New Iowa law would criminalize photographing crops or farm animals

In addition to the Florida Senate Bill 1246, within the last two weeks a bill has been introduced into the Iowa Legislature to make it illegal for “entering on or damaging or interfering with property associated with a facility or operation where animals or crops are maintained.”

Iowa House File (HF) 431 — introduced March 2, 2011 — and amended March 15, 2011 as House File 589 amends the Iowa Code to make it illegal to (1) tamper with animals and crops (2) interfere with animals and crops and (3) commit fraud (through false identity and false statements) to tamper and interfere with animals and crops.

So what does “interfere” include?

Under this proposed legislation if you photograph, videotape or audio record animals and crops without the farmer’s, researcher’s, etc. written permission, you are interfering with animal and crop production.

Further, if you duplicate those photographs/videos and distribute them to others (ala video DVD distribution), you also can be charged with “interfering” under Iowa HF 589.

The bill was introduced supposedly to stop the incursions of the Humane Society of the United States (HSUS) and People for the Ethical Treatment of Animals (PETA).

But I believe the real motivation is elsewhere.

Under Iowa HF 589 photographing or videotaping crops — such as GMO crops — becomes a misdemeanor (rising to a felony under certain circumstances). Iowa is the site of Monsanto test facilities and much GE seed production. If a campaign is conducted to question let’s say — GE alfalfa — and pictures are taken of the crops (without the written permission of the farmer and Monsanto), the photographer and videographer, the video editor, the DVD duplication facility and anyone who distributes the completed DVD are law breakers.

In ordinary times, I would say this proposed legislation is “stupid, heavy-handed, unconstitutional, and thuggish.”

But these are not ordinary times.

In Iowa, the Governor is Republican and 60% of the Iowa House. The Democrats control the Iowa Senate 52% to 48%.

I don’t know the true viability of this Iowa legislation. But if it is an ALEC proposal, we should expect to see it again in other agricultural states.

If you know more about legislation of this nature, please comment below.

Peace and good food,

Chris Bedford
Center for Economic Security
Muskegon