Senate File 2273 H-8100 Amend Senate File 2273, as passed by the Senate, as 1 follows: 2 1. By striking everything after the enacting clause 3 and inserting: 4 < Section 1. Section 10A.104, subsection 12, Code 5 2016, is amended to read as follows: 6 12. Administer inspections and licensing of hotels 7 and home food establishments bakeries . 8 Sec. 2. Section 137D.1, subsections 3 and 4, Code 9 2016, are amended to read as follows: 10 3. “Home food establishment” “Home bakery” means 11 a business on the premises of a residence in which 12 prepared food is created for sale or resale, for 13 consumption off the premises, if the business has 14 gross annual sales of prepared food of less than 15 twenty thirty-five thousand dollars. However, a home 16 food establishment “home bakery” does not include a 17 residence in which food is prepared to be used or 18 sold by churches, fraternal societies, charitable 19 organizations, or civic organizations. 20 4. “Prepared food” means soft pies, bakery 21 products with a custard or cream filling, or any 22 other potentially hazardous baked goods that are a 23 time/temperature control for safety food . “Prepared 24 food” does not mean nonhazardous include baked goods 25 that are not a time/temperature control for safety 26 food , including but not limited to breads, fruit pies, 27 cakes, or other nonhazardous pastries that are not a 28 time/temperature control for safety food . 29 Sec. 3. Section 137D.1, Code 2016, is amended by 30 adding the following new subsection: 31 NEW SUBSECTION . 5. “Time/temperature control 32 for safety food” means a food that requires time and 33 temperature controls for safety to limit pathogenic 34 microorganism growth or toxin formation. 35 -1- SF2273.3005 (2) 86 tr/sc 1/ 4 #1.
Sec. 4. Section 137D.2, Code 2016, is amended to 1 read as follows: 2 137D.2 Licenses and inspections. 3 1. A person shall not open or operate a home food 4 establishment bakery until a license has been obtained 5 from the department of inspections and appeals. The 6 department shall collect a fee of thirty-three dollars 7 and seventy-five cents fifty dollars for a license. 8 After collection, the fees shall be deposited in the 9 general fund of the state. A license shall expire one 10 year from date of issue. A license is renewable. 11 2. A person shall not sell or distribute from 12 a home food establishment bakery if the home food 13 establishment bakery is unlicensed, the license of the 14 home food establishment bakery is suspended, or the 15 food fails to meet standards adopted for such food by 16 the department. 17 3. An application for a license under this chapter 18 shall be made upon a form furnished by the department 19 and shall contain the items required by it according to 20 rules adopted by the department. 21 4. The department shall regulate, license, and 22 inspect home food establishments bakeries according to 23 standards adopted by rule. 24 5. The department shall provide for the periodic 25 inspection of a home food establishment bakery . The 26 inspector may enter the home food establishment bakery 27 at any reasonable hour to make the inspection. The 28 department shall inspect only those areas related to 29 preparing food for sale. 30 6. The department shall regulate and inspect food 31 prepared at a home food establishment bakery according 32 to standards adopted by rule. The inspection may 33 occur at any place where the prepared food is created, 34 transported, or stored for sale or resale. 35 -2- SF2273.3005 (2) 86 tr/sc 2/ 4
Sec. 5. Section 137D.3, Code 2016, is amended to 1 read as follows: 2 137D.3 Penalty. 3 A person who violates a provision of this chapter , 4 including a standard adopted by departmental rule, 5 relating to home food establishments bakeries or 6 prepared foods created in a home food establishment 7 bakery , is guilty of a simple misdemeanor. Each day 8 that the violation continues constitutes a separate 9 offense. 10 Sec. 6. Section 137D.4, Code 2016, is amended to 11 read as follows: 12 137D.4 Injunction. 13 A person operating a home food establishment 14 bakery or selling prepared foods created at a home 15 food establishment bakery in violation of a provision 16 of this chapter may be restrained by injunction 17 from further operating that home food establishment 18 bakery . If an imminent health hazard exists, the 19 home food establishment bakery must cease operation. 20 Operation shall not be resumed until authorized by the 21 department. 22 Sec. 7. Section 137D.6, Code 2016, is amended to 23 read as follows: 24 137D.6 Conflicts with state building code. 25 Provisions of this chapter , including standards 26 for home food establishments bakeries adopted by the 27 department, in conflict with the state building code, 28 as adopted pursuant to section 103A.7 , shall not apply 29 where the state building code has been adopted or when 30 the state building code applies throughout the state. 31 Sec. 8. Section 137D.8, subsections 1 and 3, Code 32 2016, are amended to read as follows: 33 1. The person’s home food establishment bakery does 34 not conform to a provision of this chapter or a rule 35 -3- SF2273.3005 (2) 86 tr/sc 3/ 4
adopted pursuant to this chapter . 1 3. The person conducts an activity constituting a 2 criminal offense in the home food establishment bakery 3 and is convicted of a serious misdemeanor or a more 4 serious offense as a result. 5 Sec. 9. Section 137F.1, subsection 7, paragraph d, 6 Code 2016, is amended to read as follows: 7 d. Premises which are a home food establishment 8 bakery pursuant to chapter 137D . > 9 2. Title page, by striking lines 1 through 3 and 10 inserting < An Act relating to licensure of home food 11 establishments. > 12 ______________________________ COMMITTEE ON STATE GOVERNMENT VANDER LINDEN of Mahaska, Chairperson -4- SF2273.3005 (2) 86 tr/sc 4/ 4 #2.