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PAG LIN 1 1 Section 1. Section 137D.1, Code 2001, is amended by adding 1 2 the following new subsections: 1 3 NEW SUBSECTION. 0A. "Certified food protection manager" 1 4 means the person in charge of a home food establishment who 1 5 has been certified by an approved food protection 1 6 certification program. The department shall approve eligible 1 7 food protection certification programs. The department shall 1 8 maintain a list of approved programs and post on the 1 9 department's website. 1 10 NEW SUBSECTION. 3A. "Person in charge" means the 1 11 individual present at a home food establishment who is 1 12 responsible for the operation of the establishment at the time 1 13 of inspection. 1 14 Sec. 2. Section 137D.2, subsection 1, Code 2001, is 1 15 amended to read as follows: 1 16 1. A person shall not open or operate a home food 1 17 establishment until a license has been obtained from the 1 18 department of inspections and appeals. The department shall 1 19 collect a fee oftwenty-fivefifty dollars for a license. If 1 20 the person in charge for an establishment under this chapter 1 21 is a certified food protection manager, the license fee shall 1 22 be thirty-five dollars. After collection, the fees shall be 1 23 deposited in the general fund of the state. A license shall 1 24 expire one year from date of issue. A license is renewable. 1 25 Sec. 3. Section 137F.1, Code 2001, is amended by adding 1 26 the following new subsections: 1 27 NEW SUBSECTION. 1A. "Certified food protection manager" 1 28 means the person in charge of a food establishment who has 1 29 been certified by an approved food protection certification 1 30 program. The department shall approve eligible food 1 31 protection certification programs. The department shall 1 32 maintain a list of approved programs and post the list on the 1 33 department's website. 1 34 NEW SUBSECTION. 9A. "Hazard analysis and critical control 1 35 point" means the written document that delineates step-by-step 2 1 procedures to evaluate and monitor the flow of food through a 2 2 food establishment from receiving to service. The system 2 3 enables operators to identify the foods and procedures that 2 4 are most likely to cause illness, establish procedures to 2 5 reduce risks of foodborne illness outbreaks, and monitor food 2 6 safety. 2 7 NEW SUBSECTION. 12A. "Person in charge" means the 2 8 individual present at a food establishment who is responsible 2 9 for the operation of the establishment at the time of 2 10 inspection. 2 11 Sec. 4. Section 137F.1, subsections 7 and 14, Code 2001, 2 12 are amended by striking the subsections. 2 13 Sec. 5. Section 137F.3, subsection 2, paragraph c, Code 2 14 2001, is amended to read as follows: 2 15 c. Mobile food unitsand pushcarts. 2 16 Sec. 6. Section 137F.4, Code 2001, is amended by striking 2 17 the section and inserting in lieu thereof the following: 2 18 137F.4 LICENSE REQUIRED – APPLICATION – FEE. 2 19 1. A person shall not operate a food establishment or food 2 20 processing plant to provide goods or services to the general 2 21 public, or open a food establishment to the general public, 2 22 until the appropriate license has been obtained from the 2 23 regulatory authority. Sale of products at wholesale to 2 24 outlets not owned by a commissary owner requires a food 2 25 processing plant license. A license shall expire one year 2 26 from the date of issue. A license is renewable. All licenses 2 27 issued under this chapter that are not renewed by the licensee 2 28 on or before the expiration date shall be subject to a penalty 2 29 of ten percent per month of the license fee if the license is 2 30 renewed at a later date. 2 31 2. An application form prescribed by the department for a 2 32 license under this chapter shall be obtained from the 2 33 department or from a municipal corporation which is a 2 34 regulatory authority. A completed application shall be 2 35 submitted to the appropriate regulatory authority. 3 1 The dominant form of business shall determine the type of 3 2 license for establishments which engage in operations covered 3 3 under both the definition of a food establishment and of a 3 4 food processing plant. 3 5 The regulatory authority where the unit is domiciled shall 3 6 issue a license for a mobile food unit. 3 7 An application for renewal of a license shall be made at 3 8 least thirty days before the expiration of the existing 3 9 license. 3 10 Sec. 7. Section 137F.6, Code 2001, is amended by striking 3 11 the section and inserting in lieu thereof the following: 3 12 137F.6 LICENSE FEES. 3 13 The regulatory authority shall collect the following annual 3 14 license fees: 3 15 1. For a mobile food unit, fifty dollars. If the person 3 16 in charge of a mobile food unit is a certified food protection 3 17 manager, the license fee shall be thirty-five dollars. 3 18 2. For a temporary food establishment, per fixed location, 3 19 fifty dollars. If the person in charge of a temporary food 3 20 establishment is a certified food protection manager, the 3 21 license fee shall be thirty-five dollars. 3 22 3. For a vending machine, forty dollars for the first 3 23 machine and ten dollars for each additional machine. 3 24 4. For a food establishment which prepares or serves food 3 25 for individual portion service intended for consumption on the 3 26 premises, the annual license fee shall correspond to the 3 27 annual gross food and beverage sales of the food establishment 3 28 and shall be determined based additionally on whether the 3 29 person in charge is a certified food protection manager or 3 30 whether the food establishment has a certified, validated, and 3 31 implemented hazard analysis and critical control point plan, 3 32 as follows: 3 33 FEE WITH 3 34 FEE WITH HAZARD 3 35 CERTIFIED ANALYSIS 4 1 FOOD AND CRITICAL 4 2 PROTECTION CONTROL 4 3 GROSS SALES FEE MANAGER POINT 4 4 50,000 or less $115 $ 90 $ 60 4 5 50,001-100,000 225 180 115 4 6 100,001-250,000 340 270 170 4 7 250,001-500,000 450 360 225 4 8 Over 500,000 675 540 340 4 9 5. For a food establishment which sells food or food 4 10 products to consumers intended for preparation or consumption 4 11 off the premises, the annual license fee shall correspond to 4 12 the annual gross food and beverage sales of the food 4 13 establishment and shall be determined based additionally on 4 14 whether the person in charge is a certified food protection 4 15 manager or whether the food establishment has a certified, 4 16 validated, and implemented hazard analysis and critical 4 17 control point plan, as follows: 4 18 FEE WITH 4 19 FEE WITH HAZARD 4 20 CERTIFIED ANALYSIS 4 21 FOOD AND CRITICAL 4 22 PROTECTION CONTROL 4 23 GROSS SALES FEE MANAGER POINT 4 24 250,000 or less $150 $120 $ 75 4 25 250,001-750,000 300 240 150 4 26 Over 750,000 500 400 250 4 27 6. For a food establishment qualifying under both 4 28 subsections 4 and 5 of this section, with an assessed finished 4 29 square footage of twenty-five thousand or less, the annual 4 30 license fee shall correspond to the total annual gross food 4 31 and beverage sales of both categories of food establishments 4 32 and shall be determined based additionally on whether the 4 33 person in charge is a certified food protection manager or 4 34 whether the food establishment has a certified, validated, and 4 35 implemented hazard analysis and critical control point plan, 5 1 as follows: 5 2 5 3 FEE WITH 5 4 FEE WITH HAZARD 5 5 CERTIFIED ANALYSIS 5 6 FOOD AND CRITICAL 5 7 PROTECTION CONTROL 5 8 GROSS SALES FEE MANAGER POINT 5 9 250,000 or less $250 $200 $125 5 10 250,001-750,000 375 300 190 5 11 750,001-2,000,000 500 400 250 5 12 Over 2,000,000 625 500 315 5 13 7. For a food establishment qualifying under both 5 14 subsections 4 and 5 of this section with an assessed finished 5 15 square footage of more than twenty-five thousand and with a 5 16 single food service operation under subsection 4, the annual 5 17 license fee shall correspond to the total annual gross food 5 18 and beverage sales of both categories of food establishments 5 19 and shall be determined based additionally on whether the 5 20 person in charge is a certified food protection manager or 5 21 whether the food establishment has a certified, validated, and 5 22 implemented hazard analysis and critical control point plan, 5 23 as follows: 5 24 FEE WITH 5 25 FEE WITH HAZARD 5 26 CERTIFIED ANALYSIS 5 27 FOOD AND CRITICAL 5 28 PROTECTION CONTROL 5 29 GROSS SALES FEE MANAGER POINT 5 30 750,000 or less $625 $500 $315 5 31 750,001-2,000,000 780 625 390 5 32 Over 2,000,000 1,000 800 500 5 33 8. For a food establishment qualifying under both 5 34 subsections 4 and 5 of this section with an assessed finished 5 35 square footage of more than twenty-five thousand and with two 6 1 or more separate and distinct food service operations pursuant 6 2 to subsection 4, the annual license fee shall correspond to 6 3 the total annual gross food and beverage sales of both 6 4 categories of food establishments and shall be determined 6 5 based additionally on whether the person in charge is a 6 6 certified food protection manager or whether the food 6 7 establishment has a certified, validated, and implemented 6 8 hazard analysis and critical control point plan, as follows: 6 9 FEE WITH 6 10 FEE WITH HAZARD 6 11 CERTIFIED ANALYSIS 6 12 FOOD AND CRITICAL 6 13 PROTECTION CONTROL 6 14 GROSS SALES FEE MANAGER POINT 6 15 750,000 or less $740 $590 $370 6 16 750,001-2,000,000 1,005 805 500 6 17 Over 2,000,000 1,340 1,070 670 6 18 9. For a food processing plant, the annual license fee 6 19 shall correspond to the annual gross food and beverage sales 6 20 of the food processing plant, as follows: 6 21 a. Annual gross sales of under fifty thousand dollars, 6 22 sixty dollars. 6 23 b. Annual gross sales of at least fifty thousand dollars 6 24 but less than two hundred fifty thousand dollars, one hundred 6 25 twenty-five dollars. 6 26 c. Annual gross sales of at least two hundred fifty 6 27 thousand dollars but less than five hundred thousand dollars, 6 28 one hundred seventy-five dollars. 6 29 d. Annual gross sales of five hundred thousand dollars or 6 30 more, three hundred dollars. 6 31 10. New establishments shall pay a plan review fee of one 6 32 hundred dollars. 6 33 Fees collected by the department shall be deposited in the 6 34 general fund of the state. Fees collected by a municipal 6 35 corporation shall be retained by the municipal corporation for 7 1 regulation of food establishments and food processing plants 7 2 licensed under chapter 137F. 7 3 Each vending machine licensed under this chapter shall bear 7 4 a readily visible identification tag or decal provided by the 7 5 licensee, containing the licensee's business address and phone 7 6 number, and a company license number assigned by the 7 7 regulatory authority. 7 8 Sec. 8. EMERGENCY RULES. The department of inspections 7 9 and appeals may adopt emergency rules under section 17A.4, 7 10 subsection 2, and section 17A.5, subsection 2, paragraph "b", 7 11 to implement the provisions of this Act and the rules shall be 7 12 effective immediately upon filing unless a later date is 7 13 specified in the rules. Any rules adopted in accordance with 7 14 this section shall also be published as a notice of intended 7 15 action as provided in section 17A.4. 7 16 Sec. 9. Sections 137F.2 and 137F.5, Code 2001, are 7 17 repealed. 7 18 Sec. 10. Section 137F.6, as amended by this Act, is 7 19 repealed effective July 1, 2005. By January 10, 2005, the 7 20 department of inspections and appeals shall submit a 7 21 recommendation to the general assembly for a license fee 7 22 structure for chapter 137F to be effective July 1, 2005. 7 23 Sec. 11. EFFECTIVE DATE. This Act, being deemed of 7 24 immediate importance, takes effect upon enactment. 7 25 EXPLANATION 7 26 This bill relates to the licensing and regulation of food 7 27 establishments and food processing plants. The bill deletes 7 28 Code section 137F.2, which provides for the adoption of the 7 29 1997 edition of the United States food and drug administration 7 30 food code. The bill provides for the consolidation of 7 31 provisions which had previously addressed licensure 7 32 requirements and application forms in separate Code sections. 7 33 The bill additionally revises the current license fee schedule 7 34 contained in Code section 137F.6. The bill provides 7 35 definitions for a "certified food protection manager", a 8 1 "hazard analysis and critical control point", and a "person in 8 2 charge". The bill provides the department of inspections and 8 3 appeals with emergency rulemaking authority to implement the 8 4 bill's provisions. The bill provides an effective date for 8 5 repealing Code section 137F.6 and requires the department of 8 6 inspections and appeals to submit a recommendation to the 8 7 general assembly for a license fee structure. 8 8 The bill takes effect upon enactment. 8 9 LSB 1176XS 79 8 10 rn/cf/24
Text: SF00388 Text: SF00390 Text: SF00300 - SF00399 Text: SF Index Bills and Amendments: General Index Bill History: General Index
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