exemptions
      5. Patenting of cultural property prohibited
      6. Unlawful interference with cultural property—biological or genetic material
      7. Research of cultural property
      8. Savings Clause
      9. Effective date

CHAPTER THREE: Health and Nutrition

  1. Tribal Community Gardening Act
    1. Short title
    2. Definitions
    3. Findings
    4. Community gardening, public and private lands
    5. Food safety
    6. Donated food; limited liability
  2. Healthy and Indigenous Food Procurement Act
    1. Definitions
    2. Findings and purpose
    3. Standards for food and beverages solid through vending machines
    4. Standards for food and beverages served or provided through Tribal dining program or community events
    5. Healthy and Traditional Powwow Food and Beverage Vendors Incentive Program
    6. Implementation and Monitoring
    7. Effective Date
  3. Community Wellness Promotion Law (Sweetened Beverage and Processed Food Sales Tax Act)
    1. Title
    2. Purpose
    3. Definitions
    4. Sweetened Beverage Excise Tax
    5. Pass-Through to Retail Customers
    6. Payment of Tax
    7. Liability for Unpaid taxes
    8. Relationship to other taxes
    9. Exemptions
    10. Dedicated revenues
    11. Intergovernmental agreements
    12. Severability
  4. Food Conservation
    1. Definitions
    2. Wild Game; Offense to Waste
    3. Donation of Wild game, fish, and traditional foods
    4. Tribal Limited Liability Food Donation Act
    5. Donating Animal Feed
    6.  Tax Incentives for food recovery

CHAPTER FOUR: Regulation and Control of Animals and Livestock

  1. Branding and Marking
    1. Definitions
    2.  Creation of Tribal Branding Office; Authority; Duties
    3. Tribal Branding Offices; Rules
    4. Branding; When required
    5. Recording a Brand
    6. Application procedures
    7. Fees
    8. Renewing a brand
    9. Reserved marks
    10. Sale or transfer of brand or mark
    11. Brands of minors
    12. Records of brands; Brand Book Publication
    13. Misuse of brands; penalties
  2. Fencing and Strays
    1. Policy, applicability, short title
    2. Definitions
    3. Legal and sufficient fence, when and where required
    4. At large animals, trespass, stray; impound procedures
    5. Liability of livestock owner for damages; recoverable damages; liens
    6. Open range district formation; grazing; signage
  3. Antibiotics
    1. Short Title and Policy
    2. Scope of subtitle
    3. Definitions
    4. Administration of medically important antimicrobial drug; order by licensed veterinarian
    5. Collection of data
    6. Authority to request and receive copies of veterinary feed directives
    7. Penalties
  4. Animal Feed Standards
    1. Definitions
    2. Tribal Commercial Animal Feed Act
      1. Administration of Act
      2. Standards development
      3. Exemptions
      4. Prohibitions regarding commercial feed
      5. Misbranding
      6. Adulteration
      7. Labeling requirements
      8. Registration of commercial feed
    3. Garbage fed to swine or other animals
      1. Generally
      2. Exemption for heat treated or rendered material
      3. Penalties
  5. Concentrated Animal Feeding Operations Act.
    1. Short Title & Policy
    2. Definitions
    3. Two or more concentrated animal feeding operations
    4. Operations requiring permits
    5. Permit requirements
    6. Fees for animal feeding operation permit
  6. Humane Treatment of Animals and Livestock
    1. Cruelty to Animals prohibited
    2. Exemptions
      1. Veterinary medicine
      2. Accepted Animal husbandry practices
      3. Commonly accepted rodeo practices
      4. Working dogs
      5. Predatory animals
    3. Penalties
    4. Definitions

CHAPTER FIVE: Slaughter of Animals and Sale of Meat

  1. Slaughter of Animals and Livestock
    1. Definitions
    2. Slaughter and offer for sale
    3. Requirement of license
    4. Preslaughter brand inspection
    5. Seizure of livestock
    6. Quarantine
      1. Animal
      2. Poultry
    7. Humane slaughter
  2. Mobile Slaughter & Licensing

CHAPTER SIX: Horses

  1. Tribal Horse Protection & Humane Treatment Act
    1. Policy, applicability, short title
    2. General Provisions
    3. Definitions
    4. Wild Horses
      1. Slaughter [reserved]
      2. Humane euthanasia
    5. Claiming strays
    6. Penalties for unlawful release of a horse

CHAPTER SEVEN: Land Use

  1. Purpose
  2. Applicability
  3. Existing Nonconforming Uses
  4. Establishment of Zones
  5. Zone Uses and Standards
    1. Forest Lands
    2. Range Lands
    3. Agricultural Lands
    4. Wilderness Lands
    5. Community Area
    6. Recreation/Scenic Lands
    7. Rural Housing
    8. Fish and Wildlife
    9. Water
    10. Traditional, Cultural, and Historical
    11. Mineral and Energy Resource Zones
  6. Application and Permitting Process
  7. Establishment of Tribal Land Use Office
  8. Community, Subdivision and home site development
    1. Development areas
  9. Enforcement
    1. Remedies
    2. Private party remedies
    3. Persons responsible for enforcement
    4. Land assignment compliance
  10. Definitions

CHAPTER EIGHT: Agricultural and Food Safety

  1. Harvest Safety
    1. Applicability
    2. Definitions
    3. Harvest Safety Plan
    4. Preventing contamination
    5. Agricultural workers—hygiene standards
    6. Farm vehicles
    7. Inspection
  2. Field to Processing Transportation
    1. Vehicles & equipment
    2. Loading/unloading of food products
    3.  Temperature control during transport of food products
    4. Food storage
  3. Worker Health and Hygiene
    1. Assessment of Hazards
    2. Use of Agricultural Chemicals
    3. Farm machinery and equipment
    4. Protective clothing
    5. First aid and medical care
    6. Worker training programs
  4. Child Safety on Farms and Agricultural Operations
    1. Child safety audit
    2. Particularly hazardous tasks
  5. Biological Soil Amendments
    1. Policy, applicability, short title
    2. Produce safety rule biological amendment of animal origin
    3. Penalties
  6. Agricultural Chemicals
    1. Policy, applicability, short title
      1. Pesticide Tolerance policy
    2. Definitions
    3. Pesticide tolerances
    4. Amendments
    5. Penalties
  7. Domesticated and Wild Animals
    1. Contamination of Produce by Domesticated and wild animals
      1. Policy, applicability, short title
      2. Produce safety rule domesticated and wild animals
      3. Penalties
    2. Procedure for Disposal of Wild Animals
      1. Policy, applicability, short title
      2. Definitions
      3. Disposal of dead animals
  8. Contamination of Agricultural Water
    1. Policy, applicability, short title
    2. Contamination
    3. Penalties
  9. Vehicles and Machinery
    1. Policy, applicability, short title
    2. Requirements to prevent the contamination of produce
    3. Temperature control
    4. Penalties
  10. Farmyards and Buildings
    1. Policy, applicability, short title
    2. Farmyard and Buildings: requirements to prevent the contamination of produce
    3. Penalties
  11. Recordkeeping and Traceability
    1. Policy, applicability, short title
    2. Produce safety rules regarding recordkeeping
    3. Penalties
  12. Processing: Packaging, Storage, and Safe Handling
    1. Policy, applicability, short title
    2. Definitions
    3. Safety measures for growing, harvesting, packing, or holding produce
    4. Penalties
  13. Processing: Time and Temperature.
    1. Temperature Controls for Processed Foods
    2. Policy, applicability, short title
    3. Definitions
    4. Temperature requirements
    5. Facility storage of unpackaged foods
    6. Penalties
  14. Final Product Transportation Standards
  15. Labeling
    1. Policy, applicability, short title
    2. Definitions
    3. Misbranded food labels, prohibited
    4. Date labels
    5. Penalties and exceptions
  16. Adulterated and Misbranded Product
    1. Policy, applicability, short title
    2. Definitions
    3. Adulterated Food prohibited
    4. Misbranded food prohibited
    5. Power to make inspections and secure samples
    6. Recall authority
    7. Condemnation and seizure
    8. Penalties and exemptions
  17. Products Requiring Additional Care (Ch. 8(p))
    1. Sprouts
    2. Policy, applicability, short title
      1. Definitions
      2. Sprout food safety
      3. Penalties
  18.  Good Agricultural Practices and Good Handling Practices (Ch. 8(q) )
    1. Policy, applicability, short title
    2. Definitions
    3. Burden of proof
    4. Tribally Grown & Certified Seal
    5. GAP and GHP Cost Share Funds

CHAPTER NINE: Plant Production, Health, and Sale of Produce

  1. Tribal Organic Program and Standards
    1. Administration
    2. Adoption of Organic Foods Standards by Tribe
    3. Appointment of Tribal Organic Advisory Committee
    4. Exemptions and Exclusions
  2. Crop and Livestock production and handling standards
    1. General
    2. Tribal Certified Organic production and handling system plan
    3. Land requirements
    4. Soil fertility and crop nutrient management
    5. Seeds and planting stock practice standard
    6. Crop rotation practice standard
    7. Crop pest, weed, and disease management practice standard
    8. Livestock production
    9. Livestock feed
    10. Livestock healthcare practice standard
    11. Living conditions
    12. Pasture practice standard
  3. Handling requirements
    1. Facility pest management practice standard
    2. Commingling and contact with prohibited substance prevention
  4. Labeling
    1. Use of term “Tribal Certified organic”
    2. Product composition
    3. Packaged products
  5. Certification and Registration
    1. In general
    2. Application for certificate
    3. Review of application
    4. Onsite inspection
    5. Granting certification
    6. Denial of certification
    7. Continuation of certification
    8. Registration
  6. Enforcement
    1. General
    2. Investigation of certified operations
    3. Noncompliance procedures
    4. Mediation
    5. Appeals

CHAPTER TEN: Aquaculture

  1. Fisheries

CHAPTER ELEVEN: Bees and Honey Production

  1. Bees and Beekeeping
    1. Definitions
    2. Findings
    3. Application
    4. Beekeeper’s license required
    5. License fees
    6. Prevention of disease; assessment of fees
    7. Registration of an apiary
    8. Revocation of location by property owner
    9. Establishment of locations
    10. Establishment of commercial locations
    11. Establishment of noncommercial locations
    12. Establishment of pollination locations
    13. Occupant of locations—vacancy allowance
    14. Identification of hives
    15. Establishment of apiary division
    16. Bee inspector: duties and powers
    17. Bees maintained in hives with movable frames
    18. Certificate of inspection
    19.  Infected bees and equipment
    20. Infestation as a public nuisance
    21. Quarantine
    22. Duty of owner or maintainer of hive to prevent transmission of pests
    23. Shipment into Tribal jurisdiction
    24. Abandoned apiary or equipment
    25. Enforcement and penalties
    26. Sale or transfer of commercial locations
    27. Wax salvage operations
  2. Production and Sale of Honey
    1. Definitions
    2. Standard of Identity for Honey
    3. Labeling Requirements
    4. Enforcement authority
    5. Penalties

CHAPTER TWELVE: Agroforestry and Silviculture

CHAPTER THIRTEEN: Trade and Marketing of Agricultural Products

  1. Facilitation of Trade and Economic Development (Intertribal, Domestic, International)
  2. Geographic Indication and Marketing of Agricultural Products
  3. Leasehold interests and Valuation in Agricultural Lands

CHAPTER FOURTEEN: Liability for Agricultural Production and Related Enterprises

  1. Limited Liability for Agricultural Producers and Landowners
  2.  Tribal Agritourism Activities Liability Limitations Act
    1. Purpose
    2. Short Title
    3. Definitions
    4. Liability
      1. Limited Liability for Agritourism Professionals
      2. Exceptions
    5. Assumption of Risk
    6. Notice of Warning required
    7. Tax Credit for Certain Costs of Liability Insurance for Corporations
  3. Cottage Food

CHAPTER FIFTEEN: Water

  1. Appropriation and Declaration of Tribal Waters
    1. Purpose
    2. Tribal Waters
    3.  Nature of right to use water
    4. Application of code
    5. Jurisdiction
    6. Severability
    7. Definitions
  2. Domestic Water Control
  3. Water Quality
  4. Permitting Procedures
    1. Existing uses protected
    2. Eminent domain
    3. Applications to appropriate groundwater
    4. Applications to appropriate surface water
    5. Public notice of application
    6. Protests
    7. Responses to protest by applicant
    8. Investigation and review by the Director of Natural Resources
    9. Hearing on protests
  5. Issuance of permits
    1. Right to use
    2. Failure to use
    3. Reporting requirements
    4. Modification of permits
  6. Determination of availability and beneficial use
    1. Director of natural resources review
    2. Director’s report
    3. Notice and hearing
    4. Decision
  7. Transfer of permitted use
    1. Transfer
    2. Change in place or purpose of use/enlarge place of use
  8. Loss of permitted water use
    1. Voluntary relinquishment through abandonment
    2. Nonuse
    3. Excusable nonuse
    4. Loss by adverse possession
    5. Permit review
    6. Notice
  9. Hearing procedures
    1. Right to hearing
    2. Procedure
  10. Appellate review
    1. Right to appeal
    2. Procedure
  11. Violations and penalties
    1. Waste
    2. Unauthorized use of water
    3. Penalties

CHAPTER SIXTEEN: Conservation

  1. Sustainability Principles & Environmental Regulation of Agricultural Production
    1. Guiding Principles for Sustainability
    2. General mitigation and adaptation
  2. Practices Promoting Conservation
    1. High Tunnels
      1. Definitions
      2. Conditions where practice applies
      3. Criteria
      4. Environmental Considerations
      5. Plans & Specifications
      6. Operation & Maintenance

CHAPTER SEVENTEEN: Alternative Agricultural Production

  1. Industrial Hemp
    1. Definitions
    2. Regulation
    3. Registration program for industrial hemp production
    4. Seed propagation for industrial hemp
    5. Seed retention
    6. Hemp seed sales
    7. Industrial hemp—no criminal penalties

CHAPTER EIGHTEEN: Agricultural Labor

  1. Definitions
  2. Applicability
  3. Minimum Wage for Agricultural Labor
  4. Overtime Compensation
  5. Agricultural Employee Organizations

CHAPTER NINETEEN: Agricultural Business Entities

  1. Formation; Types of Corporations; Agricultural Cooperatives.
  2. Discussion of relevant provisions from Uniform Commercial Code.