House File 2373 - Introduced



                                       HOUSE FILE       
                                       BY  UPMEYER


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

                                      A BILL FOR

  1 An Act relating to regulation of food safety, providing for a
  2    transfer of administrative authority to the Iowa department of
  3    public health to administer the regulation of the hotel
  4    sanitation code, home food establishments, the Iowa food code,
  5    and the regulation of egg handlers, and providing for adoption
  6    of the 2005 edition of the United States food and drug
  7    administration food code.
  8 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  9 TLSB 5458YH 81
 10 rn/gg/14

PAG LIN



  1  1    Section 1.  Section 10A.104, subsection 9, Code 2005, is
  1  2 amended to read as follows:
  1  3    9.  Administer and enforce this chapter, and chapters 99B,
  1  4 135B, 135C, 135H, and 135J, 137C, 137D, and 137F.
  1  5    Sec. 2.  Section 123.3, subsection 15, Code Supplement
  1  6 2005, is amended to read as follows:
  1  7    15.  "Hotel" or "motel" means premises licensed by the Iowa
  1  8 department of inspections and appeals public health under
  1  9 chapter 137C and regularly or seasonally kept open in a bona
  1 10 fide manner for the lodging of transient guests, and with
  1 11 twenty or more sleeping rooms.
  1 12    Sec. 3.  Section 135.11, subsection 17, Code Supplement
  1 13 2005, is amended to read as follows:
  1 14    17.  Administer chapters 125, 136A, 136C, 137C, 137D, 137F,
  1 15 139A, 142, 142A, 144, and 147A, and 196.
  1 16    Sec. 4.  Section 137C.2, subsections 2 and 3, Code 2005,
  1 17 are amended to read as follows:
  1 18    2.  "Director" means the director of the department of
  1 19 inspections and appeals public health or the director's
  1 20 designee.
  1 21    3.  "Department" means the Iowa department of inspections
  1 22 and appeals public health.
  1 23    Sec. 5.  Section 137D.1, subsection 2, Code 2005, is
  1 24 amended to read as follows:
  1 25    2.  "Department" means the Iowa department of inspections
  1 26 and appeals public health.
  1 27    Sec. 6.  Section 137D.2, subsection 1, Code 2005, is
  1 28 amended to read as follows:
  1 29    1.  A person shall not open or operate a home food
  1 30 establishment until a license has been obtained from the
  1 31 department of inspections and appeals.  The department shall
  1 32 collect a fee of twenty=five dollars for a license.  After
  1 33 collection, the fees shall be deposited in the general fund of
  1 34 the state.  A license shall expire one year from date of
  1 35 issue.  A license is renewable.
  2  1    Sec. 7.  Section 137F.1, subsections 3, 4, and 7, Code
  2  2 2005, are amended to read as follows:
  2  3    3.  "Department" means the Iowa department of inspections
  2  4 and appeals public health.
  2  5    4.  "Director" means the director of the department of
  2  6 inspections and appeals public health or the director's
  2  7 designee.
  2  8    7.  "Food code" means the 1997 2005 edition of the United
  2  9 States food and drug administration food code.
  2 10    Sec. 8.  Section 137F.2, Code 2005, is amended by striking
  2 11 the section and inserting in lieu thereof the following:
  2 12    137F.2  FOOD CODE == ADOPTION.
  2 13    The director shall adopt the food code, and shall adopt any
  2 14 amendments or exceptions to the food code by rule.
  2 15    Sec. 9.  Section 196.1, subsection 3, Code 2005, is amended
  2 16 to read as follows:
  2 17    3.  "Department" means the Iowa department of inspections
  2 18 and appeals, as established in section 10A.102 public health.
  2 19    Sec. 10.  Section 331.756, subsection 32, Code Supplement
  2 20 2005, is amended to read as follows:
  2 21    32.  Assist the Iowa department of inspections and appeals
  2 22 public health in the enforcement of the Iowa food code and the
  2 23 Iowa hotel sanitation code as provided in sections 137F.19 and
  2 24 section 137C.30.
  2 25    Sec. 11.  CODES, RULES, AGREEMENTS, AND APPROPRIATIONS
  2 26 TRANSFER.
  2 27    1.  The following codes and standards adopted by the
  2 28 director of the department of inspections and appeals shall
  2 29 remain in effect until modified or rescinded by the director
  2 30 of public health:
  2 31    a.  Hotel sanitation code adopted under chapter 137C, Code
  2 32 2005.
  2 33    b.  Home food establishment standards adopted under chapter
  2 34 137D, Code 2005.
  2 35    c.  Food code adopted under chapter 137F, Code 2005.
  3  1    d.  Egg handler standards adopted under chapter 196, Code
  3  2 2005.
  3  3    2.  The administrative rules adopted by the department of
  3  4 inspections and appeals under chapters 137C, 137D, 137F, and
  3  5 196, Code 2005, shall remain in effect until modified or
  3  6 rescinded by the Iowa department of public health.
  3  7    3.  Effective July 1, 2006, an agreement entered into under
  3  8 chapter 137C or 137F, Code 2005, between the director of the
  3  9 department of inspections and appeals and a municipal
  3 10 corporation for the municipal corporation to license, inspect,
  3 11 and enforce chapter 137C or 137F within the municipal
  3 12 corporation's jurisdiction shall be deemed to be an agreement
  3 13 with the director of public health and shall remain in effect
  3 14 until expiration of the agreement or the agreement is modified
  3 15 or rescinded by the parties to the agreement.
  3 16    4.  Effective July 1, 2006, the Iowa department of public
  3 17 health shall assume the departmental duties outlined in the
  3 18 codes, standards, and administrative rules adopted under
  3 19 chapters 137C, 137D, 137F, and 196 in place of the department
  3 20 of inspections and appeals.
  3 21    5.  Appropriations made from the general fund of the state
  3 22 for the fiscal year beginning July 1, 2006, and ending June
  3 23 30, 2007, to the department of inspections and appeals for
  3 24 administration and enforcement of chapters 137C, 137D, 137F,
  3 25 and 196 shall be transferred to the Iowa department of public
  3 26 health.
  3 27    Sec. 12.  TRANSITION OF EMPLOYEES.  Effective July 1, 2006,
  3 28 all employees of the department of inspections and appeals
  3 29 performing functions related to chapters 137C, 137D, 137F, and
  3 30 196, as of June 30, 2006, shall become employees of the Iowa
  3 31 department of public health without loss of classification,
  3 32 pay, or benefits.
  3 33                           EXPLANATION
  3 34    This bill provides for the Iowa department of public health
  3 35 to administer the hotel sanitation code under Code chapter
  4  1 137C, regulation of home food establishments under Code
  4  2 chapter 137D, Iowa food code under Code chapter 137F, and
  4  3 regulation of egg handlers under Code chapter 196 in place of
  4  4 the department of inspections and appeals.
  4  5    Code section 10A.104 is amended to strike these duties from
  4  6 the responsibilities of the department of inspections and
  4  7 appeals.
  4  8    Code section 135.11 is amended to add these duties in the
  4  9 list of responsibilities provided to the Iowa department of
  4 10 public health.
  4 11    Code chapter 137C, 137D, 137F, and 196 references to the
  4 12 department of inspections and appeals are changed to the Iowa
  4 13 department of public health.
  4 14    The duties of the county attorney in Code section 331.756
  4 15 are amended to change references to the two departments.
  4 16    Code section 137F.1 is amended to provide that references
  4 17 to the food code adopted in Code section 137F.2 refer to the
  4 18 2005 edition of the United States food and drug administration
  4 19 food code.  The bill deletes provisions in Code section 137F.2
  4 20 amending or providing exceptions to the food code, providing
  4 21 instead that the director of public health shall adopt
  4 22 amendments or exceptions to the food code by administrative
  4 23 rule.
  4 24    A transition section provides for the hotel sanitation,
  4 25 home food establishment, and food codes adopted by the
  4 26 director of inspections and appeals and the administrative
  4 27 rules adopted by the department of inspections and appeals to
  4 28 remain in effect until rescinded or modified by the director
  4 29 of public health and the Iowa department of public health.
  4 30 Agreements entered into for municipal corporations to license,
  4 31 inspect, and enforce the hotel sanitation and food codes
  4 32 within the municipal corporation's jurisdiction are deemed to
  4 33 be with the Iowa department of public health in place of the
  4 34 department of inspections and appeals.  Appropriations made
  4 35 for fiscal year 2006=2007 for purposes of the affected Code
  5  1 chapters are transferred to the Iowa department of public
  5  2 health.  The employees of the department of inspections and
  5  3 appeals performing functions relating to the affected Code
  5  4 chapters become employees of the Iowa department of public
  5  5 health effective July 1, 2006.
  5  6 LSB 5458YH 81
  5  7 rn:nh/gg/14