House File 2185 - Introduced



                                       HOUSE FILE       
                                       BY  UPMEYER


    Passed House,  Date               Passed Senate, Date             
    Vote:  Ayes        Nays           Vote:  Ayes        Nays         
                 Approved                            

                                      A BILL FOR

  1 An Act providing for the establishment of a request for proposals
  2    process regarding hotel, home food establishment, and food
  3    establishment inspections.
  4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  5 TLSB 5520YH 81
  6 rn/cf/24

PAG LIN



  1  1    Section 1.  Section 137C.11, Code 2005, is amended to read
  1  2 as followS:
  1  3    137C.11  BIENNIAL INSPECTIONS.
  1  4    1.  The regulatory authority shall inspect each hotel in
  1  5 the state at least once biennially.  The inspector may enter
  1  6 the hotel at any reasonable hour to make the inspection.  The
  1  7 management shall afford free access to every part of the
  1  8 premises and render all aid and assistance necessary to enable
  1  9 the inspector to make a thorough and complete inspection.
  1 10    2.  The director shall develop a request for proposals
  1 11 process for the performance of inspections required under this
  1 12 chapter, to be applicable for inspections conducted on or
  1 13 after July 1, 2007.  The process shall be utilized for all
  1 14 inspections other than inspections conducted by a municipal
  1 15 corporation pursuant to an agreement as provided in section
  1 16 137C.6.  The provisions of section 137F.10 shall apply
  1 17 regarding the development of the process, determination of
  1 18 criteria, the authority and accountability of entities awarded
  1 19 inspection contracts, and compensation.
  1 20    Sec. 2.  Section 137D.2, subsection 5, Code 2005, is
  1 21 amended to read as follows:
  1 22    5.  a.  The department shall provide for the periodic
  1 23 inspection of a home food establishment.  The inspector may
  1 24 enter the home food establishment at any reasonable hour to
  1 25 make the inspection.  The department shall inspect only those
  1 26 areas related to preparing food for sale.
  1 27    b.  The director shall develop a request for proposals
  1 28 process for the performance of inspections required under this
  1 29 chapter, to be applicable for inspections conducted on or
  1 30 after July 1, 2007.  The provisions of section 137F.10 shall
  1 31 apply regarding the development of the process, determination
  1 32 of criteria, the authority and accountability of entities
  1 33 awarded inspection contracts, and compensation.
  1 34    Sec. 3.  Section 137F.10, Code 2005, is amended to read as
  1 35 follows:
  2  1    137F.10  REGULAR INSPECTIONS.
  2  2    1.  The appropriate regulatory authority shall provide for
  2  3 the inspection of each food establishment and food processing
  2  4 plant in this state in accordance with this chapter and with
  2  5 rules adopted pursuant to this chapter in accordance with
  2  6 chapter 17A.  A regulatory authority may enter a food
  2  7 establishment or food processing plant at any reasonable hour
  2  8 to conduct an inspection.  The manager or person in charge of
  2  9 the food establishment or food processing plant shall afford
  2 10 free access to every part of the premises and render all aid
  2 11 and assistance necessary to enable the regulatory authority to
  2 12 make a thorough and complete inspection.
  2 13    2.  a.  The director shall develop a request for proposals
  2 14 process for the performance of inspections required under this
  2 15 chapter, to be applicable for inspections conducted on or
  2 16 after July 1, 2007.  The process shall be utilized for all
  2 17 inspections other than inspections conducted by a municipal
  2 18 corporation pursuant to an agreement as provided in section
  2 19 137F.3, and inspections of food processing plants which
  2 20 manufacture, package, or label food products.  An entity
  2 21 awarded an inspection contract pursuant to the process shall
  2 22 not be considered a regulatory authority.  The regulation,
  2 23 licensing, and collection of license fees for food
  2 24 establishments and food processing plants pursuant to this
  2 25 chapter shall continue to be provided by the department or by
  2 26 a municipal corporation.
  2 27    b.  The director shall develop criteria by rule to be
  2 28 applied in the awarding of an inspection contract, shall
  2 29 establish procedures for regular and ongoing monitoring of
  2 30 entities awarded an inspection contract and spot=checking of
  2 31 inspections, shall establish procedures relating to the
  2 32 development of a regular inspection schedule to be followed by
  2 33 the entity for the jurisdiction subject to the awarding of the
  2 34 inspection contract, shall provide for the referral to an
  2 35 entity of complaints requiring an inspection in the
  3  1 jurisdiction pursuant to section 137F.11, and shall identify
  3  2 information to be provided by the entity to the department
  3  3 regarding the conduct and outcome of inspections.  The
  3  4 director shall also establish by rule a process for allocation
  3  5 of a portion of license fees collected to the entity awarded
  3  6 an inspection contract, or an alternative method of
  3  7 compensation.
  3  8    c.  If the director determines that inspections are not
  3  9 being conducted pursuant to the requirements of this chapter
  3 10 or the terms of an inspection contract, the director may
  3 11 rescind the contract after reasonable notice and an
  3 12 opportunity for a hearing.  If the contract is rescinded, the
  3 13 director shall assume responsibility for inspections in the
  3 14 jurisdiction involved pending issuance of a new request for
  3 15 proposals.
  3 16                           EXPLANATION
  3 17    This bill provides for the establishment of a request for
  3 18 proposals process regarding hotel, home food establishment,
  3 19 and food establishment inspections by the director of the
  3 20 department of inspections and appeals.
  3 21    The bill provides that the request for proposals process
  3 22 will be applicable for inspections conducted on or after July
  3 23 1, 2007, and that the process shall be utilized for all
  3 24 inspections other than inspections conducted by a municipal
  3 25 corporation pursuant to agreement as provided in Code sections
  3 26 137C.6 and 137F.3, and for inspections of food processing
  3 27 plants which manufacture, package, or label food products
  3 28 pursuant to Code chapter 137F.  The bill provides that an
  3 29 entity awarded an inspection contract pursuant to the process
  3 30 shall not be considered a regulatory authority, and that the
  3 31 regulation, licensing, and collection of license fees shall
  3 32 continue to be provided by the department or by a municipal
  3 33 corporation.
  3 34    The bill provides that the director shall develop criteria
  3 35 by rule to be applied in the awarding of an inspection
  4  1 contract, establish procedures for monitoring of entities
  4  2 awarded an inspection contract and spot=checking of
  4  3 inspections, establish procedures relating to a regular
  4  4 inspection schedule and for the referral of complaints,
  4  5 identify information to be provided by the entity to the
  4  6 department regarding the conduct and outcome of inspections,
  4  7 and establish a process for allocation of a portion of fees
  4  8 collected to the inspection entity, or an alternative method
  4  9 of compensation.  The bill also provides for contract recision
  4 10 under specified circumstances.
  4 11 LSB 5520YH 81
  4 12 rn:nh/cf/24