Text: HF02165 Text: HF02167 Text: HF02100 - HF02199 Text: HF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 HOUSE FILE 2166 1 2 1 3 AN ACT 1 4 RELATING TO REGULATION OF FOOD ESTABLISHMENTS AND PROVIDING 1 5 FOR FEES AND PENALTIES AND PROVIDING AN EFFECTIVE DATE. 1 6 1 7 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 1 8 1 9 Section 1. Section 10A.104, subsection 9, Code 1997, is 1 10 amended to read as follows: 1 11 9. Administer and enforce this chapter, and chapters 99B, 1 12 135B, 135C, 135G, 135H, 135J,137A, 137B,137C, 137D, and137E1 13 137F. 1 14 Sec. 2. Section 100.35, unnumbered paragraph 1, Code 1997, 1 15 is amended to read as follows: 1 16 The fire marshal shall adopt, and may amend rules under 1 17 chapter 17A, which include standards relating to exits and 1 18 exit lights, fire escapes, fire protection, fire safety and 1 19 the elimination of fire hazards, in and for churches, schools, 1 20 hotels, theaters, amphitheaters, hospitals, health care 1 21 facilities as defined in section 135C.1, boarding homes or 1 22 housing, rest homes, dormitories, college buildings, lodge 1 23 halls, club rooms, public meeting places, places of amusement, 1 24 apartment buildings, food establishments as defined in section 1 25137A.1, subsection 5, food service establishments as defined1 26in section 137B.2, subsection 6137F.1, and all other 1 27 buildings or structures in which persons congregate from time 1 28 to time, whether publicly or privately owned. Violation of a 1 29 rule adopted by the fire marshal is a simple misdemeanor. 1 30 However, upon proof that the fire marshal gave written notice 1 31 to the defendant of the violation, and proof that the 1 32 violation constituted a clear and present danger to life, and 1 33 proof that the defendant failed to eliminate the condition 1 34 giving rise to the violation within thirty days after receipt 1 35 of notice from the fire marshal, the penalty is that provided 2 1 by law for a serious misdemeanor. Each day of the continuing 2 2 violation of a rule after conviction of a violation of the 2 3 rule is a separate offense. A conviction is subject to appeal 2 4 as in other criminal cases. 2 5 Sec. 3. Section 137C.6, unnumbered paragraph 2, Code 1997, 2 6 is amended to read as follows: 2 7 If a municipal corporation wants its local board of health 2 8 to license, inspect, and otherwise enforce the Iowa hotel 2 9 sanitation code within its jurisdiction, the municipal 2 10 corporation may enter into an agreement to do so with the 2 11 director. The director may enter into the agreement if the 2 12 director finds that the local board of health has adequate 2 13 resources to perform the required functions. A municipal 2 14 corporation may only enter into an agreement to enforce the 2 15 Iowa hotel sanitation code if it also agrees to enforce the 2 16 Iowa foodservice sanitationcode pursuant to section137B.62 17and the food and beverage vending machine laws pursuant to2 18section 137E.3137F.3. 2 19 Sec. 4. Section 137C.35, unnumbered paragraph 1, Code 2 20 1997, is amended to read as follows: 2 21 This chapter does not apply to bed and breakfast homes as 2 22 defined in section137B.2137F.1. However, a bed and 2 23 breakfast home shall have a smoke detector in proper working 2 24 order in each sleeping room and a fire extinguisher in proper 2 25 working order on each floor. A bed and breakfast home which 2 26 does not receive its drinking water from a public water 2 27 supply, shall have its drinking water tested at least annually 2 28 by the state hygienic laboratory or the local board of health. 2 29 A violation of this section is punishable as provided in 2 30 section 137C.28. 2 31 Sec. 5. NEW SECTION. 137D.9 EXEMPTION. 2 32 This chapter shall not apply to a home food establishment 2 33 having gross annual sales of prepared food of one thousand 2 34 dollars or less, if the person who prepares the food sells or 2 35 offers to sell the food on or off the premises of the home 3 1 food establishment and if the food is labeled to identify the 3 2 name and address of the person preparing the food and the 3 3 common name of the food, and to state that the food is 3 4 prepared in a kitchen that is not subject to state inspection, 3 5 regulation, or licensure. 3 6 Sec. 6. NEW SECTION. 137F.1 DEFINITIONS. 3 7 For the purpose of this chapter: 3 8 1. "Bed and breakfast home" means a private residence 3 9 which provides lodging and meals for guests, in which the host 3 10 or hostess resides and in which no more than four guest 3 11 families are lodged at the same time and which, while it may 3 12 advertise and accept reservations, does not hold itself out to 3 13 the public to be a restaurant, hotel, or motel, does not 3 14 require reservations, and serves food only to overnight 3 15 guests. 3 16 2. "Commissary" means a food establishment used for 3 17 preparing, fabricating, packaging, and storage of food or food 3 18 products for distribution and sale through the food 3 19 establishment's own food establishment outlets. 3 20 3. "Department" means the department of inspections and 3 21 appeals. 3 22 4. "Director" means the director of the department of 3 23 inspections and appeals. 3 24 5. "Farmers market" means a marketplace which seasonally 3 25 operates principally as a common market for fresh fruits and 3 26 vegetables on a retail basis for off-the-premises consumption. 3 27 6. "Food" means a raw, cooked, or processed edible 3 28 substance, ice, a beverage, an ingredient used or intended for 3 29 use or sale in whole or in part for human consumption, or 3 30 chewing gum. 3 31 7. "Food code" means the 1997 edition of the United States 3 32 food and drug administration food code. 3 33 8. "Food establishment" means an operation that stores, 3 34 prepares, packages, serves, vends, or otherwise provides food 3 35 for human consumption and includes a food service operation in 4 1 a school, summer camp, residential service substance abuse 4 2 treatment facility, halfway house substance abuse treatment 4 3 facility, correctional facility operated by the department of 4 4 corrections, the state training school, or the Iowa juvenile 4 5 home. "Food establishment" does not include the following: 4 6 a. A food processing plant. 4 7 b. An establishment that offers only prepackaged foods 4 8 that are nonpotentially hazardous. 4 9 c. A produce stand or facility which sells only whole, 4 10 uncut fresh fruits and vegetables. 4 11 d. Premises which are a home food establishment pursuant 4 12 to chapter 137D. 4 13 e. Premises which operate as a farmers market. 4 14 f. Premises of a residence in which food that is 4 15 nonpotentially hazardous is sold for consumption off-the- 4 16 premises, if the food is labeled to identify the name and 4 17 address of the person preparing the food and the common name 4 18 of the food. As used in this subsection, food that is 4 19 nonpotentially hazardous means only the following: 4 20 (1) Baked goods, except the following: soft pies, bakery 4 21 products with custard or cream fillings, or any other 4 22 potentially hazardous goods. 4 23 (2) Wholesome, fresh eggs that are kept at a temperature 4 24 of forty-five degrees Fahrenheit or seven degrees Celsius or 4 25 less. 4 26 (3) Honey which is labeled with additional information as 4 27 provided by departmental rule. 4 28 g. A kitchen in a private home where food is prepared or 4 29 stored for family consumption or in a bed and breakfast home. 4 30 h. A private home that receives catered or home-delivered 4 31 food. 4 32 i. Child day care facilities and other food establishment 4 33 facilities located in hospitals or health care facilities 4 34 which are subject to inspection by other state agencies or 4 35 divisions of the department. 5 1 j. Supply vehicles, vending machine locations, or 5 2 boardinghouses for permanent guests. 5 3 k. Establishments exclusively engaged in the processing of 5 4 meat and poultry which are licensed pursuant to section 5 5 189A.3. 5 6 l. Premises covered by a current class "A" beer permit as 5 7 provided in chapter 123. 5 8 9. "Food processing plant" means a commercial operation 5 9 that manufactures, packages, labels, or stores food for human 5 10 consumption and does not provide food directly to a consumer. 5 11 "Food processing plant" does not include premises covered by a 5 12 class "A" beer permit as provided in chapter 123. 5 13 10. "Mobile food unit" means a food establishment that is 5 14 readily movable, which either operates up to three consecutive 5 15 days at one location or returns to a home base of operation at 5 16 the end of each day. 5 17 11. "Municipal corporation" means a political subdivision 5 18 of this state. 5 19 12. "Perishable food" means potentially hazardous food. 5 20 13. "Potentially hazardous food" means a food that is 5 21 natural or synthetic and is in a form capable of supporting 5 22 the rapid and progressive growth of infectious or toxigenic 5 23 microorganisms, or the growth and toxin production of 5 24 clostridium botulinum. "Potentially hazardous food" includes 5 25 an animal food that is raw or heat-treated, a food of plant 5 26 origin that is heat-treated or consists of raw seed sprouts, 5 27 cut melons, and garlic and oil mixtures. "Potentially 5 28 hazardous food" does not include the following: 5 29 a. An air-cooled hard-boiled egg with shell intact. 5 30 b. A food with a water activity value of 0.85 or less. 5 31 c. A food with a hydrogen ion concentration (pH) level of 5 32 4.6 or below when measured at twenty-four degrees Centigrade 5 33 or seventy-five degrees Fahrenheit. 5 34 d. A food, in an unopened hermetically sealed container, 5 35 that is commercially processed to achieve and maintain 6 1 commercial sterility under conditions of nonrefrigerated 6 2 storage and distribution. 6 3 14. "Pushcart" means a non-self-propelled vehicle food 6 4 establishment limited to serving nonpotentially hazardous 6 5 foods or commissary-wrapped foods maintained at proper 6 6 temperatures, or limited to the preparation and serving of 6 7 frankfurters. 6 8 15. "Regulatory authority" means the department or a 6 9 municipal corporation that has entered into an agreement with 6 10 the director pursuant to section 137F.3 for authority to 6 11 enforce this chapter in its jurisdiction. 6 12 16. "Temporary food establishment" means a food 6 13 establishment that operates for a period of no more than 6 14 fourteen consecutive days in conjunction with a single event 6 15 or celebration. 6 16 17. "Vending machine" means a food establishment which is 6 17 a self-service device that, upon insertion of a coin, paper 6 18 currency, token, card, or key, dispenses unit servings of food 6 19 in bulk or in packages without the necessity of replenishing 6 20 the device between each vending operation. 6 21 18. "Vending machine location" means the physical site 6 22 where a vending machine is installed and operated, including 6 23 the storage and servicing areas on the premises that are used 6 24 in conjunction with the vending machine. 6 25 Sec. 7. NEW SECTION. 137F.2 ADOPTION BY RULE. 6 26 The director shall adopt the food code with the following 6 27 exceptions: 6 28 1. Places used by a nonprofit organization which engages 6 29 in the serving of food not more than one day per calendar week 6 30 and not on two or more consecutive days are exempt from this 6 31 chapter. 6 32 2. A food processing plant shall comply with the "Current 6 33 Good Manufacturing Practices in Manufacturing, Processing, 6 34 Packing, or Holding Human Food" as found in the latest version 6 35 of 21 C.F.R. pt. 110, and with rules adopted by the department 7 1 to enforce the practices. 7 2 3. A vending machine commissary shall be inspected at 7 3 least once each calendar year. 7 4 4. A vending machine which only dispenses prepackaged food 7 5 that is nonpotentially hazardous is exempt from inspection and 7 6 licensing, except upon receipt of a verified complaint by the 7 7 regulatory authority. 7 8 5. 1-201.10(B)(31) and 3-403.10 shall be deleted. 7 9 6. 3-201-11(B) shall be amended to allow food prepared by 7 10 a home food establishment licensed under chapter 137D or by an 7 11 operation specified under section 137F.1, subsection 8, 7 12 paragraph "f", to be used or offered for sale. 7 13 7. 3-301.11(B) shall be amended by deleting the section 7 14 and replacing it with the following: 7 15 (1) Except when washing fruits and vegetables, food 7 16 employees should, to the extent practicable, avoid contact 7 17 with exposed, ready-to-eat food with their bare hands. Where 7 18 ready-to-eat food is routinely handled by employees, employers 7 19 should adopt reasonable sanitary procedures to reduce the risk 7 20 of the transmission of pathogenic organisms. 7 21 (2) In seeking to minimize employees' physical contact 7 22 with ready-to-eat foods, no single method or device is 7 23 universally practical or necessarily the most effective method 7 24 to prevent the transmission of pathogenic organisms in all 7 25 situations. As such, each public food service establishment 7 26 shall review its operations to identify procedures where 7 27 ready-to-eat food must be routinely handled by its employees 7 28 and adopt one or more of the following sanitary alternatives, 7 29 to be used either alone or in combination, to prevent the 7 30 transmission of pathogenic organisms: 7 31 (a) The use of suitable food handling materials including, 7 32 but not limited to, deli tissues, appropriate utensils, or 7 33 dispensing equipment. Such materials must be used in 7 34 conjunction with thorough hand washing practices in accord 7 35 with paragraph (c). 8 1 (b) The use of single-use gloves, for the purpose of 8 2 preparing or handling ready-to-eat foods, shall be discarded 8 3 when damaged or soiled or when the process of food preparation 8 4 or handling is interrupted. Single-use gloves must be used in 8 5 conjunction with thorough hand washing practices in accord 8 6 with paragraph (c). 8 7 (c) The use, pursuant to the manufacturer's instructions, 8 8 of anti-microbial soaps, with the additional optional use of 8 9 anti-bacterial protective skin lotions or anti-microbial hand 8 10 sanitizers, rinses, or dips. All such soaps, lotions, 8 11 sanitizers, rinses, and dips must contain active topical anti- 8 12 microbial or anti-bacterial ingredients, registered by the 8 13 United States environmental protection agency, cleared by the 8 14 United States food and drug administration, and approved by 8 15 the United States department of agriculture. 8 16 (d) The use of such other practices, devices, or products 8 17 that are found by the division to achieve a comparable level 8 18 of protection to one or more of the sanitary alternatives in 8 19 paragraphs (a) through (c). 8 20 (3) Regardless of the sanitary alternatives in use, each 8 21 public food service establishment shall establish: 8 22 (a) Systematic focused education and training of all food 8 23 service employees involved in the identified procedures 8 24 regarding the potential for transmission of pathogenic 8 25 organisms from contact with ready-to-eat food. The importance 8 26 of proper hand washing and hygiene in preventing the 8 27 transmission of illness, and the effective use of the sanitary 8 28 alternatives and monitoring systems utilized by the public 8 29 food service establishment, shall be reinforced. The content 8 30 and duration of this training shall be determined by the 8 31 manager of the public food service establishment. 8 32 (b) A monitoring system to demonstrate the proper and 8 33 effective use of the sanitary alternatives utilized by the 8 34 public food service establishment. 8 35 8. 3-501.16 shall be amended by adding the following: 9 1 "Shell eggs shall be received and held at an ambient 9 2 temperature not to exceed forty-five degrees Fahrenheit or 9 3 seven degrees Celsius." 9 4 9. 3-502.12(A) shall be amended by adding the following: 9 5 "Packaging of raw meat and raw poultry using an oxygen 9 6 packaging method, with a thirty-day 'sell by' date from the 9 7 date it was packaged, shall be exempt from having an HACCP 9 8 Plan that contains the information required in this section 9 9 and section 8-201.14." 9 10 10. 3-603.11 shall be amended by adding the following: 9 11 "The following standardized language shall be used on the 9 12 required consumer advisory: 'Thoroughly cooking foods of 9 13 animal origin such as beef, eggs, fish, lamb, pork, poultry, 9 14 or shellfish reduces the risk of food-borne illness. 9 15 Individuals with certain health conditions may be at higher 9 16 risk if these foods are consumed raw or undercooked. Consult 9 17 your physician or public health official for further 9 18 information.'" 9 19 11. A carbonating device in a food establishment shall 9 20 have a dual check valve which shall be installed so that it is 9 21 upstream from the carbonating device and downstream from any 9 22 copper in the water supply line. 9 23 Sec. 8. NEW SECTION. 137F.3 AUTHORITY TO ENFORCE. 9 24 The director shall regulate, license, and inspect food 9 25 establishments and food processing plants and enforce this 9 26 chapter pursuant to rules adopted by the department in 9 27 accordance with chapter 17A. Municipal corporations shall not 9 28 regulate, license, inspect, or collect license fees from food 9 29 establishments and food processing plants, except as provided 9 30 in this section. 9 31 A municipal corporation may enter into an agreement with 9 32 the director to provide that the municipal corporation shall 9 33 license, inspect, and otherwise enforce this chapter within 9 34 its jurisdiction. The director may enter into the agreement 9 35 if the director finds that the municipal corporation has 10 1 adequate resources to perform the required functions. A 10 2 municipal corporation may only enter into an agreement to 10 3 enforce the Iowa food code pursuant to this section if it also 10 4 agrees to enforce the Iowa hotel sanitation code pursuant to 10 5 section 137C.6. However, the department shall license and 10 6 inspect all food processing plants which manufacture, package, 10 7 or label food products. A municipal corporation may license 10 8 and inspect, as authorized by this section, food processing 10 9 plants whose operations are limited to the storage of food 10 10 products. 10 11 If the director enters into an agreement with a municipal 10 12 corporation as provided by this section, the director shall 10 13 provide that the inspection practices of a municipal 10 14 corporation are spot-checked on a regular basis. 10 15 A municipal corporation that is responsible for enforcing 10 16 this chapter within its jurisdiction pursuant to an agreement 10 17 shall make an annual report to the director providing the 10 18 following information: 10 19 1. The total number of licenses granted or renewed by the 10 20 municipal corporation under this chapter during the year. 10 21 2. The number of licenses granted or renewed by the 10 22 municipal corporation under this chapter during the year in 10 23 each of the following categories: 10 24 a. Food establishments. 10 25 b. Food processing plants. 10 26 c. Mobile food units and pushcarts. 10 27 d. Temporary food establishments. 10 28 e. Vending machines. 10 29 3. The amount of money collected in license fees during 10 30 the year. 10 31 4. Other information the director requests. 10 32 The director shall monitor municipal corporations which 10 33 have entered into an agreement pursuant to this section to 10 34 determine if they are enforcing this chapter within their 10 35 respective jurisdictions. If the director determines that 11 1 this chapter is not enforced by a municipal corporation, the 11 2 director may rescind the agreement after reasonable notice and 11 3 an opportunity for a hearing. If the agreement is rescinded, 11 4 the director shall assume responsibility for enforcement in 11 5 the jurisdiction involved. 11 6 Sec. 9. NEW SECTION. 137F.4 LICENSE REQUIRED. 11 7 A person shall not operate a food establishment or food 11 8 processing plant to provide goods or services to the general 11 9 public, or open a food establishment to the general public, 11 10 until the appropriate license has been obtained from the 11 11 regulatory authority. Sale of products at wholesale to 11 12 outlets not owned by a commissary owner requires a food 11 13 processing plant license. A license shall expire one year 11 14 from the date of issue. A license is renewable. All licenses 11 15 issued under this chapter that are not renewed by the licensee 11 16 on or before the expiration date shall be subject to a penalty 11 17 of ten percent per month of the license fee if the license is 11 18 renewed at a later date. 11 19 Sec. 10. NEW SECTION. 137F.5 APPLICATION FOR LICENSE. 11 20 An application form prescribed by the department for a 11 21 license under this chapter shall be obtained from the 11 22 department or from a municipal corporation which is a 11 23 regulatory authority. A completed application shall be 11 24 submitted to the appropriate regulatory authority. 11 25 The dominant form of business shall determine the type of 11 26 license for establishments which engage in operations covered 11 27 under both the definition of a food establishment and of a 11 28 food processing plant. 11 29 The regulatory authority where the unit is domiciled shall 11 30 issue a license for a mobile food unit. 11 31 An application for renewal of a license shall be made at 11 32 least thirty days before the expiration of the existing 11 33 license. 11 34 Sec. 11. NEW SECTION. 137F.6 LICENSE FEES. 11 35 The regulatory authority shall collect the following annual 12 1 license fees: 12 2 1. For a mobile food unit or pushcart, twenty dollars. 12 3 2. For a temporary food establishment per fixed location, 12 4 twenty-five dollars. 12 5 3. For a vending machine, twenty dollars for the first 12 6 machine and five dollars for each additional machine. 12 7 4. For a food establishment which prepares or serves food 12 8 for individual portion service intended for consumption on- 12 9 the-premises, the annual license fee shall correspond to the 12 10 annual gross food and beverage sales of the food 12 11 establishment, as follows: 12 12 a. Annual gross sales of under fifty thousand dollars, 12 13 fifty dollars. 12 14 b. Annual gross sales of at least fifty thousand dollars 12 15 but less than one hundred thousand dollars, eighty-five 12 16 dollars. 12 17 c. Annual gross sales of at least one hundred thousand 12 18 dollars but less than two hundred fifty thousand dollars, one 12 19 hundred seventy-five dollars. 12 20 d. Annual gross sales of two hundred fifty thousand 12 21 dollars but less than five hundred thousand dollars, two 12 22 hundred dollars. 12 23 e. Annual gross sales of five hundred thousand dollars or 12 24 more, two hundred twenty-five dollars. 12 25 5. For a food establishment which sells food or food 12 26 products to consumer customers intended for preparation or 12 27 consumption off-the-premises, the annual license fee shall 12 28 correspond to the annual gross food and beverage sales of the 12 29 food establishment, as follows: 12 30 a. Annual gross sales of under ten thousand dollars, 12 31 thirty dollars. 12 32 b. Annual gross sales of at least ten thousand dollars but 12 33 less than two hundred fifty thousand dollars, seventy-five 12 34 dollars. 12 35 c. Annual gross sales of at least two hundred fifty 13 1 thousand dollars but less than five hundred thousand dollars, 13 2 one hundred fifteen dollars. 13 3 d. Annual gross sales of at least five hundred thousand 13 4 dollars but less than seven hundred fifty thousand dollars, 13 5 one hundred fifty dollars. 13 6 e. Annual gross sales of seven hundred fifty thousand 13 7 dollars or more, two hundred twenty-five dollars. 13 8 6. For a food processing plant, the annual license fee 13 9 shall correspond to the annual gross food and beverage sales 13 10 of the food processing plant, as follows: 13 11 a. Annual gross sales of under fifty thousand dollars, 13 12 fifty dollars. 13 13 b. Annual gross sales of at least fifty thousand dollars 13 14 but less than two hundred fifty thousand dollars, one hundred 13 15 dollars. 13 16 c. Annual gross sales of at least two hundred fifty 13 17 thousand dollars but less than five hundred thousand dollars, 13 18 one hundred fifty dollars. 13 19 d. Annual gross sales of five hundred thousand dollars or 13 20 more, two hundred fifty dollars. 13 21 A food establishment covered by subsections 4 and 5 shall 13 22 be assessed license fees not to exceed seventy-five percent of 13 23 the total fees applicable under both subsections. 13 24 Fees collected by the department shall be deposited in the 13 25 general fund of the state. Fees collected by a municipal 13 26 corporation shall be retained by the municipal corporation for 13 27 regulation of food establishments and food processing plants 13 28 licensed under this chapter. 13 29 Each vending machine licensed under this chapter shall bear 13 30 a readily visible identification tag or decal provided by the 13 31 licensee, containing the licensee's business address and phone 13 32 number, and a company license number assigned by the 13 33 regulatory authority. 13 34 Sec. 12. NEW SECTION. 137F.7 SUSPENSION OR REVOCATION OF 13 35 LICENSES. 14 1 The regulatory authority may suspend or revoke a license 14 2 issued to a person under this chapter pursuant to rules 14 3 adopted by the department if any of the following occurs: 14 4 1. The person's food establishment or food processing 14 5 plant does not conform to a provision of this chapter or a 14 6 rule adopted pursuant to this chapter. 14 7 2. The person conducts an activity constituting a criminal 14 8 offense in the food establishment or food processing plant and 14 9 is convicted of a serious misdemeanor or a more serious 14 10 offense as a result. 14 11 A licensee may appeal a suspension or revocation in 14 12 accordance with rules adopted by the department. 14 13 Sec. 13. NEW SECTION. 137F.8 FARMERS MARKETS. 14 14 A vendor who offers a product for sale at a farmers market 14 15 shall have the sole responsibility to obtain and maintain any 14 16 license required to sell or distribute the product. 14 17 Sec. 14. NEW SECTION. 137F.9 OPERATION WITHOUT 14 18 INSPECTION PROHIBITED. 14 19 A person shall not open or operate a food establishment or 14 20 food processing plant until an inspection has been made and a 14 21 license has been issued by the regulatory authority. 14 22 Inspections shall be conducted according to standards adopted 14 23 by rule of the department pursuant to chapter 17A. 14 24 A person who opens or operates a food establishment or food 14 25 processing plant without a license is subject to a penalty of 14 26 up to twice the amount of the annual license fee. 14 27 Sec. 15. NEW SECTION. 137F.10 REGULAR INSPECTIONS. 14 28 The appropriate regulatory authority shall provide for the 14 29 inspection of each food establishment and food processing 14 30 plant in this state in accordance with this chapter and with 14 31 rules adopted pursuant to this chapter in accordance with 14 32 chapter 17A. A regulatory authority may enter a food 14 33 establishment or food processing plant at any reasonable hour 14 34 to conduct an inspection. The manager or person in charge of 14 35 the food establishment or food processing plant shall afford 15 1 free access to every part of the premises and render all aid 15 2 and assistance necessary to enable the regulatory authority to 15 3 make a thorough and complete inspection. 15 4 Sec. 16. NEW SECTION. 137F.11 INSPECTION UPON COMPLAINT. 15 5 Upon receipt of a complaint by a customer of a food 15 6 establishment or food processing plant stating facts 15 7 indicating the premises are in an unsanitary condition, the 15 8 regulatory authority may conduct an inspection. 15 9 Sec. 17. NEW SECTION. 137F.12 PLUMBING. 15 10 A food establishment or food processing plant shall have an 15 11 adequately designed plumbing system conforming to at least the 15 12 minimum requirements of the state plumbing code, or local 15 13 plumbing code, whichever is more stringent. The plumbing 15 14 system shall have a connection to a municipal water and sewer 15 15 system or to a benefited water district or sanitary district 15 16 if such facilities are available. 15 17 Sec. 18. NEW SECTION. 137F.13 WATER AND WASTE TREATMENT. 15 18 If a food establishment or food processing plant is served 15 19 by privately owned water or waste treatment facilities, those 15 20 facilities shall meet the technical requirements of the local 15 21 board of health and the department of natural resources. 15 22 Sec. 19. NEW SECTION. 137F.14 TOILETS AND LAVATORIES. 15 23 A food establishment or food processing plant shall provide 15 24 toilet and lavatory facilities in accordance with rules 15 25 adopted by the department pursuant to this chapter in 15 26 accordance with chapter 17A. 15 27 Sec. 20. NEW SECTION. 137F.15 FIRE SAFETY. 15 28 A violation of a fire safety rule adopted pursuant to 15 29 section 100.35 and applicable to food establishments or food 15 30 processing plants which occurs on the premises of a food 15 31 establishment or food processing plant is a violation of this 15 32 chapter. 15 33 Sec. 21. NEW SECTION. 137F.16 CONFLICTS WITH STATE 15 34 BUILDING CODE. 15 35 Provisions of this chapter in conflict with the state 16 1 building code shall not apply where the state building code 16 2 has been adopted or when the state building code applies 16 3 throughout the state. 16 4 Sec. 22. NEW SECTION. 137F.17 PENALTY. 16 5 A person who violates this chapter or rules adopted 16 6 pursuant to this chapter shall be subject to a civil penalty 16 7 of one hundred dollars for each violation. 16 8 Sec. 23. NEW SECTION. 137F.18 INJUNCTION. 16 9 A person opening or operating a food establishment or food 16 10 processing plant in violation of this chapter may be enjoined 16 11 from further operation of the establishment or plant. If an 16 12 imminent health hazard exists, the establishment or plant must 16 13 cease operation. Operation shall not be resumed until 16 14 authorized by the regulatory authority. 16 15 Sec. 24. NEW SECTION. 137F.19 DUTY OF COUNTY OR CITY 16 16 ATTORNEY. 16 17 The county attorney in each county or city attorney in each 16 18 city shall assist in the enforcement of this chapter. 16 19 Sec. 25. Section 172A.6, unnumbered paragraph 1, Code 16 20 1997, is amended to read as follows: 16 21 The license and financial responsibility provisions of this 16 22 chapter shall not apply to any person who is licensedby the16 23secretaryas provided in chapter137A137F, 171, or 172 and 16 24 who purchases livestock for slaughter valued at less than an 16 25 average daily value of two thousand five hundred dollars 16 26 during the preceding twelve months or such part thereof as the 16 27 person was purchasing livestock. Said licensees are made 16 28 subject to this chapter as to the regulatory and penal 16 29 provisions hereof. All other provisions of this chapter shall 16 30 apply to said dealers or brokers. 16 31 Sec. 26. Section 189A.3, unnumbered paragraph 1, Code 16 32 1997, is amended to read as follows: 16 33 No person shall operate an establishment other than a 16 34grocery store orfoodserviceestablishment as defined in 16 35 section137B.2137F.1 without first obtaining a license from 17 1 the department. The license fee for each establishment per 17 2 year or any part of a year shall be: 17 3 Sec. 27. Section 331.382, subsection 5, Code 1997, is 17 4 amended to read as follows: 17 5 5. The board shall not regulate, license, inspect, or 17 6 collect license fees from foodserviceestablishments or food 17 7 and beverage vending machines except as provided in chapter 17 8137B137F or from hotels except as provided in chapter 137Cor17 9for food and beverage vending machines except as provided in17 10section 137E.3. 17 11 Sec. 28. Section 331.756, subsection 32, Code Supplement 17 12 1997, is amended to read as follows: 17 13 32. Assist the department of inspections and appeals in 17 14 the enforcement ofthe food establishment laws,the Iowa food 17 15service sanitationcode,and the Iowa hotel sanitation code as 17 16 provided in sections137A.26, 137B.21,137F.19 and 137C.30. 17 17 Sec. 29. Chapters 137A, 137B, and 137E, Code 1997, are 17 18 repealed. 17 19 Sec. 30. EFFECTIVE DATE AND TRANSITION PROVISIONS. 17 20 1. This Act takes effect January 1, 1999. 17 21 2. A license issued pursuant to chapter 137A, 137B, or 17 22 137E before the effective date of this Act shall remain valid 17 23 and be deemed the same as a license issued pursuant to chapter 17 24 137F for the remaining term of the license. 17 25 3. An establishment with licenses under both chapters 137A 17 26 and 137B on the effective date of this Act shall not be issued 17 27 a license under chapter 137F until both licenses have expired. 17 28 17 29 17 30 17 31 RON J. CORBETT 17 32 Speaker of the House 17 33 17 34 17 35 18 1 MARY E. KRAMER 18 2 President of the Senate 18 3 18 4 I hereby certify that this bill originated in the House and 18 5 is known as House File 2166, Seventy-seventh General Assembly. 18 6 18 7 18 8 18 9 ELIZABETH ISAACSON 18 10 Chief Clerk of the House 18 11 Approved , 1998 18 12 18 13 18 14 18 15 TERRY E. BRANSTAD 18 16 Governor
Text: HF02165 Text: HF02167 Text: HF02100 - HF02199 Text: HF Index Bills and Amendments: General Index Bill History: General Index
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