House File 2431 H-8149 Amend House File 2431 as follows: 1 1. Page 1, before line 1 by inserting: 2 < Section 1. Section 10A.104, subsection 11, Code 2022, is 3 amended to read as follows: 4 11. Administer inspections and licensing of hotels and home 5 bakeries food processing establishments . 6 Sec. ___. Section 137D.1, Code 2022, is amended to read as 7 follows: 8 137D.1 Definitions. 9 As used in this chapter , unless the context otherwise 10 requires: 11 1. “Food” means any raw, cooked, or processed edible 12 substance, ice, beverage, or ingredient used or intended for 13 use or sale in whole or in part for human consumption. 14 2. “Department” means the department of inspections and 15 appeals. 16 1. “Department” means the department of inspections and 17 appeals. 18 2. “Food” means any raw, cooked, or processed edible 19 substance, ice, beverage, or ingredient used or intended for 20 use or sale in whole or in part for human consumption. 21 3. “Home bakery food processing establishment ” means a 22 business on the premises of a residence in which prepared 23 homemade food is created items are produced for sale or 24 resale, for consumption off the premises, if the business has 25 gross annual sales of prepared food of less than thirty-five 26 fifty thousand dollars. However, “home bakery food processing 27 establishment ” does not include a residence in which food is 28 prepared to be used or sold by churches, fraternal societies, 29 charitable organizations, or civic organizations. 30 4. “Prepared food” means soft pies, bakery products 31 with a custard or cream filling, or baked goods that are a 32 time/temperature control for safety food. “Prepared food” does 33 not include baked goods that are not a time/temperature control 34 for safety food, including but not limited to breads, fruit 35 -1- HF 2431.3580 (3) 89 js/ns 1/ 8 #1.

pies, cakes, or other pastries that are not a time/temperature 1 control for safety food. “Homemade food item” means a food 2 that is produced and, if packaged, packaged at a home food 3 processing establishment. “Homemade food item” includes food 4 that is not time/temperature control for safety food, but 5 does not include such food if produced and sold under section 6 137F.20. “Homemade food item” does not include unpasteurized 7 fruit or vegetable juice, raw sprout seeds, foods containing 8 game animals, fish or shellfish, alcoholic beverages, 9 bottled water, packaged ice, consumable hemp products, food 10 that will be further processed by a food processing plant, 11 time/temperature control for safety food packaged using 12 a reduced oxygen packaging method, milk or milk products 13 regulated under chapter 192, and meat, meat food products, 14 poultry, or poultry products regulated under chapter 189A, 15 except for any of the following products when sold directly to 16 the end consumer: 17 a. Poultry, poultry byproduct, or poultry food product 18 if the producer raised the poultry pursuant to the exemption 19 set forth in 9 C.F.R. §381.10(c)(1) limiting the producer to 20 slaughtering not more than one thousand poultry during the 21 calendar year. 22 b. Poultry, poultry byproduct, or poultry food product if 23 the poultry is from an inspected source exempted pursuant to 9 24 C.F.R. §381.10(d). 25 c. Meat, meat byproduct, or meat food product if the meat 26 is from an inspected source exempted pursuant to 9 C.F.R. 27 §303.1(d). 28 5. “Produce” , with respect to preparing homemade food 29 items, means to prepare a food item by cooking, baking, 30 drying, mixing, cutting, fermenting, preserving, freezing, 31 dehydrating, growing, raising, or other process. “Produce” 32 does not include the preparation methods of low-acid canning, 33 low-acid fermentation, acidification, curing, and smoking for 34 preservation rather than flavor enhancement. 35 -2- HF 2431.3580 (3) 89 js/ns 2/ 8

5. 6. “Time/temperature control for safety food” means a 1 food that requires time and temperature controls for safety to 2 limit pathogenic microorganism growth or toxin formation. 3 Sec. ___. Section 137D.2, Code 2022, is amended to read as 4 follows: 5 137D.2 Licenses and inspections. 6 1. A person shall not open or operate a home bakery food 7 processing establishment until a license has been obtained from 8 the department of inspections and appeals . The department 9 shall collect a fee of fifty dollars for a license. After 10 collection, the fees shall be deposited in the general fund of 11 a special fund in the state treasury . Moneys in the fund are 12 appropriated to the department for the administration of this 13 chapter. A license shall expire one year from date of issue. 14 A license is renewable. 15 2. A person shall not sell or distribute from a home 16 bakery food processing establishment if the home bakery food 17 processing establishment is unlicensed, the license of the 18 home bakery food processing establishment is suspended, or 19 the food fails to meet standards adopted for such food by the 20 department. 21 3. An application for a license under this chapter shall be 22 made upon a form furnished by the department and shall contain 23 the items required by it the department according to rules 24 adopted by the department. 25 4. The department shall regulate, license, and inspect 26 home bakeries according to standards adopted by rule food 27 processing establishments in a manner that is consistent with 28 this chapter . 29 5. The department shall provide for the periodic inspection 30 of a home bakery food processing establishment . The inspector 31 may enter the home bakery food processing establishment at any 32 reasonable hour to make the inspection. The department shall 33 inspect only those areas related to preparing food for sale. 34 6. The department shall regulate and may inspect food 35 -3- HF 2431.3580 (3) 89 js/ns 3/ 8

prepared at a home bakery according to standards adopted 1 by rule food processing establishment in a manner that is 2 consistent with this chapter . The inspection may occur at any 3 place where the prepared food a homemade food item is created, 4 transported, or stored for sale or resale. 5 7. A home food processing establishment shall affix or label 6 a homemade food item with all of the following information: 7 a. Information to identify the name of the home food 8 processing establishment. 9 b. The common name of the food. 10 c. The ingredients of the homemade food item in descending 11 order of predominance. 12 d. The net quantity of contents. 13 e. For refrigerated time/temperature control for safety 14 foods, an expiration date based on food safety. 15 f. The following statement: “This product was produced at 16 a home food processing establishment.” If the homemade food 17 item contains one or more major food allergens, an additional 18 allergen statement must be included on the label identifying 19 each major allergen contained in the food by the common name of 20 the allergen. 21 8. The department may adopt rules under chapter 17A to 22 administer this chapter. 23 Sec. ___. Section 137D.3, Code 2022, is amended to read as 24 follows: 25 137D.3 Penalty. 26 A person who violates a provision of this chapter , including 27 a standard adopted by departmental rule, relating to home 28 bakeries food processing establishments or prepared foods 29 created homemade food items produced in a home bakery, is 30 guilty of a simple misdemeanor food processing establishment 31 shall be subject to a civil penalty in the amount of one 32 hundred dollars per violation, to be collected by the 33 department . Moneys collected from civil penalties shall be 34 deposited in the special fund referred to in section 137D.2. 35 -4- HF 2431.3580 (3) 89 js/ns 4/ 8

Each day that the violation continues constitutes a separate 1 offense violation . 2 Sec. ___. Section 137D.4, Code 2022, is amended to read as 3 follows: 4 137D.4 Injunction. 5 A person operating a home bakery food processing 6 establishment or selling prepared foods homemade food items 7 created at a home bakery food processing establishment in 8 violation of a provision of this chapter may be restrained 9 by injunction from further operating that home bakery food 10 processing establishment . If an imminent health hazard exists, 11 the home bakery food processing establishment must cease 12 operation and notify the department . Operation shall not be 13 resumed until authorized by the department. 14 Sec. ___. Section 137D.6, Code 2022, is amended to read as 15 follows: 16 137D.6 Conflicts with state building code. 17 Provisions of this chapter , including standards for home 18 bakeries food processing establishments adopted by the 19 department, in conflict with the state building code, as 20 adopted pursuant to section 103A.7 , shall not apply where the 21 state building code has been adopted or when the state building 22 code applies throughout the state. 23 Sec. ___. Section 137D.8, Code 2022, is amended to read as 24 follows: 25 137D.8 Suspension or revocation of licenses. 26 The department may suspend or revoke a license issued to a 27 person under this chapter if any of the following occurs: 28 1. The person’s home bakery food processing establishment 29 does not conform to a provision of this chapter or a rule 30 adopted pursuant to this chapter . 31 2. The person violates a provision of this chapter or a rule 32 adopted pursuant to this chapter . 33 3. The person conducts an activity constituting a criminal 34 offense in the home bakery food processing establishment and is 35 -5- HF 2431.3580 (3) 89 js/ns 5/ 8

convicted of a serious misdemeanor or a more serious offense 1 as a result. 2 Sec. ___. Section 137F.1, Code 2022, is amended by adding 3 the following new subsection: 4 NEW SUBSECTION . 2A. “Cottage food” means the production 5 and sale of food produced at a private residence other than 6 time/temperature control for safety food as provided in section 7 137F.20 and food for resale that is not time/temperature 8 control for safety food. “Cottage food” includes home-processed 9 and home-canned pickles, vegetables, or fruits that have a 10 finished equilibrium pH value of four and six-tenths or lower 11 or a water activity value of eighty-five hundredths or less for 12 which each batch has been measured by a pH meter or a water 13 activity meter and each container that is sold or offered for 14 sale contains the date the food was processed and canned. 15 “Cottage food” does not include any of the following: 16 a. Milk or milk products regulated under chapter 192. 17 b. Meat, meat food products, poultry, or poultry food 18 products regulated under chapter 189A. 19 Sec. ___. Section 137F.1, subsection 8, paragraphs d, e, and 20 f, Code 2022, are amended to read as follows: 21 d. Premises which that are a home bakery pursuant to food 22 processing establishment as defined in chapter 137D . 23 e. Premises where a person operates a farmers market, if 24 unpackaged time/temperature control for safety foods are not 25 sold or distributed from the premises. 26 f. Premises of a residence in which food that is not 27 a time/temperature control for safety food is sold for 28 consumption off the premises to a consumer customer, if the 29 food is labeled to identify the name and address of the person 30 preparing the food and the common name of the food is produced 31 pursuant to section 137F.20 . 32 Sec. ___. NEW SECTION . 137F.20 Cottage food —— 33 requirements. 34 1. Cottage food is exempt from all licensing, permitting, 35 -6- HF 2431.3580 (3) 89 js/ns 6/ 8

inspection, packaging, and labeling laws of the state if the 1 food is sold and delivered by the producer directly to the 2 consumer, or delivered by mail or an agent of the producer such 3 as an employee. A producer may sell food to the consumer in 4 person, remotely, by telephone, by internet, or by an agent of 5 the producer. 6 2. Cottage food sold pursuant to this section shall be 7 affixed or labeled with all of the following information: 8 a. Information to identify the name and address, phone 9 number, or electronic mail address of the person preparing the 10 food. 11 b. The common name of the food. 12 c. The ingredients of the cottage food in descending order 13 of predominance. 14 d. The following statement: “This product was produced 15 at a residential property that is exempt from state licensing 16 and inspection.” If the cottage food contains one or more 17 major food allergens, an additional allergen statement must be 18 included on the label identifying each major allergen contained 19 in the food by the common name of the allergen. 20 e. If the food is home-processed and home-canned pickles, 21 vegetables, or fruits permitted under this section, the date 22 that the food was processed and canned. 23 3. Compliance with the cottage food exemption provided in 24 this section does not represent compliance with federal law. 25 Sec. ___. Section 210.23, Code 2022, is amended to read as 26 follows: 27 210.23 Exception. 28 Any person engaged in operating a home baking food 29 processing establishment is exempt from the provisions of 30 sections 210.19 through 210.22 . > 31 2. Title page, lines 1 and 2, by striking < businesses by 32 counties and cities. > and inserting < businesses, including food 33 establishments and home food processing establishments, and 34 providing civil penalties. > 35 -7- HF 2431.3580 (3) 89 js/ns 7/ 8