Text: SSB03062 Text: SSB03064 Text: SSB03000 - SSB03099 Text: SSB Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Section 1. Section 137C.11, Code 1999, is amended to read 1 2 as follows: 1 3 137C.11BIENNIALINSPECTIONS. 1 4 The regulatory authority shall inspecteacha hotel in the 1 5 stateat least once bienniallyat the time of initial 1 6 licensure. The regulatory authority shall also inspect a 1 7 hotel in the state following receipt of a complaint. The 1 8 inspector may enter the hotel at any reasonable hour to make 1 9 the inspection. The management shall afford free access to 1 10 every part of the premises and render all aid and assistance 1 11 necessary to enable the inspector to make a thorough and 1 12 complete inspection. 1 13 Sec. 2. Section 137F.2, subsection 7, paragraph (2), 1 14 subparagraph (c), Code Supplement 1999, is amended to read as 1 15 follows: 1 16 (c) The use, pursuant to the manufacturer's instructions, 1 17 of anti-microbial soaps, with the additional optional use of 1 18 anti-bacterial protective skin lotions or anti-microbial hand 1 19 sanitizers, rinses, or dips.All such soaps, lotions,1 20sanitizers, rinses, and dips must contain active topical anti-1 21microbial or anti-bacterial ingredients, registered by the1 22United States environmental protection agency, cleared by the1 23United States food and drug administration, and approved by1 24the United States department of agriculture.1 25 Sec. 3. Section 137F.2, Code Supplement 1999, is amended 1 26 by adding the following new subsection: 1 27 NEW SUBSECTION. 15. 3-401.11(A) shall be amended by 1 28 adding the following: "Pork shall be cooked to one hundred 1 29 forty-five degrees Fahrenheit or sixty-three degrees Celsius 1 30 or above for fifteen seconds." 1 31 Sec. 4. Section 137F.5, unnumbered paragraph 1, Code 1999, 1 32 is amended to read as follows: 1 33 An application form prescribed by the department for a 1 34 license under this chapter shall be obtained from the 1 35 department or from a municipal corporation which is a 2 1 regulatory authority. A completed application shall be 2 2 submitted to the appropriate regulatory authority. A twenty- 2 3 five dollar application fee shall accompany the application 2 4 for initial licensure. The application fee shall be deducted 2 5 from the license fee upon purchase of the license. 2 6 Sec. 5. Section 137F.6, Code 1999, is amended to read as 2 7 follows: 2 8 137F.6 LICENSE FEES. 2 9 The regulatory authority shall collect the followingannual2 10 license fees: 2 11 1. To conduct one annual inspection: 2 121.a. For a mobile food unit or pushcart, twenty dollars. 2 132.b. For a temporary food establishment per fixed 2 14 location, twenty-five dollars. 2 153.c. For a vending machine, twenty dollars for the first 2 16 machine and five dollars for each additional machine. 2 174.2. For a food establishment which prepares or serves 2 18 food for individual portion service intended for consumption 2 19 on-the-premises, theannuallicense fee shall correspond to 2 20 the annual gross food and beverage sales of the food 2 21 establishment, as follows: 2 22 a. For one annual inspection: 2 23a.(1) Annual gross sales of under fifty thousand dollars, 2 24 fifty dollars. 2 25b.(2) Annual gross sales of at least fifty thousand 2 26 dollars but less than one hundred thousand dollars, eighty- 2 27 five dollars. 2 28c.(3) Annual gross sales of at least one hundred thousand 2 29 dollars but less than two hundred fifty thousand dollars, one 2 30 hundred seventy-five dollars. 2 31d.(4) Annual gross sales of two hundred fifty thousand 2 32 dollars but less than five hundred thousand dollars, two 2 33 hundred dollars. 2 34e.(5) Annual gross sales of five hundred thousand dollars 2 35or morebut less than seven hundred fifty thousand dollars, 3 1 two hundred twenty-five dollars. 3 2 (6) Annual gross sales of seven hundred fifty thousand 3 3 dollars or more, two hundred fifty dollars. 3 4 b. For two annual inspections: 3 5 (1) Annual gross sales of under fifty thousand dollars, 3 6 seventy-five dollars. 3 7 (2) Annual gross sales of at least fifty thousand dollars 3 8 but less than one hundred thousand dollars, one hundred 3 9 twenty-seven dollars and fifty cents. 3 10 (3) Annual gross sales of at least one hundred thousand 3 11 dollars but less than two hundred fifty thousand dollars, two 3 12 hundred sixty-two dollars and fifty cents. 3 13 (4) Annual gross sales of two hundred fifty thousand 3 14 dollars but less than five hundred thousand dollars, three 3 15 hundred dollars. 3 16 (5) Annual gross sales of five hundred thousand dollars 3 17 but less than seven hundred fifty thousand dollars, three 3 18 hundred thirty-seven dollars and fifty cents. 3 19 (6) Annual gross sales of seven hundred fifty thousand 3 20 dollars or more, three hundred seventy-five dollars. 3 21 c. For three or more annual inspections: 3 22 (1) Annual gross sales of under fifty thousand dollars, 3 23 one hundred dollars. 3 24 (2) Annual gross sales of at least fifty thousand dollars 3 25 but less than one hundred thousand dollars, one hundred 3 26 seventy dollars. 3 27 (3) Annual gross sales of at least one hundred thousand 3 28 dollars but less than two hundred fifty thousand dollars, 3 29 three hundred fifty dollars. 3 30 (4) Annual gross sales of two hundred fifty thousand 3 31 dollars but less than five hundred thousand dollars, four 3 32 hundred dollars. 3 33 (5) Annual gross sales of five hundred thousand dollars 3 34 but less than seven hundred fifty thousand dollars, four 3 35 hundred fifty dollars. 4 1 (6) Annual gross sales of seven hundred fifty thousand 4 2 dollars or more, five hundred dollars. 4 35.3. For a food establishment which sells food or food 4 4 products to consumer customers intended for preparation or 4 5 consumption off-the-premises, theannuallicense fee shall 4 6 correspond to the annual gross food and beverage sales of the 4 7 food establishment, as follows: 4 8 a. For one annual inspection: 4 9a.(1) Annual gross sales of under ten thousand dollars, 4 10 thirty dollars. 4 11b.(2) Annual gross sales of at least ten thousand dollars 4 12 but less than two hundred fifty thousand dollars, seventy-five 4 13 dollars. 4 14c.(3) Annual gross sales of at least two hundred fifty 4 15 thousand dollars but less than five hundred thousand dollars, 4 16 one hundred fifteen dollars. 4 17d.(4) Annual gross sales of at least five hundred 4 18 thousand dollars but less than seven hundred fifty thousand 4 19 dollars, one hundred fifty dollars. 4 20e.(5) Annual gross sales of seven hundred fifty thousand 4 21 dollarsor morebut less than one million dollars, two hundred 4 22 twenty-five dollars. 4 23 (6) Annual gross sales of one million dollars or more, 4 24 three hundred dollars. 4 25 b. For two annual inspections: 4 26 (1) Annual gross sales of under ten thousand dollars, 4 27 forty-five dollars. 4 28 (2) Annual gross sales of at least ten thousand dollars 4 29 but less than two hundred fifty thousand dollars, one hundred 4 30 twelve dollars and fifty cents. 4 31 (3) Annual gross sales of at least two hundred fifty 4 32 thousand dollars but less than five hundred thousand dollars, 4 33 one hundred seventy-two dollars and fifty cents. 4 34 (4) Annual gross sales of at least five hundred thousand 4 35 dollars but less than seven hundred fifty thousand dollars, 5 1 two hundred twenty-five dollars. 5 2 (5) Annual gross sales of at least seven hundred fifty 5 3 thousand dollars but less than one million dollars, three 5 4 hundred thirty-seven dollars and fifty cents. 5 5 (6) Annual gross sales of one million dollars or more, 5 6 four hundred fifty dollars. 5 7 c. For three or more annual inspections: 5 8 (1) Annual gross sales of under ten thousand dollars, 5 9 sixty dollars. 5 10 (2) Annual gross sales of at least ten thousand dollars 5 11 but less than two hundred fifty thousand dollars, one hundred 5 12 fifty dollars. 5 13 (3) Annual gross sales of at least two hundred fifty 5 14 thousand dollars but less than five hundred thousand dollars, 5 15 two hundred thirty dollars. 5 16 (4) Annual gross sales of at least five hundred thousand 5 17 dollars but less than seven hundred fifty thousand dollars, 5 18 three hundred dollars. 5 19 (5) Annual gross sales of at least seven hundred fifty 5 20 thousand dollars but less than one million dollars, four 5 21 hundred fifty dollars. 5 22 (6) Annual gross sales of one million dollars or more, six 5 23 hundred dollars. 5 246.4. For a food processing plant, theannuallicense fee 5 25 shall be paid annually and shall correspond to the annual 5 26 gross food and beverage sales of the food processing plant, as 5 27 follows: 5 28 a. Annual gross sales of under fifty thousand dollars, 5 29 fifty dollars. 5 30 b. Annual gross sales of at least fifty thousand dollars 5 31 but less than two hundred fifty thousand dollars, one hundred 5 32 dollars. 5 33 c. Annual gross sales of at least two hundred fifty 5 34 thousand dollars but less than five hundred thousand dollars, 5 35 one hundred fifty dollars. 6 1 d. Annual gross sales of five hundred thousand dollars or 6 2 more, two hundred fifty dollars. 6 3A food establishment covered by subsections 4 and 5 shall6 4be assessed license fees not to exceed seventy-five percent of6 5the total fees applicable under both subsections.6 6 Fees collected by the department shall be deposited in the 6 7 general fund of the state. Fees collected by a municipal 6 8 corporation shall be retained by the municipal corporation for 6 9 regulation of food establishments and food processing plants 6 10 licensed under this chapter. 6 11 Each vending machine licensed under this chapter shall bear 6 12 a readily visible identification tag or decal provided by the 6 13 licensee, containing the licensee's business address and phone 6 14 number, and a company license number assigned by the 6 15 regulatory authority. 6 16 A plan review fee of one hundred dollars shall be charged 6 17 for new establishments. A major intervention fee of one 6 18 hundred dollars shall be charged a license holder if critical 6 19 violations are not corrected at the time of the initial 6 20 reinspection. 6 21 All fees assessed under this chapter that are not paid by 6 22 the licensee within thirty days of the fee assessment are 6 23 subject to a penalty of ten percent of the fee for each month 6 24 that payment of the fee is outstanding. 6 25 Sec. 6. Section 137C.12, Code 1999, is repealed. 6 26 EXPLANATION 6 27 This bill amends provisions relating to hotel inspections, 6 28 and food establishment and food service establishment 6 29 inspections and licensing fees. 6 30 The amendment to Code section 137C.11 eliminates the 6 31 requirement for biennial inspections of hotels and provides 6 32 instead that a hotel is to be inspected at the time of initial 6 33 licensure and at any time following receipt of a complaint 6 34 with the inspection conducted by the regulatory authority 6 35 (department of inspections and appeals or local board of 7 1 health). 7 2 The amendments to Code section 137F.2 eliminate reference 7 3 to federal law requesting certain products that do not exist 7 4 and adds language related to the cooking of pork which is 7 5 consistent with federal regulation. 7 6 The amendment to Code section 135F.5 provides for payment 7 7 of an application fee of $25 by a food establishment licensee 7 8 applicant. If the applicant subsequently purchases a license, 7 9 the $25 application fee is deducted from the license fee. 7 10 The amendments to Code section 135F.6 change the license 7 11 fee schedule from having a basis of one annual inspection to 7 12 having a basis of one or more inspections for the various 7 13 types of food establishments. The amendments to Code section 7 14 135F.6 also eliminate the special fee for licensees with both 7 15 a restaurant and grocery. New language requires payment of a 7 16 $100 plan review fee for new food establishments and payment 7 17 of a $100 major intervention fee to be paid by a licensee if 7 18 critical violations are not corrected at the time of an 7 19 initial reinspection. Additionally, a late fee of 10 percent 7 20 of the fee assessed under the chapter for each month that 7 21 payment of the fee is outstanding is charged to licensees who 7 22 do not pay these fees within 30 days of the assessment. 7 23 LSB 5368DP 78 7 24 pf/as/5.1
Text: SSB03062 Text: SSB03064 Text: SSB03000 - SSB03099 Text: SSB Index Bills and Amendments: General Index Bill History: General Index
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