SF 2035 (LSB 5235XS (3) 88)

SENATE FILE 2035

BY  R. TAYLOR

A BILL FOR

An Act relating to the unlicensed sale of certain foods at places other than food establishments.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 137F.1, subsection 8, paragraph f, Code 2020, is amended to read as follows:
   f.  Premises of a residence in at which food that is 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. provided that all of the following conditions are met:
   (1)  The food is prepared at the residence of the seller.
   (2)  The food is labeled to identify the name and telephone number of the person preparing the food and the common name of the food.
   (3)  The premises are public property, or private property if the owner of the private property has consented to the use of the premises as a location for the sale.
EXPLANATION
The inclusion of this explanation does not constitute agreement with
the explanation’s substance by the members of the general assembly.
   This bill allows the unlicensed sale of food that is not subject to time and temperature controls for safety to limit pathogenic microorganism growth or toxin formation, on public property, or on private property with the consent of the owner of the private property, if the food was prepared at the residence of the seller and the food is labeled to identify the name and telephone number of the person preparing the food and the common name of the food. Current law exempts only a residence from which a person sells certain foods from the definition of “food establishment” and regulation by the department of inspections and appeals.