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