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Model Tribal Food and Agriculture Code

CHAPTER ONE: General Provisions

a. Preamble; Purpose and Construction; Sovereign Immunity.

b. Establishing a Tribal Department of Agriculture

i. Creation of Tribal Department of Agriculture

Creation
Responsibilities

ii. Commissioner of Agriculture; Powers and Authority

Creation of office; appointment
Authority; duties
Qualifications
Creation of subordinate offices
Compensation of appointed officials

iii. Departmental organization

Structure
Subject matter areas

CHAPTER TWO: Traditional Foods

a. Protection of Traditional Foods & Seeds

i. Cultural Property Protection Act

Jurisdiction
Definitions
Cultural Property; protections; prohibitions
Exemptions
Patenting of cultural property prohibited
Unlawful interference with cultural property—biological or genetic material
Research of cultural property
Savings Clause
Effective date

CHAPTER THREE: Health and Nutrition

a. Tribal Community Gardening Act

i. Short title

ii. Definitions

iii. Findings

iv. Community gardening, public and private lands

v. Food safety

vi. Donated food; limited liability

b. Healthy and Indigenous Food Procurement Act

i. Definitions

ii. Findings and purpose

iii. Standards for food and beverages solid through vending machines

iv. Standards for food and beverages served or provided through Tribal dining program or community events

v. Healthy and Traditional Powwow Food and Beverage Vendors Incentive Program

vi. Implementation and Monitoring

vii. Effective Date

c. Community Wellness Promotion Law (Sweetened Beverage and Processed Food Sales Tax Act)

i. Title

ii. Purpose

iii. Definitions

iv. Sweetened Beverage Excise Tax

v. Pass-Through to Retail Customers

vi. Payment of Tax

vii. Liability for Unpaid taxes

viii. Relationship to other taxes

ix. Exemptions

x. Dedicated revenues

xi. Intergovernmental agreements

xii. Severability

d. Food Conservation

i. Definitions

ii. Wild Game; Offense to Waste

iii. Donation of Wild game, fish, and traditional foods

iv. Tribal Limited Liability Food Donation Act

v. Donating Animal Feed

vi. Tax Incentives for food recovery

CHAPTER FOUR: Regulation and Control of Animals and Livestock

a. Branding and Marking

i. Definitions

ii. Creation of Tribal Branding Office; Authority; Duties

iii. Tribal Branding Offices; Rules

iv. Branding; When required

v. Recording a Brand

vi. Application procedures

vii. Fees

viii. Renewing a brand

ix. Reserved marks

x. Sale or transfer of brand or mark

xi. Brands of minors

xii. Records of brands; Brand Book Publication

xiii. Misuse of brands; penalties

b. Fencing and Strays

i. Policy, applicability, short title

ii. Definitions

iii. Legal and sufficient fence, when and where required

iv. At large animals, trespass, stray; impound procedures

v. Liability of livestock owner for damages; recoverable damages; liens

vi. Open range district formation; grazing; signage

c. Antibiotics

i. Short Title and Policy

ii. Scope of subtitle

iii. Definitions

iv. Administration of medically important antimicrobial drug; order by licensed veterinarian

v. Collection of data

vi. Authority to request and receive copies of veterinary feed directives

vii. Penalties

d. Animal Feed Standards

i. Definitions

ii. Tribal Commercial Animal Feed Act

Administration of Act
Standards development
Exemptions
Prohibitions regarding commercial feed
Misbranding
Adulteration
Labeling requirements
Registration of commercial feed

iii. Garbage fed to swine or other animals

Generally
Exemption for heat treated or rendered material
Penalties

e. Concentrated Animal Feeding Operations Act.

i. Short Title & Policy

ii. Definitions

iii. Two or more concentrated animal feeding operations

iv. Operations requiring permits

v. Permit requirements

vi. Fees for animal feeding operation permit

f. Humane Treatment of Animals and Livestock

i. Cruelty to Animals prohibited

ii. Exemptions

Veterinary medicine
Accepted Animal husbandry practices
Commonly accepted rodeo practices
Working dogs
Predatory animals

iii. Penalties

iv. Definitions

CHAPTER FIVE: Slaughter of Animals and Sale of Meat

a. Slaughter of Animals and Livestock

i. Definitions

ii. Slaughter and offer for sale

iii. Requirement of license

iv. Preslaughter brand inspection

v. Seizure of livestock

vi. Quarantine

Animal
Poultry

vii. Humane slaughter

b.Mobile Slaughter & Licensing

CHAPTER SIX: Horses

a. Tribal Horse Protection & Humane Treatment Act

i. Policy, applicability, short title

ii. General Provisions

iii. Definitions

iv. Wild Horses

Slaughter [reserved]
Humane euthanasia

v. Claiming strays

vi. Penalties for unlawful release of a horse

CHAPTER SEVEN: Land Use

a. Purpose

b. Applicability

c. Existing Nonconforming Uses

e. Establishment of Zones

Zone Uses and Standards

i. Forest Lands

ii. Range Lands

iii. Agricultural Lands

iv. Wilderness Lands

v. Community Area

vi. Recreation/Scenic Lands

vii. Rural Housing

viii. Fish and Wildlife

ix. Water

x. Traditional, Cultural, and Historical

xi. Mineral and Energy Resource Zones

f. Application and Permitting Process

g. Establishment of Tribal Land Use Office

h. Community, Subdivision and home site development

i. Development areas

i. Enforcement

i. Remedies

ii. Private party remedies

iii. Persons responsible for enforcement

iv. Land assignment compliance

j. Definitions

CHAPTER EIGHT: Agricultural and Food Safety

a. Harvest Safety

i. Applicability

ii. Definitions

iii. Harvest Safety Plan

iv. Preventing contamination

v. Agricultural workers—hygiene standards

vi. Farm vehicles

vii. Inspection

b. Field to Processing Transportation

i. Vehicles & equipment

ii. Loading/unloading of food products

iii. Temperature control during transport of food products

iv. Food storage

c. Worker Health and Hygiene

i. Assessment of Hazards

ii. Use of Agricultural Chemicals

iii. Farm machinery and equipment

iv. Protective clothing

v. First aid and medical care

vi. Worker training programs

d. Child Safety on Farms and Agricultural Operations

i. Child safety audit

ii. Particularly hazardous tasks

e. Biological Soil Amendments

i. Policy, applicability, short title

ii. Produce safety rule biological amendment of animal origin

iii. Penalties

f. Agricultural Chemicals

i. Policy, applicability, short title

Pesticide Tolerance policy

ii. Definitions

iii. Pesticide tolerances

iv. Amendments

v. Penalties

g. Domesticated and Wild Animals

i. Contamination of Produce by Domesticated and wild animals

Policy, applicability, short title
Produce safety rule domesticated and wild animals
Penalties

ii. Procedure for Disposal of Wild Animals

Policy, applicability, short title
Definitions
Disposal of dead animals

h. Contamination of Agricultural Water

i. Policy, applicability, short title

ii. Contamination

iii. Penalties

i. Vehicles and Machinery

i. Policy, applicability, short title

ii. Requirements to prevent the contamination of produce

iii. Temperature control

iv. Penalties

j. Farmyards and Buildings

i. Policy, applicability, short title

ii. Farmyard and Buildings: requirements to prevent the contamination of produce

iii. Penalties

k. Recordkeeping and Traceability

i. Policy, applicability, short title

ii. Produce safety rules regarding recordkeeping

iii. Penalties

l. Processing: Packaging, Storage, and Safe Handling

i. Policy, applicability, short title

ii. Definitions

iii. Safety measures for growing, harvesting, packing, or holding produce

iv. Penalties

m. Processing: Time and Temperature.

i. Temperature Controls for Processed Foods

ii. Policy, applicability, short title

iii. Definitions

iv. Temperature requirements

v. Facility storage of unpackaged foods

vi. Penalties

n. Final Product Transportation Standards

o. Labeling

i. Policy, applicability, short title

ii. Definitions

iii. Misbranded food labels, prohibited

iv. Date labels

v. Penalties and exceptions

p. Adulterated and Misbranded Product

i. Policy, applicability, short title

ii. Definitions

iii. Adulterated Food prohibited

iv. Misbranded food prohibited

v. Power to make inspections and secure samples

vi. Recall authority

vii. Condemnation and seizure

viii. Penalties and exemptions

q. Products Requiring Additional Care (Ch. 8(p))

i. Sprouts

ii. Policy, applicability, short title

Definitions
Sprout food safety
Penalties

r. Good Agricultural Practices and Good Handling Practices (Ch. 8(q) )

i. Policy, applicability, short title

ii. Definitions

iii. Burden of proof

iv. Tribally Grown & Certified Seal

v. GAP and GHP Cost Share Funds

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

a. Tribal Organic Program and Standards

i. Administration

ii. Adoption of Organic Foods Standards by Tribe

iii. Appointment of Tribal Organic Advisory Committee

iv. Exemptions and Exclusions

b. Crop and Livestock production and handling standards

i. General

ii. Tribal Certified Organic production and handling system plan

iii. Land requirements

iv. Soil fertility and crop nutrient management

v. Seeds and planting stock practice standard

vi. Crop rotation practice standard

vii. Crop pest, weed, and disease management practice standard

viii. Livestock production

ix. Livestock feed

x. Livestock healthcare practice standard

xi. Living conditions

xii. Pasture practice standard

c. Handling requirements

i. Facility pest management practice standard

ii. Commingling and contact with prohibited substance prevention

d. Labeling

i. Use of term “Tribal Certified organic”

ii. Product composition

iii. Packaged products

e. Certification and Registration

i. In general

ii. Application for certificate

iii. Review of application

iv. Onsite inspection

v. Granting certification

vi. Denial of certification

vii. Continuation of certification

viii. Registration

f. Enforcement

i. General

ii. Investigation of certified operations

iii. Noncompliance procedures

iv. Mediation

v. Appeals

CHAPTER TEN: Aquaculture

a. Fisheries

CHAPTER ELEVEN: Bees and Honey Production

a. Bees and Beekeeping

i. Definitions

ii. Findings

iii. Application

iv. Beekeeper’s license required

v. License fees

vi. Prevention of disease; assessment of fees

vii. Registration of an apiary

viii. Revocation of location by property owner

ix. Establishment of locations

x. Establishment of commercial locations

xi. Establishment of noncommercial locations

xii. Establishment of pollination locations

xiii. Occupant of locations—vacancy allowance

xiv. Identification of hives

xv. Establishment of apiary division

xvi. Bee inspector: duties and powers

xvii. Bees maintained in hives with movable frames

xviii. Certificate of inspection

xix. Infected bees and equipment

xx. Infestation as a public nuisance

Quarantine

xxi. Duty of owner or maintainer of hive to prevent transmission of pests

xxii. Shipment into Tribal jurisdiction

xxiii. Abandoned apiary or equipment

xxiv. Enforcement and penalties

xxv. Sale or transfer of commercial locations

xxvi. Wax salvage operations

b. Production and Sale of Honey

i. Definitions

ii. Standard of Identity for Honey

iii. Labeling Requirements

iv. Enforcement authority

vi. Penalties

CHAPTER TWELVE: Agroforestry and Silviculture

CHAPTER THIRTEEN: Trade and Marketing of Agricultural Products

a. Facilitation of Trade and Economic Development (Intertribal, Domestic, International)

b. Geographic Indication and Marketing of Agricultural Products

c. Leasehold interests and Valuation in Agricultural Lands

CHAPTER FOURTEEN: Liability for Agricultural Production and Related Enterprises

a. Limited Liability for Agricultural Producers and Landowners

b. Tribal Agritourism Activities Liability Limitations Act

i. Purpose

ii. Short Title

iii. Definitions

iv. Liability

Limited Liability for Agritourism Professionals
Exceptions

v. Assumption of Risk

vi. Notice of Warning required

vii. Tax Credit for Certain Costs of Liability Insurance for Corporations

c. Cottage Food

CHAPTER FIFTEEN: Water

a. Appropriation and Declaration of Tribal Waters

i. Purpose

ii. Tribal Waters

iii. Nature of right to use water

iv. Application of code

v. Jurisdiction

vi. Severability

vii. Definitions

b. Domestic Water Control

c. Water Quality

d. Permitting Procedures

i. Existing uses protected

ii. Eminent domain

iii. Applications to appropriate groundwater

iv. Applications to appropriate surface water

v. Public notice of application

vi. Protests

vii. Responses to protest by applicant

viii. Investigation and review by the Director of Natural Resources

ix. Hearing on protests

e. Issuance of permits

i. Right to use

ii. Failure to use

iii. Reporting requirements

iv. Modification of permits

f. Determination of availability and beneficial use

i. Director of natural resources review

ii. Director’s report

iii. Notice and hearing

iv. Decision

g. Transfer of permitted use

i. Transfer

ii. Change in place or purpose of use/enlarge place of use

h. Loss of permitted water use

i. Voluntary relinquishment through abandonment

ii. Nonuse

iii. Excusable nonuse

iv. Loss by adverse possession

v. Permit review

vi. Notice

i. Hearing procedures

i. Right to hearing

ii. Procedure

j. Appellate review

i. Right to appeal

ii. Procedure

k. Violations and penalties

i. Waste

ii. Unauthorized use of water

iii. Penalties

CHAPTER SIXTEEN: Conservation

a. Sustainability Principles & Environmental Regulation of Agricultural Production

i. Guiding Principles for Sustainability

ii. General mitigation and adaptation

b. Practices Promoting Conservation

i. High Tunnels

Definitions
Conditions where practice applies
Criteria
Environmental Considerations
Plans & Specifications
Operation & Maintenance

CHAPTER SEVENTEEN: Alternative Agricultural Production

a. Industrial Hemp

i. Definitions

ii. Regulation

iii.Registration program for industrial hemp production

iv. Seed propagation for industrial hemp

v. Seed retention

vi. Hemp seed sales

vii. Industrial hemp—no criminal penalties

CHAPTER EIGHTEEN: Agricultural Labor

a. Definitions

b. Applicability

c. Minimum Wage for Agricultural Labor

d. Overtime Compensation

e. Agricultural Employee Organizations

CHAPTER NINETEEN: Agricultural Business Entities

a. Formation; Types of Corporations; Agricultural Cooperatives.

b. Discussion of relevant provisions from Uniform Commercial Code.