Text: HF02106 Text: HF02108 Text: HF02100 - HF02199 Text: HF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Section 1. Section 10A.104, subsection 9, Code 1997, is 1 2 amended to read as follows: 1 3 9. Administer and enforce this chapter, and chapters 99B, 1 4 135B, 135C, 135G, 135H, 135J,137A, 137B,137C, 137D, and137E1 5 137F. 1 6 Sec. 2. Section 100.35, unnumbered paragraph 1, Code 1997, 1 7 is amended to read as follows: 1 8 The fire marshal shall adopt, and may amend rules under 1 9 chapter 17A, which include standards relating to exits and 1 10 exit lights, fire escapes, fire protection, fire safety and 1 11 the elimination of fire hazards, in and for churches, schools, 1 12 hotels, theaters, amphitheaters, hospitals, health care 1 13 facilities as defined in section 135C.1, boarding homes or 1 14 housing, rest homes, dormitories, college buildings, lodge 1 15 halls, club rooms, public meeting places, places of amusement, 1 16 apartment buildings, food establishments as defined in section 1 17137A.1, subsection 5, food service establishments as defined1 18in section 137B.2, subsection 6137F.1, and all other 1 19 buildings or structures in which persons congregate from time 1 20 to time, whether publicly or privately owned. Violation of a 1 21 rule adopted by the fire marshal is a simple misdemeanor. 1 22 However, upon proof that the fire marshal gave written notice 1 23 to the defendant of the violation, and proof that the 1 24 violation constituted a clear and present danger to life, and 1 25 proof that the defendant failed to eliminate the condition 1 26 giving rise to the violation within thirty days after receipt 1 27 of notice from the fire marshal, the penalty is that provided 1 28 by law for a serious misdemeanor. Each day of the continuing 1 29 violation of a rule after conviction of a violation of the 1 30 rule is a separate offense. A conviction is subject to appeal 1 31 as in other criminal cases. 1 32 Sec. 3. Section 137C.6, unnumbered paragraph 2, Code 1997, 1 33 is amended to read as follows: 1 34 If a municipal corporation wants its local board of health 1 35 to license, inspect, and otherwise enforce the Iowa hotel 2 1 sanitation code within its jurisdiction, the municipal 2 2 corporation may enter into an agreement to do so with the 2 3 director. The director may enter into the agreement if the 2 4 director finds that the local board of health has adequate 2 5 resources to perform the required functions. A municipal 2 6 corporation may only enter into an agreement to enforce the 2 7 Iowa hotel sanitation code if it also agrees to enforce the 2 8 Iowa foodservice sanitationcode pursuant to section137B.62 9and the food and beverage vending machine laws pursuant to2 10section 137E.3137F.3. 2 11 Sec. 4. Section 137C.35, unnumbered paragraph 1, Code 2 12 1997, is amended to read as follows: 2 13 This chapter does not apply to bed and breakfast homes as 2 14 defined in section137B.2137F.1. However, a bed and 2 15 breakfast home shall have a smoke detector in proper working 2 16 order in each sleeping room and a fire extinguisher in proper 2 17 working order on each floor. A bed and breakfast home which 2 18 does not receive its drinking water from a public water 2 19 supply, shall have its drinking water tested at least annually 2 20 by the state hygienic laboratory or the local board of health. 2 21 A violation of this section is punishable as provided in 2 22 section 137C.28. 2 23 Sec. 5. NEW SECTION. 137F.1 DEFINITIONS. 2 24 For the purpose of this chapter: 2 25 1. "Bed and breakfast home" means a private residence 2 26 which provides lodging and meals for guests, in which the host 2 27 or hostess resides and in which no more than two guest 2 28 families are lodged at the same time and which, while it may 2 29 advertise and accept reservations, does not hold itself out to 2 30 the public to be a restaurant, hotel, or motel, does not 2 31 require reservations, and serves food only to overnight 2 32 guests. 2 33 2. "Commissary" means a food establishment used for 2 34 preparing, fabricating, packaging, and storage of food or food 2 35 products for distribution and sale through the food 3 1 establishment's own food establishment outlets. 3 2 3. "Department" means the department of inspections and 3 3 appeals. 3 4 4. "Director" means the director of the department of 3 5 inspections and appeals. 3 6 5. "Farmers market" means a marketplace which seasonally 3 7 operates principally as a common market for fresh fruits and 3 8 vegetables on a retail basis for off-the-premises consumption. 3 9 6. "Food" means a raw, cooked, or processed edible 3 10 substance, ice, a beverage, an ingredient used or intended for 3 11 use or sale in whole or in part for human consumption, or 3 12 chewing gum. 3 13 7. "Food code" means the 1997 edition of the United States 3 14 food and drug administration food code. 3 15 8. "Food establishment" means an operation that stores, 3 16 prepares, packages, serves, vends, or otherwise provides food 3 17 for human consumption and includes a food service operation in 3 18 a school, summer camp, residential service substance abuse 3 19 treatment facility, halfway house substance abuse treatment 3 20 facility, correctional facility operated by the department of 3 21 corrections, the state training school, or the Iowa juvenile 3 22 home. "Food establishment" does not include the following: 3 23 a. A food processing plant. 3 24 b. An establishment that offers only prepackaged foods 3 25 that are nonpotentially hazardous. 3 26 c. A produce stand or facility which sells only whole, 3 27 uncut fresh fruits and vegetables. 3 28 d. Premises which are licensed as a home food 3 29 establishment pursuant to chapter 137D. 3 30 e. Premises which operate as a farmers market. 3 31 f. Premises of a residence in which food that is 3 32 nonpotentially hazardous is sold for consumption off-the- 3 33 premises, if the food is labeled to identify the name and 3 34 address of the person preparing the food and the common name 3 35 of the food. As used in this subsection, food that is 4 1 nonpotentially hazardous means only the following: 4 2 (1) Baked goods, except the following: soft pies, bakery 4 3 products with custard or cream fillings, or any other 4 4 potentially hazardous goods. 4 5 (2) Wholesome, fresh eggs that are kept at a temperature 4 6 of forty-one degrees Fahrenheit or five degrees Celsius or 4 7 less. 4 8 (3) Honey which is labeled with additional information as 4 9 provided by departmental rule. 4 10 g. A kitchen in a private home, if only food that is 4 11 nonpotentially hazardous is prepared for sale or service at a 4 12 function such as a religious or charitable organization's bake 4 13 sale and if the consumer is informed by a clearly visible 4 14 placard at the sales or service location that the food is 4 15 prepared in a kitchen that is not subject to regulation and 4 16 inspection by the regulatory authority or in an area where 4 17 food that is prepared as specified above is sold or offered 4 18 for human consumption. 4 19 h. A kitchen in a private home or a bed and breakfast 4 20 home. 4 21 i. A private home that receives catered or home-delivered 4 22 food. 4 23 j. Child day care facilities and other food establishment 4 24 facilities located in hospitals or health care facilities 4 25 which are subject to inspection by other state agencies or 4 26 divisions of the department. 4 27 k. Supply vehicles, vending machine locations, or 4 28 boardinghouses for permanent guests. 4 29 l. Establishments exclusively engaged in the processing of 4 30 meat and poultry which are licensed pursuant to section 4 31 189A.3. 4 32 m. Premises covered by a current class "A" beer permit as 4 33 provided in chapter 123. 4 34 9. "Food processing plant" means a commercial operation 4 35 that manufactures, packages, labels, or stores food for human 5 1 consumption and does not provide food directly to a consumer. 5 2 "Food processing plant" does not include premises covered by a 5 3 class "A" beer permit as provided in chapter 123. 5 4 10. "Mobile food unit" means a food establishment that is 5 5 readily movable, which either operates up to three consecutive 5 6 days at one location or returns to a home base of operation at 5 7 the end of each day. 5 8 11. "Municipal corporation" means a political subdivision 5 9 of this state. 5 10 12. "Perishable food" means potentially hazardous food. 5 11 13. "Potentially hazardous food" means a food that is 5 12 natural or synthetic and is in a form capable of supporting 5 13 the rapid and progressive growth of infectious or toxigenic 5 14 microorganisms, or the growth and toxin production of 5 15 clostridium botulinum. "Potentially hazardous food" includes 5 16 an animal food that is raw or heat-treated, a food of plant 5 17 origin that is heat-treated or consists of raw seed sprouts, 5 18 cut melons, and garlic and oil mixtures. "Potentially 5 19 hazardous food" does not include the following: 5 20 a. An air-cooled hard-boiled egg with shell intact. 5 21 b. A food with a water activity value of 0.85 or less. 5 22 c. A food with a hydrogen ion concentration (pH) level of 5 23 4.6 or below when measured at twenty-four degrees Centigrade 5 24 or seventy-five degrees Fahrenheit. 5 25 d. A food, in an unopened hermetically sealed container, 5 26 that is commercially processed to achieve and maintain 5 27 commercial sterility under conditions of nonrefrigerated 5 28 storage and distribution. 5 29 14. "Pushcart" means a non-self-propelled vehicle food 5 30 establishment limited to serving nonpotentially hazardous 5 31 foods or commissary-wrapped foods maintained at proper 5 32 temperatures, or limited to the preparation and serving of 5 33 frankfurters. 5 34 15. "Regulatory authority" means the department or a 5 35 municipal corporation that has entered into an agreement with 6 1 the director pursuant to section 137F.3 for authority to 6 2 enforce this chapter in its jurisdiction. 6 3 16. "Temporary food establishment" means a food 6 4 establishment that operates for a period of no more than 6 5 fourteen consecutive days in conjunction with a single event 6 6 or celebration. 6 7 17. "Vending machine" means a food establishment which is 6 8 a self-service device that, upon insertion of a coin, paper 6 9 currency, token, card, or key, dispenses unit servings of food 6 10 in bulk or in packages without the necessity of replenishing 6 11 the device between each vending operation. 6 12 18. "Vending machine location" means the physical site 6 13 where a vending machine is installed and operated, including 6 14 the storage and servicing areas on the premises that are used 6 15 in conjunction with the vending machine. 6 16 Sec. 6. NEW SECTION. 137F.2 ADOPTION BY RULE. 6 17 The director shall adopt the food code with the following 6 18 exceptions: 6 19 1. A nonprofit organization which engages in the serving 6 20 of food not more than one day per calendar week and not on two 6 21 or more consecutive days is exempt from this chapter. 6 22 2. A food processing plant shall comply with the "Current 6 23 Good Manufacturing Practices in Manufacturing, Processing, 6 24 Packing, or Holding Human Food" as found in the latest version 6 25 of 21 C.F.R. pt. 110, and with rules adopted by the department 6 26 to enforce the practices. 6 27 3. A vending machine commissary shall be inspected at 6 28 least once each calendar year. 6 29 4. A vending machine which only dispenses prepackaged food 6 30 that is not potentially hazardous is exempt from inspection 6 31 and licensing, except upon receipt of a verified complaint by 6 32 the regulatory authority. 6 33 5. 1-201.10(B)(31) and 3-403.10 shall be deleted. 6 34 6. 3-201-11(B) shall be amended to allow food prepared by 6 35 a home food establishment licensed under chapter 137D or by an 7 1 operation specified under section 137F.1, subsection 8, 7 2 paragraph "f", to be used or offered for sale. 7 3 7. 3-501.16 shall be amended by adding the following: 7 4 "Shell eggs shall be received and held at an ambient 7 5 temperature not to exceed forty-five degrees Fahrenheit or 7 6 seven degrees Celsius." 7 7 8. 3-502.12(A) shall be amended by adding the following: 7 8 "Packaging of raw meat and raw poultry using an oxygen 7 9 packaging method, with a thirty-day 'sell by' date from the 7 10 date it was packaged, shall be exempt from having an HACCP 7 11 Plan that contains the information required in this section 7 12 and section 8-201.14." 7 13 9. 3-603.11 shall be amended by adding the following: 7 14 "The following standardized language shall be used on the 7 15 required consumer advisory: 'Thoroughly cooking foods of 7 16 animal origin such as beef, eggs, fish, lamb, pork, poultry, 7 17 or shellfish reduces the risk of food-borne illness. 7 18 Individuals with certain health conditions may be at higher 7 19 risk if these foods are consumed raw or undercooked. Consult 7 20 your physician or public health official for further 7 21 information.'" 7 22 Sec. 7. NEW SECTION. 137F.3 AUTHORITY TO ENFORCE. 7 23 The director shall regulate, license, and inspect food 7 24 establishments and food processing plants and enforce this 7 25 chapter pursuant to rules adopted by the department in 7 26 accordance with chapter 17A. Municipal corporations shall not 7 27 regulate, license, inspect, or collect license fees from food 7 28 establishments and food processing plants, except as provided 7 29 in this section. 7 30 A municipal corporation may enter into an agreement with 7 31 the director to provide that the municipal corporation shall 7 32 license, inspect, and otherwise enforce this chapter within 7 33 its jurisdiction. The director may enter into the agreement 7 34 if the director finds that the municipal corporation has 7 35 adequate resources to perform the required functions. 8 1 However, the department shall license and inspect all food 8 2 processing plants which manufacture, package, or label food 8 3 products. A municipal corporation may license and inspect, as 8 4 authorized by this section, food processing plants whose 8 5 operations are limited to the storage of food products. 8 6 If the director enters into an agreement with a municipal 8 7 corporation as provided by this section, the director shall 8 8 provide that the inspection practices of a municipal 8 9 corporation are spot-checked on a regular basis. 8 10 A municipal corporation that is responsible for enforcing 8 11 this chapter within its jurisdiction pursuant to an agreement 8 12 shall make an annual report to the director providing the 8 13 following information: 8 14 1. The total number of licenses granted or renewed by the 8 15 municipal corporation under this chapter during the year. 8 16 2. The number of licenses granted or renewed by the 8 17 municipal corporation under this chapter during the year in 8 18 each of the following categories: 8 19 a. Food establishments. 8 20 b. Food processing plants. 8 21 c. Mobile food units and pushcarts. 8 22 d. Temporary food establishments. 8 23 e. Vending machines. 8 24 3. The amount of money collected in license fees during 8 25 the year. 8 26 4. Other information the director requests. 8 27 The director shall monitor municipal corporations which 8 28 have entered into an agreement pursuant to this section to 8 29 determine if they are enforcing this chapter within their 8 30 respective jurisdictions. If the director determines that 8 31 this chapter is not enforced by a municipal corporation, the 8 32 director may rescind the agreement after reasonable notice and 8 33 an opportunity for a hearing. If the agreement is rescinded, 8 34 the director shall assume responsibility for enforcement in 8 35 the jurisdiction involved. 9 1 Sec. 8. NEW SECTION. 137F.4 LICENSE REQUIRED. 9 2 A person shall not open or operate a food establishment or 9 3 food processing plant until the appropriate license has been 9 4 obtained from the regulatory authority. Sale of products at 9 5 wholesale to outlets not owned by a commissary owner requires 9 6 a food processing plant license. A license shall expire one 9 7 year from the date of issue. A license is renewable. All 9 8 licenses issued under this chapter that are not renewed by the 9 9 licensee on or before the expiration date shall be subject to 9 10 a penalty of ten percent per month of the license fee if the 9 11 license is renewed at a later date. 9 12 Sec. 9. NEW SECTION. 137F.5 APPLICATION FOR LICENSE. 9 13 An application form prescribed by the department for a 9 14 license under this chapter shall be obtained from the 9 15 department or from a municipal corporation which is a 9 16 regulatory authority. A completed application shall be 9 17 submitted to the appropriate regulatory authority. 9 18 The dominant form of business shall determine the type of 9 19 license for establishments which engage in operations covered 9 20 under both the definition of a food establishment and of a 9 21 food processing plant. 9 22 The regulatory authority where the unit is domiciled shall 9 23 issue a license for a mobile food unit. 9 24 An application for renewal of a license shall be made at 9 25 least thirty days before the expiration of the existing 9 26 license. 9 27 Sec. 10. NEW SECTION. 137F.6 LICENSE FEES. 9 28 The regulatory authority shall collect the following annual 9 29 license fees: 9 30 1. For a mobile food unit or pushcart, seventy-five 9 31 dollars. 9 32 2. For a temporary food establishment per fixed location, 9 33 twenty-five dollars. 9 34 3. For a vending machine, twenty dollars for the first 9 35 machine and five dollars for each additional machine. 10 1 4. For a food establishment or a section of a food 10 2 establishment, which prepares or serves food for individual 10 3 portion service, the annual license fee shall correspond to 10 4 the annual gross sales of the food establishment, as follows: 10 5 a. Annual gross sales of under fifty thousand dollars, 10 6 sixty dollars. 10 7 b. Annual gross sales of at least fifty thousand dollars 10 8 but less than one hundred thousand dollars, one hundred 10 9 dollars. 10 10 c. Annual gross sales of at least one hundred thousand 10 11 dollars but less than two hundred fifty thousand dollars, two 10 12 hundred dollars. 10 13 d. Annual gross sales of two hundred fifty thousand 10 14 dollars or more, two hundred twenty-five dollars. 10 15 5. For a food establishment or section of a food 10 16 establishment, which sells food or food products to consumer 10 17 customers intended for preparation or consumption off-the- 10 18 premises, the annual license fee shall correspond to the 10 19 annual gross sales of the food establishment, as follows: 10 20 a. Annual gross sales of under ten thousand dollars, 10 21 thirty dollars. 10 22 b. Annual gross sales of at least ten thousand dollars but 10 23 less than two hundred fifty thousand dollars, seventy-five 10 24 dollars. 10 25 c. Annual gross sales of at least two hundred fifty 10 26 thousand dollars but less than five hundred thousand dollars, 10 27 one hundred fifteen dollars. 10 28 d. Annual gross sales of at least five hundred thousand 10 29 dollars but less than seven hundred fifty thousand dollars, 10 30 one hundred fifty dollars. 10 31 e. Annual gross sales of seven hundred fifty thousand 10 32 dollars or more, two hundred twenty-five dollars. 10 33 6. For a food processing plant, the annual license fee 10 34 shall correspond to the annual gross sales of the food 10 35 processing plant, as follows: 11 1 a. Annual gross sales of under fifty thousand dollars, 11 2 fifty dollars. 11 3 b. Annual gross sales of at least fifty thousand dollars 11 4 but less than two hundred fifty thousand dollars, one hundred 11 5 dollars. 11 6 c. Annual gross sales of at least two hundred fifty 11 7 thousand dollars but less than five hundred thousand dollars, 11 8 one hundred fifty dollars. 11 9 d. Annual gross sales of five hundred thousand dollars or 11 10 more, two hundred fifty dollars. 11 11 A food establishment covered by subsections 4 and 5 shall 11 12 be assessed license fees under both subsections. 11 13 Fees collected by the department shall be deposited in the 11 14 general fund of the state. Fees collected by a municipal 11 15 corporation shall be retained by the municipal corporation for 11 16 regulation of food establishments and food processing plants 11 17 licensed under this chapter. 11 18 Each vending machine licensed under this chapter shall bear 11 19 a readily visible identification tag or decal provided by the 11 20 licensee, containing the licensee's business address and phone 11 21 number, and a company license number assigned by the 11 22 regulatory authority. 11 23 Sec. 11. NEW SECTION. 137F.7 SUSPENSION OR REVOCATION OF 11 24 LICENSES. 11 25 The regulatory authority may suspend or revoke a license 11 26 issued to a person under this chapter pursuant to rules 11 27 adopted by the department if any of the following occurs: 11 28 1. The person's food establishment or food processing 11 29 plant does not conform to a provision of this chapter or a 11 30 rule adopted pursuant to this chapter. 11 31 2. The person conducts an activity constituting a criminal 11 32 offense in the food establishment or food processing plant and 11 33 is convicted of a serious misdemeanor or a more serious 11 34 offense as a result. 11 35 A licensee may appeal a suspension or revocation in 12 1 accordance with rules adopted by the department. 12 2 Sec. 12. NEW SECTION. 137F.8 FARMERS MARKETS. 12 3 A vendor who offers a product for sale at a farmers market 12 4 shall have the sole responsibility to obtain and maintain any 12 5 license required to sell or distribute the product. 12 6 Sec. 13. NEW SECTION. 137F.9 OPERATION WITHOUT 12 7 INSPECTION PROHIBITED. 12 8 A person shall not open or operate a food establishment or 12 9 food processing plant until an inspection has been made and a 12 10 license has been issued by the regulatory authority. 12 11 Inspections shall be conducted according to standards adopted 12 12 by rule of the department pursuant to chapter 17A. 12 13 A person who opens or operates a food establishment or food 12 14 processing plant without a license is subject to a penalty of 12 15 up to twice the amount of the annual license fee. 12 16 Sec. 14. NEW SECTION. 137F.10 REGULAR INSPECTIONS. 12 17 The appropriate regulatory authority shall provide for the 12 18 inspection of each food establishment and food processing 12 19 plant in this state in accordance with this chapter and with 12 20 rules adopted pursuant to this chapter in accordance with 12 21 chapter 17A. A regulatory authority may enter a food 12 22 establishment or food processing plant at any reasonable hour 12 23 to conduct an inspection. The manager or person in charge of 12 24 the food establishment or food processing plant shall afford 12 25 free access to every part of the premises and render all aid 12 26 and assistance necessary to enable the regulatory authority to 12 27 make a thorough and complete inspection. 12 28 Sec. 15. NEW SECTION. 137F.11 INSPECTION UPON COMPLAINT. 12 29 Upon receipt of a complaint by a customer of a food 12 30 establishment or food processing plant stating facts 12 31 indicating the premises are in an unsanitary condition, the 12 32 regulatory authority may conduct an inspection. 12 33 Sec. 16. NEW SECTION. 137F.12 PLUMBING. 12 34 A food establishment or food processing plant shall have an 12 35 adequately designed plumbing system conforming to at least the 13 1 minimum requirements of the state plumbing code, or local 13 2 plumbing code, whichever is more stringent. The plumbing 13 3 system shall have a connection to a municipal water and sewer 13 4 system or to a benefited water district or sanitary district 13 5 if such facilities are available. 13 6 Sec. 17. NEW SECTION. 137F.13 WATER AND WASTE TREATMENT. 13 7 If a food establishment or food processing plant is served 13 8 by privately owned water or waste treatment facilities, those 13 9 facilities shall meet the technical requirements of the local 13 10 board of health and the department of natural resources. 13 11 Sec. 18. NEW SECTION. 137F.14 TOILETS AND LAVATORIES. 13 12 A food establishment or food processing plant shall provide 13 13 toilet and lavatory facilities in accordance with rules 13 14 adopted by the department pursuant to this chapter in 13 15 accordance with chapter 17A. 13 16 Sec. 19. NEW SECTION. 137F.15 FIRE SAFETY. 13 17 A violation of a fire safety rule adopted pursuant to 13 18 section 100.35 and applicable to food establishments or food 13 19 processing plants which occurs on the premises of a food 13 20 establishment or food processing plant is a violation of this 13 21 chapter. 13 22 Sec. 20. NEW SECTION. 137F.16 CONFLICTS WITH STATE 13 23 BUILDING CODE. 13 24 Provisions of this chapter in conflict with the state 13 25 building code shall not apply where the state building code 13 26 has been adopted or when the state building code applies 13 27 throughout the state. 13 28 Sec. 21. NEW SECTION. 137F.17 PENALTY. 13 29 A person who violates this chapter or rules adopted 13 30 pursuant to this chapter commits a simple misdemeanor. 13 31 Sec. 22. NEW SECTION. 137F.18 INJUNCTION. 13 32 A person opening or operating a food establishment or food 13 33 processing plant in violation of this chapter may be enjoined 13 34 from further operation of the establishment or plant. If an 13 35 imminent health hazard exists, the establishment or plant must 14 1 cease operation. Operation shall not be resumed until 14 2 authorized by the regulatory authority. 14 3 Sec. 23. NEW SECTION. 137F.19 DUTY OF COUNTY OR CITY 14 4 ATTORNEY. 14 5 The county attorney in each county or city attorney in each 14 6 city shall assist in the enforcement of this chapter. 14 7 Sec. 24. Section 172A.6, unnumbered paragraph 1, Code 14 8 1997, is amended to read as follows: 14 9 The license and financial responsibility provisions of this 14 10 chapter shall not apply to any person who is licensedby the14 11secretaryas provided in chapter137A137F, 171, or 172 and 14 12 who purchases livestock for slaughter valued at less than an 14 13 average daily value of two thousand five hundred dollars 14 14 during the preceding twelve months or such part thereof as the 14 15 person was purchasing livestock. Said licensees are made 14 16 subject to this chapter as to the regulatory and penal 14 17 provisions hereof. All other provisions of this chapter shall 14 18 apply to said dealers or brokers. 14 19 Sec. 25. Section 189A.3, unnumbered paragraph 1, Code 14 20 1997, is amended to read as follows: 14 21 No person shall operate an establishment other than a 14 22grocery store orfoodserviceestablishment as defined in 14 23 section137B.2137F.1 without first obtaining a license from 14 24 the department. The license fee for each establishment per 14 25 year or any part of a year shall be: 14 26 Sec. 26. Section 331.382, subsection 5, Code 1997, is 14 27 amended to read as follows: 14 28 5. The board shall not regulate, license, inspect, or 14 29 collect license fees from foodserviceestablishments or food 14 30 and beverage vending machines except as provided in chapter 14 31137B137F or from hotels except as provided in chapter 137Cor14 32for food and beverage vending machines except as provided in14 33section 137E.3. 14 34 Sec. 27. Section 331.756, subsection 32, Code Supplement 14 35 1997, is amended to read as follows: 15 1 32. Assist the department of inspections and appeals in 15 2 the enforcement ofthe food establishment laws,the Iowa food 15 3service sanitationcode,and the Iowa hotel sanitation code as 15 4 provided in sections137A.26, 137B.21,137F.19 and 137C.30. 15 5 Sec. 28. Chapters 137A, 137B, and 137E, Code 1997, are 15 6 repealed. 15 7 Sec. 29. EFFECTIVE DATE AND TRANSITION PROVISIONS. 15 8 1. This Act takes effect January 1, 1999. 15 9 2. A license issued pursuant to chapter 137A, 137B, or 15 10 137E before the effective date of this Act shall remain valid 15 11 and be deemed the same as a license issued pursuant to chapter 15 12 137F for the remaining term of the license. 15 13 3. An establishment with licenses under both chapters 137A 15 14 and 137B on the effective date of this Act shall not be issued 15 15 a license under chapter 137F until both licenses have expired. 15 16 EXPLANATION 15 17 This bill repeals Code chapters 137A, 137B, and 137E 15 18 effective January 1, 1999. The new chapter which replaces 15 19 these three chapters reflects the adoption on the federal 15 20 level of the 1997 model food code, and replaces the definition 15 21 of "bed and breakfast home" in the food code with the current 15 22 definition contained in Code section 137B.2. The separate 15 23 chapters governing food establishments, the food service 15 24 sanitation code, and food and beverage vending machines are 15 25 combined into one chapter. The bill deletes provisions that 15 26 allow the department to amend the food code through the 15 27 administrative rule process. 15 28 The bill provides for a revised license fee structure for 15 29 fees charged for licensing vending machines and food service 15 30 establishments, as well as an administrative fee of up to 10 15 31 percent of the total license fees collected in a fiscal year 15 32 which shall be charged to municipalities that regulate food 15 33 establishments. The bill amends other Code sections 15 34 containing internal references to the repealed chapters. 15 35 The bill also establishes a transition between licenses 16 1 issued under the repealed chapters and licenses issued under 16 2 chapter 137F. 16 3 LSB 3292HH 77 16 4 rn/jl/8.1
Text: HF02106 Text: HF02108 Text: HF02100 - HF02199 Text: HF Index Bills and Amendments: General Index Bill History: General Index
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