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
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(2)
86
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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
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86
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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
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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.