SF 303 (LSB 2427XS (4) 87)

SENATE FILE 303

BY  GUTH

A BILL FOR

An Act relating to licensure, regulation, and complaint procedures for the hotel sanitation code and food establishments and food processing plants, and modifying fees and penalties.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

DIVISION I
HOTEL SANITATION CODE

    Section 1.  Section 137C.6, subsection 3, paragraph b, Code 2017, is amended by striking the paragraph.
    Sec. 2.  Section 137C.7, Code 2017, is amended to read as follows:
   137C.7  License required.
   No A person shall not open or operate a hotel until the regulatory authority has inspected the hotel and issued a license has been obtained from the regulatory authority and until the hotel has been inspected by the regulatory authority to the person.  The regulatory authority shall conduct inspections in accordance with standards adopted by the department by rule pursuant to chapter 17A. Each license shall expire one year from the date of issue. A license is renewable. All licenses issued under the Iowa hotel sanitation code this chapter that are not renewed by the licensee on or before the expiration date shall be subject to a penalty of ten percent of the license fee per month if the license is renewed at a later date. A license is not transferable.
    Sec. 3.  Section 137C.9, subsection 1, Code 2017, is amended to read as follows:
   1.  Either the department or the municipal corporation shall collect the following annual license fees:
   a.  For a hotel containing fifteen thirty guest rooms or less, twenty-seven fifty dollars.
   b.  For a hotel containing more than fifteen thirty but less than thirty-one one hundred one guest rooms, forty dollars and fifty cents one hundred dollars.
   c.  For a hotel containing more than thirty but less than seventy-six one hundred one guest rooms, fifty-four one hundred fifty dollars.
   d.  For a hotel containing more than seventy-five but less than one hundred fifty guest rooms, fifty-seven dollars and fifty cents.
   e.  For a hotel containing one hundred fifty or more guest rooms, one hundred one dollars and twenty-five cents.
    Sec. 4.  Section 137C.12, Code 2017, is amended to read as follows:
   137C.12  Inspection upon complaint.
   Upon receipt of a verified complaint signed by a guest of a hotel and stating facts indicating the place is premises of a hotel are in an insanitary unsanitary condition, the regulatory authority shall conduct an inspection.
DIVISION II
FOOD ESTABLISHMENTS AND FOOD PROCESSING PLANTS

    Sec. 5.  Section 137F.1, Code 2017, is amended by adding the following new subsections:
   NEW SUBSECTION.  4A.  “Event” means a significant occurrence or happening sponsored by a civic, business, educational, governmental, community, or veterans organization and may include an athletic contest.
   NEW SUBSECTION.  15A.  “Time/temperature control for safety food” means a food that requires time and temperature controls for safety to limit pathogenic microorganism growth or toxin formation.
    Sec. 6.  Section 137F.1, subsection 7, unnumbered paragraph 1, Code 2017, is amended to read as follows:
   “Food establishment” means an operation that stores, prepares, packages, serves, vends, or otherwise provides food for human consumption and includes a food service operation in a salvage or distressed food operation, school, summer camp, residential service substance abuse treatment facility, halfway house substance abuse treatment facility, correctional facility operated by the department of corrections, or the state training school, or the Iowa juvenile home. “Food establishment” does not include the following:
    Sec. 7.  Section 137F.1, subsection 7, paragraphs b, e, and f, Code 2017, are amended to read as follows:
   b.  An establishment that offers only prepackaged foods that are nonpotentially hazardous not time/temperature control for safety foods.
   e.  Premises where a person operates a farmers market, if potentially hazardous food is time/temperature control for safety foods are not sold or distributed from the premises.
   f.  Premises of a residence in which food that is nonpotentially hazardous not a time/temperature control for safety food is sold for consumption off the premises to a consumer customer, if the food is labeled to identify the name and address of the person preparing the food and the common name of the food.
    Sec. 8.  Section 137F.1, subsections 11 and 12, Code 2017, are amended by striking the subsections.
    Sec. 9.  Section 137F.1, subsections 13, 15, 16, and 17, Code 2017, are amended to read as follows:
   13.  “Pushcart” means a non-self-propelled vehicle food establishment limited to serving nonpotentially hazardous foods foods that are not time/temperature control for safety foods or commissary-wrapped foods maintained at proper temperatures, or limited to the preparation and serving of frankfurters.
   15.  “Temporary food establishment” means a food establishment that operates for a period of no more than fourteen consecutive days in conjunction with a single event or celebration.
   16.  “Vending machine” means a food establishment which is a self-service device that, upon insertion of a coin, paper currency, token, card, or key, or by optional manual operation, dispenses unit servings of food in bulk or in packages without the necessity of replenishing the device between each vending operation.
   17.  “Vending machine location” means the physical site room, enclosure, space, or area where a one or more vending machine is machines are installed and operated, including the storage and servicing areas on the premises that are used in conjunction with to service and maintain the vending machine.
    Sec. 10.  Section 137F.3, subsection 4, Code 2017, is amended to read as follows:
   4.  A municipal corporation that is responsible for enforcing this chapter within its jurisdiction pursuant to an agreement shall make an annual report to the director providing the following information:
   a.  The total number of licenses granted or renewed by the municipal corporation under this chapter during the year.
   b.  The number of licenses granted or renewed by the municipal corporation under this chapter during the year in each of the following categories:
   (1)  Food establishments.
   (2)  Food processing plants.
   (3)  Mobile food units and pushcarts.
   (4)  Temporary food establishments.
   (5)  Vending machines.
   c.  The amount of money collected in license fees during the year.
   d.  The amount expended to perform the functions required under the agreement, submitted on a form prescribed by the department.
   e.  Other information the director requests use the data system prescribed by the director for activities governed by an agreement executed pursuant to this section.
    Sec. 11.  Section 137F.4, Code 2017, is amended to read as follows:
   137F.4  License required.
   A person shall not operate a food establishment or food processing plant to provide goods or services to the general public, or open a food establishment to the general public, until the appropriate license has been obtained from the regulatory authority. Sale of products at wholesale to outlets not owned by a commissary owner requires a food processing plant license. A license shall expire one year from the date of issue. A license is renewable if application for renewal is made prior to expiration of the license or within sixty days of the expiration date of the license. All licenses issued under this chapter that are not renewed by the licensee on or before the expiration date shall be subject to a penalty of ten percent per month of the license fee if the license is renewed at a later date.
    Sec. 12.  Section 137F.5, Code 2017, is amended to read as follows:
   137F.5  Application for license.
   1.  An application form prescribed by the department for a license under this chapter shall be obtained from the department or from a municipal corporation which is a regulatory authority. A completed application and an application fee of two hundred dollars shall be submitted to the appropriate regulatory authority.  However, an application for a license for a farmers market, temporary food establishment for a single event, temporary food establishment for multiple nonconcurrent events, or vending machine is exempt from the application fee requirement under this subsection.
   2.  A person conducting an event shall submit a license application and an application fee of fifty dollars to the appropriate regulatory authority at least sixty days in advance of the event. An “event” for purposes of this subsection does not include a function with ten or more temporary food establishments, a fair as defined in section 174.1, or a farmers market.
   3.  The dominant form of business shall determine the type of license for establishments which engage in operations covered under both the definition of a food establishment and of a food processing plant.
   4.  The regulatory authority where the unit is domiciled shall issue a license for a mobile food unit.
   An application for renewal of a license shall be made at least thirty days before the expiration of the existing license.
    Sec. 13.  Section 137F.6, subsection 1, Code 2017, is amended to read as follows:
   1.  The regulatory authority shall collect the following annual license fees:
   a.  For a mobile food unit or pushcart, twenty-seven two hundred fifty dollars.
   b.  For a temporary food establishment per fixed location for a single event, thirty-three dollars and fifty cents fifty dollars.
   c.  For a temporary food establishment for multiple nonconcurrent events during a calendar year, one annual license fee of two hundred dollars for each establishment on a countywide basis.
   c.  d.  For a vending machine, twenty fifty dollars for the first machine and five ten dollars for each additional machine.
   d.  e.  For a food establishment which prepares or serves food for individual portion service intended for consumption on-the-premises, the annual license fee shall correspond to the annual gross food and beverage sales of the food establishment, as follows:
   (1)  Annual gross sales of under fifty less than one hundred thousand dollars, sixty-seven dollars and fifty cents one hundred fifty dollars.
   (2)  Annual gross sales of at least fifty one hundred thousand dollars but less than one five hundred thousand dollars, one hundred fourteen dollars and fifty cents three hundred dollars.
   (3)  Annual gross sales of at least one five hundred thousand dollars but less than two hundred fifty thousand dollars, two hundred thirty-six dollars and twenty-five cents or more, four hundred dollars.
   (4)  Annual gross sales of two hundred fifty thousand dollars but less than five hundred thousand dollars, two hundred seventy-five dollars.
   (5)  Annual gross sales of five hundred thousand dollars or more, three hundred three dollars and seventy-five cents.
   e.  f.  For a food establishment which sells food or food products to consumer customers intended for preparation or consumption off-the-premises, the annual license fee shall correspond to the annual gross food and beverage sales of the food establishment, as follows:
   (1)  Annual gross sales of under ten less than two hundred fifty thousand dollars, forty dollars and fifty cents one hundred fifty dollars.
   (2)  Annual gross sales of at least ten two hundred fifty thousand dollars but less than two seven hundred fifty thousand dollars, one hundred one dollars and twenty-five cents three hundred dollars.
   (3)  Annual gross sales of at least two seven hundred fifty thousand dollars but less than five hundred thousand dollars, one hundred fifty-five dollars and twenty-five cents or more, four hundred dollars.
   (4)  Annual gross sales of at least five hundred thousand dollars but less than seven hundred fifty thousand dollars, two hundred two dollars and fifty cents.
   (5)  Annual gross sales of seven hundred fifty thousand dollars or more, three hundred three dollars and seventy-five cents.
   f.  g.  For a food processing plant, the annual license fee shall correspond to the annual gross food and beverage sales of the food processing plant, as follows:
   (1)  Annual gross sales of under fifty less than two hundred thousand dollars, sixty-seven dollars and fifty cents one hundred fifty dollars.
   (2)  Annual gross sales of at least fifty two hundred thousand dollars but less than two hundred fifty thousand million dollars, one hundred thirty-five three hundred dollars.
   (3)  Annual gross sales of at least two hundred fifty thousand million dollars but less than five hundred thousand dollars, two hundred two dollars and fifty cents or more, five hundred dollars.
   (4)  Annual gross sales of five hundred thousand dollars or more, three hundred thirty-seven dollars and fifty cents.
   g.  h.  For a farmers market where potentially hazardous time/temperature control for safety food is sold or distributed, one annual license fee of one hundred fifty dollars for each vendor on a countywide basis.
   i.  For a school, three hundred dollars for a production kitchen and two hundred dollars for a serving site.
   j.  For a certificate of free sale or sanitation, thirty-five dollars for the first certificate and ten dollars for each additional identical certificate requested at the same time.
   h.  k.  For a food establishment covered by both paragraphs “d” “e” and “e” “f”, the license fees assessed shall be an amount not to exceed seventy-five percent of the total fees applicable under both paragraphs applicant shall pay the licensee fee based on the dominant form of business plus one hundred fifty dollars.
   l.  For an unattended food establishment, the annual license fee shall correspond to the annual gross food and beverage sales, as follows:
   (1)  Annual gross sales of less than one hundred thousand dollars, seventy-five dollars.
   (2)  Annual gross sales of one hundred thousand dollars or more, one hundred fifty dollars.
    Sec. 14.  Section 137F.6, subsection 2, Code 2017, is amended by striking the subsection.
    Sec. 15.  Section 137F.10, Code 2017, is amended to read as follows:
   137F.10  Regular inspections.
   The appropriate regulatory authority shall provide for the inspection of each food establishment and food processing plant in this state in accordance with this chapter and with rules adopted pursuant to this chapter in accordance with chapter 17A. A regulatory authority may enter a food establishment or food processing plant at any reasonable hour to conduct an inspection. The manager or person in charge of the food establishment or food processing plant shall afford free access to every part of the premises and render all aid and assistance necessary to enable the regulatory authority to make a thorough and complete inspection. As part of the inspection process, the regulatory authority shall provide an explanation of the violation or violations cited and provide guidance as to actions for correction and elimination of the violation or violations.  The regulatory authority shall document the violations as it deems appropriate. A food establishment or food processing plant being inspected pursuant to this section shall provide the regulatory authority with access to records necessary to determine compliance with this chapter and rules adopted pursuant to this chapter. The regulatory authority may take food or environmental samples as necessary to determine compliance with this chapter and rules adopted pursuant to this chapter.
    Sec. 16.  Section 137F.11, Code 2017, is amended to read as follows:
   137F.11  Inspection upon complaint.
   Upon receipt of a complaint by a customer of a food establishment or food processing plant stating facts indicating the premises are in an unsanitary condition of a food establishment or food processing plant are not in compliance with this chapter or the rules adopted pursuant to this chapter, the regulatory authority may conduct an inspection.  The regulatory authority shall keep the name of the person making the complaint confidential upon that person’s request.
    Sec. 17.  REPEAL.  Section 137F.17, Code 2017, is repealed.
EXPLANATION
The inclusion of this explanation does not constitute agreement with
the explanation’s substance by the members of the general assembly.
   This bill relates to food and consumer safety by changing requirements for the hotel sanitation and food establishment and food processing plants Code chapters.
   Division I of the bill removes the requirement that a local board of health responsible for enforcing the Iowa hotel sanitation code provide to the director of the department of inspections and appeals information regarding the hotel licenses granted in the year. The division requires a regulatory authority, meaning the department of inspections and appeals or a local board of health, in conducting inspections of hotels to do so in accordance with rules adopted by the department of inspections and appeals. The division provides that licensees may be subject to a penalty of 10 percent of the license fee per month rather than a flat 10 percent upon failure to renew a license on or before the expiration date. The division also changes the license fee schedule for hotel licenses. The division provides that if anyone, rather than just a guest of a hotel, files a complaint that the premises is unsanitary, the regulatory authority must conduct an inspection. 
   Division II of the bill relates to food establishments and food processing plants. The division eliminates a food service operation in the Iowa juvenile home from the definition of food establishment. The division adds a definition for “time/temperature control for safety food” and replaces references to potentially hazardous food with this phrase. The division defines the term “event” as a significant occurrence or happening sponsored by a civic, business, educational, governmental, community, or veterans organization and may include athletic contests. The division modifies the definitions of “vending machine” and “vending machine location”.
   The division eliminates the annual report a municipal corporation responsible for enforcing the food establishments and food processing plants Code chapter must provide the director of inspections and appeals, but requires the municipal corporation to use the data system prescribed by the director.
   The division requires a food establishment or food processing plant seeking licensure under the Code chapter to renew prior to the time of the expiration of licensure or within 60 days of the expiration date.
   The division adds a $200 general application fee for licensure under the Code chapter. This general application fee does not apply to farmers markets, temporary food establishments for a single event, temporary food establishments for multiple nonconcurrent events, or vending machines. However, the division requires a person conducting an event to submit an application and a $50 application fee to the appropriate regulatory authority 60 days prior to the event. For purposes of this application and application fee, an “event” does not include a function with 10 or more temporary food establishments, a fair as defined in Code section 174.1, or a farmers market.
   The division changes the license fee schedule for mobile food units or pushcarts, temporary food establishments per fixed location for a single event, temporary food establishments for multiple nonconcurrent events, vending machines, food establishments which prepare or serve food for individual portion service intended for consumption on the premises, food establishments which sell food or food products intended for consumption off the premises, food processing plants, and farmers markets. The division adds new categories of license fees for schools with production kitchens or serving sites, for unattended food establishments, and for certificates of free sale or sanitation.
   The division provides that the regulatory authority must document violations during regular inspections as it deems appropriate. The division also states that a food establishment or food processing plant being inspected shall provide the regulatory authority access to records necessary to determine compliance and the regulatory authority may take food or environmental samples.
   The division provides that if any person, rather than a customer, files a complaint that the premises of a food establishment or food processing plant are not in compliance with the food establishments and food processing plants Code chapter, the regulatory authority may conduct an inspection. The bill allows the person filing the complaint to keep their name confidential.
   The division repeals the Code section subjecting persons in violation of the food establishments and food processing plants Code chapter to a $100 penalty.