Text: HF02235 Text: HF02237 Text: HF02200 - HF02299 Text: HF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Section 1. Section 137F.1, subsection 5, Code Supplement 1 2 2001, is amended to read as follows: 1 3 5. "Farmers market" means a marketplace established at a 1 4 recognized fixed location at which the marketplace seasonally 1 5 operatesprincipallyoutdoors as a common marketforwhere 1 6 vendors or concessionaires principally sell or distribute 1 7 whole uncut fresh fruits and vegetables on a retail basis for 1 8 off-the-premises consumption. 1 9 Sec. 2. Section 137F.1, Code Supplement 2001, is amended 1 10 by adding the following new subsection: 1 11 NEW SUBSECTION. 5A. "Farmers market stand" means the 1 12 premises which are part of a farmers market where a person 1 13 operates as a vendor or concessionaire. 1 14 Sec. 3. Section 137F.3, unnumbered paragraph 1, Code 2001, 1 15 is amended to read as follows: 1 16 The director shall regulate, license, and inspect food 1 17 establishments,andfood processing plants, and farmers market 1 18 stands, and enforce this chapter, pursuant to rules adopted by 1 19 the department in accordance with chapter 17A. Municipal 1 20 corporations shall not regulate, license, inspect, or collect 1 21 license fees from food establishments and food processing 1 22 plants, except as provided in this section. 1 23 Sec. 4. Section 137F.4, Code 2001, is amended to read as 1 24 follows: 1 25 137F.4 LICENSE REQUIRED. 1 26 1. a. A person shall not operate a food establishment or 1 27 food processing plant to provide goods or services to the 1 28 general public, or open a food establishment to the general 1 29 public, until the appropriate license has been obtained from 1 30 the regulatory authority.SaleThe sale of products at 1 31 wholesale to outlets not owned by a commissary owner requires 1 32 a food processing plant license. 1 33 b. A person shall not operate a farmers market stand where 1 34 potentially hazardous food is sold or distributed unless the 1 35 person obtains a farmers market stand license as provided in 2 1 section 137F.8. 2 2 2. a.AExcept as provided in paragraph "b", a license 2 3shall expireissued under this chapter expires one year from 2 4 the date of issue. 2 5 b. For each farmers market stand covered by a license, the 2 6 license covering that stand expires when the farmers market 2 7 where the stand is located closes for the season. 2 8 3. A license issued under this chapter is renewable. All 2 9 licenses other than farmers market stand licenses issued under 2 10 this chapter that are not renewed by the licensee on or before 2 11 the expiration date shall be subject to a penalty of ten 2 12 percent per month of the license fee if the license is renewed 2 13 at a later date. 2 14 Sec. 5. Section 137F.6, unnumbered paragraph 1, Code 2001, 2 15 is amended to read as follows: 2 16 The regulatory authority shall collectthe following annual2 17 license fees as provided in this section. Unless otherwise 2 18 specifically provided in this section, fees shall be collected 2 19 on an annual basis. The license fees shall be as follows: 2 20 Sec. 6. Section 137F.6, Code 2001, is amended by adding 2 21 the following new subsection: 2 22 NEW SUBSECTION. 7. For a farmers market stand license as 2 23 provided in section 137F.8, a seasonal license fee of one 2 24 hundred dollars for a single farmers market stand and twenty- 2 25 five dollars for each additional farmers market stand covered 2 26 by the same license. 2 27 Sec. 7. Section 137F.8, Code 2001, is amended to read as 2 28 follows: 2 29 137F.8 FARMERS MARKETS. 2 30 1. Avendorperson who offers a product for sale at the 2 31 premises of a farmers market, including a farmers market 2 32 stand, shall have the sole responsibility to obtain and 2 33 maintain any license required to sell or distribute the 2 34 product. 2 35 2. A person shall not sell or distribute potentially 3 1 hazardous food at a farmers market stand unless the stand is 3 2 covered by a farmers market stand license as issued by the 3 3 appropriate regulatory authority. A farmers market stand 3 4 license covers all farmers market stands operated by the 3 5 licensee, regardless of whether the stands are located at one 3 6 or more farmers markets. 3 7 Sec. 8. Section 137F.9, Code 2001, is amended to read as 3 8 follows: 3 9 137F.9 OPERATION WITHOUT INSPECTION PROHIBITED. 3 10 1. A person shall not open or operate a food establishment 3 11 or food processing plant until an inspection has been made and 3 12 a license has been issued by the regulatory authority. A 3 13 person shall not open or operate a farmers market stand 3 14 required to be licensed under section 137F.8, if the 3 15 department requires that the person be inspected.Inspections3 16 An inspection shall be conducted according to standards 3 17 adopted by rule of the department pursuant to chapter 17A. 3 18 2. A person who opens or operates a food establishment,or3 19 food processing plant, or farmers market stand without 3 20 obtaining a license is subject to a penalty of up to twice the 3 21 amount of theannuallicense fee as provided in section 3 22 137F.6. 3 23 Sec. 9. EFFECTIVE DATE. This Act, being deemed of 3 24 immediate importance, takes effect upon enactment. 3 25 EXPLANATION 3 26 This bill amends Code chapter 137F which provides for the 3 27 regulation, including the licensure, of food establishments 3 28 and food processing plants. Under the chapter, regulation is 3 29 carried out by a regulatory authority which is the department 3 30 of inspections and appeals or a political subdivision 3 31 (referred to as a "municipal corporation") that has entered 3 32 into an agreement with the department for authority to enforce 3 33 the chapter in its jurisdiction. 3 34 Pursuant to Code section 137F.1, a food establishment (a 3 35 place where food is stored, prepared, packaged, or served for 4 1 human consumption), does not include a farmers market. This 4 2 bill amends Code chapter 137F to specifically provide for the 4 3 regulation of farmers market stands which include the premises 4 4 that are part of a farmers market where a person operates as a 4 5 vendor or concessionaire. 4 6 The bill amends several Code sections in the chapter to 4 7 provide that a regulatory authority may regulate farmers 4 8 market stands in the same manner as it does food 4 9 establishments when the stand sells potentially hazardous food 4 10 (food that is capable of supporting the rapid and progressive 4 11 growth of toxins). 4 12 The bill establishes a farmers market stand license which 4 13 covers all farmers market stands operated by a person, 4 14 regardless of whether the stands are located at one or more 4 15 than one farmers market. For a farmers market stand license, 4 16 a seasonal license fee of $100 is assessed for a single 4 17 farmers market stand and $25 for each additional farmers 4 18 market stand covered by the same license. 4 19 According to Code section 137F.17, a person who violates 4 20 the Code chapter or rules adopted pursuant to the chapter is 4 21 subject to a civil penalty of $100. 4 22 The bill takes effect upon enactment. 4 23 LSB 5537HH 79 4 24 da/pj/5
Text: HF02235 Text: HF02237 Text: HF02200 - HF02299 Text: HF Index Bills and Amendments: General Index Bill History: General Index
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