House File 470 H-1033 Amend House File 470 as follows: 1 1. Page 2, line 33, by striking < subparagraph (3), Code 2 2025, is > and inserting < subparagraphs (2), (3), and (4), Code 3 2025, are > 4 2. Page 2, after line 33 by inserting: 5 < (2) Mixed drinks or cocktails mixed on the premises 6 that are not for immediate consumption may be consumed on 7 the licensed premises subject to the requirements of this 8 subparagraph pursuant to rules adopted by the department. as 9 follows: 10 (a) The rules shall provide that the mixed drinks or 11 cocktails shall be stored, for no longer than seventy-two 12 hours, in the shortest period outlined in the minimum standards 13 of the specific ingredients of the mixed drink or cocktail 14 in the rules established by the department of inspections, 15 appeals, and licensing to protect consumers from foodborne 16 illness as described in section 137F.2. A licensee who mixes, 17 stores, and allows the consumption of mixed drinks or cocktails 18 that are not for immediate consumption shall comply with all 19 applicable state and federal food safety laws and regulations. 20 (b) A mixed drink or cocktail that is not for immediate 21 consumption shall be mixed, stored, and dispensed on the 22 licensed premises from a labeled container in a quantity 23 that does not exceed three gallons. The rules shall also 24 provide that A mixed drink or cocktail, or portion thereof, 25 not consumed within the time frame outlined in subparagraph 26 division (a) is considered expired and must be destroyed. An 27 expired mixed drink or cocktail shall not be added to an empty 28 container and relabeled or added to another mixed drink or 29 cocktail. 30 (i) A mixed drink or cocktail that is not for immediate 31 consumption shall at all times be in a container compliant with 32 applicable state and federal food safety laws and regulations. 33 The mixed drink or cocktail shall be mixed and remain stored 34 in the same container. The mixed drink or cocktail shall be 35 -1- HF 470.370 (3) 91 ll/ns 1/ 4 #1. #2.

removed from the stored container to compound and fulfill a 1 mixed drink or cocktail order upon receipt of the order for 2 the mixed drink or cocktail or for transfer into a pourable 3 container. The pourable container shall have affixed a label 4 compliant with subparagraph subdivision (ii) displaying label 5 information identical to that on the container from which the 6 contents were poured. The expiration date and time shall not 7 be extended by the transfer of product to a pourable container. 8 The mixed drink or cocktail may be strained into another 9 container when the mixed drink or cocktail is returned without 10 delay to the labeled container from which it was strained and 11 the container and process are compliant with applicable state 12 and federal food safety laws and regulations. An original 13 container of alcoholic liquor or an original container of wine 14 shall not be used to mix, store, or dispense a mixed drink or 15 cocktail. The mixed drink or cocktail shall not be mixed, 16 stored, or dispensed from a container bearing an alcoholic 17 beverage name brand. A dispensing machine which contains a 18 mixed drink or cocktail is subject to the requirements and 19 restrictions of this subparagraph (2). 20 (ii) A label must be placed on a container when the contents 21 of the mixed drink or cocktail are placed into the empty 22 container. The label shall be affixed to the container in a 23 conspicuous place. The label must legibly identify the month, 24 day, year, and time the contents are placed into the empty 25 container. The label must legibly identify the month, day, 26 year, and time the contents expire. The label must legibly 27 specify the title of the recipe used for the contents of the 28 container. The label must legibly identify the person who 29 prepared the contents of the container. The label must legibly 30 identify the size of the batch within the container and be 31 conspicuously marked with the words “CONTAINS ALCOHOL”. The 32 label shall be removed from the container once the entire 33 contents have been consumed, transferred to a pourable 34 container, or destroyed and disposed of in accordance with 35 -2- HF 470.370 (3) 91 ll/ns 2/ 4

applicable law. A label shall not be reused, and a removed 1 label shall not be reapplied to a container. A new label shall 2 be placed on the container for each prepared batch of mixed 3 drinks or cocktails that is not for immediate consumption. 4 (iii) A mixed drink or cocktail that is not for immediate 5 consumption shall not include added flavors and other 6 nonbeverage ingredients included in the mixed drinks or 7 cocktails shall not include containing hallucinogenic 8 substances or added caffeine or other added stimulants 9 including but not limited to guarana, ginseng, and taurine. 10 The rules shall also require that the A licensee is limited to 11 utilizing alcoholic beverages in the mixed drink or cocktail 12 that are authorized by the retail alcohol license and obtained 13 as prescribed by this chapter. 14 (iv) The licensee shall keep records as to when the contents 15 in each prepared batch of mixed drinks or cocktails are mixed 16 in a particular container were mixed and the recipe used for 17 that mixture. The records must include the month, day, year, 18 and time the contents are placed into the empty container, 19 each alcoholic beverage, including the brand and the amount 20 utilizing the metric system, and each nonalcoholic ingredient 21 placed in the container. The recipe must contain the title 22 and directions for preparing the contents, the identity of the 23 person who prepared the contents of the container, and the 24 size of the batch. The records must include the month, day, 25 year, and time the contents of the container are destroyed 26 and disposed of, the identity of the person who destroyed 27 and disposed of the contents, and the method of destruction 28 and disposal, or a statement that the contents were entirely 29 consumed. Records shall be maintained on the licensed premises 30 for a period of three years and shall be open to inspection 31 pursuant to section 123.33. 32 (c) In addition, mixed drinks or cocktails mixed on the 33 premises pursuant to this subparagraph (2) may be sold for 34 consumption off the licensed premises as provided in and 35 -3- HF 470.370 (3) 91 ll/ns 3/ 4

subject to the requirements of subparagraph (3). > 1 3. Page 3, after line 12 by inserting: 2 < (4) For purposes of this paragraph: 3 (a) “Immediate consumption” means the compounding and 4 fulfillment of a mixed drink or cocktail order upon receipt of 5 the order for the mixed drink or cocktail. 6 (a) (b) “Sealed container” means a vessel containing a 7 mixed drink or cocktail that is designed to prevent consumption 8 without removal of a tamper-evident lid, cap, or seal. “Sealed 9 container” does not include a container with a sipping hole 10 or other opening for a straw, a cup made of plastic that 11 is intended for one-time use, or a cup made of paper or 12 polystyrene foam. 13 (b) (c) “Tamper-evident” means a lid, cap, or seal that 14 visibly demonstrates when a container has been opened. > 15 ______________________________ LUNDGREN of Dubuque -4- HF 470.370 (3) 91 ll/ns 4/ 4 #3.