H-1033

   Amend House File 470 as follows:
   1.  Page 2, line 33, by striking <subparagraph (3), Code 2025, is> and inserting <subparagraphs (2), (3), and (4), Code 2025, are>
   2.  Page 2, after line 33 by inserting: 
   <(2)  Mixed drinks or cocktails mixed on the premises that are not for immediate consumption may be consumed on the licensed premises subject to the requirements of this subparagraph pursuant to rules adopted by the department. as follows: 
   (a)  The rules shall provide that the mixed drinks or cocktails shall be stored, for no longer than seventy-two hours, in the shortest period outlined in the minimum standards of the specific ingredients of the mixed drink or cocktail in the rules established by the department of inspections, appeals, and licensing to protect consumers from foodborne illness as described in section 137F.2. A licensee who mixes, stores, and allows the consumption of mixed drinks or cocktails that are not for immediate consumption shall comply with all applicable state and federal food safety laws and regulations. 
   (b)  A mixed drink or cocktail that is not for immediate consumption shall be mixed, stored, and dispensed on the licensed premises from a labeled container in a quantity that does not exceed three gallons. The rules shall also provide that A mixed drink or cocktail, or portion thereof, not consumed within the time frame outlined in subparagraph division (a) is considered expired and must be destroyed. An expired mixed drink or cocktail shall not be added to an empty container and relabeled or added to another mixed drink or cocktail. 
   (i)  A mixed drink or cocktail that is not for immediate consumption shall at all times be in a container compliant with applicable state and federal food safety laws and regulations. The mixed drink or cocktail shall be mixed and remain stored in the same container. The mixed drink or cocktail shall be removed from the stored container to compound and fulfill a mixed drink or cocktail order upon receipt of the order for the mixed drink or cocktail or for transfer into a pourable container. The pourable container shall have affixed a label compliant with subparagraph subdivision (ii) displaying label information identical to that on the container from which the contents were poured. The expiration date and time shall not be extended by the transfer of product to a pourable container. The mixed drink or cocktail may be strained into another container when the mixed drink or cocktail is returned without delay to the labeled container from which it was strained and the container and process are compliant with applicable state and federal food safety laws and regulations. An original container of alcoholic liquor or an original container of wine shall not be used to mix, store, or dispense a mixed drink or cocktail. The mixed drink or cocktail shall not be mixed, stored, or dispensed from a container bearing an alcoholic beverage name brand. A dispensing machine which contains a mixed drink or cocktail is subject to the requirements and restrictions of this subparagraph (2).
   (ii)  A label must be placed on a container when the contents of the mixed drink or cocktail are placed into the empty container. The label shall be affixed to the container in a conspicuous place. The label must legibly identify the month, day, year, and time the contents are placed into the empty container. The label must legibly identify the month, day, year, and time the contents expire. The label must legibly specify the title of the recipe used for the contents of the container. The label must legibly identify the person who prepared the contents of the container. The label must legibly identify the size of the batch within the container and be conspicuously marked with the words “CONTAINS ALCOHOL”. The label shall be removed from the container once the entire contents have been consumed, transferred to a pourable container, or destroyed and disposed of in accordance with applicable law. A label shall not be reused, and a removed label shall not be reapplied to a container. A new label shall be placed on the container for each prepared batch of mixed drinks or cocktails that is not for immediate consumption.
   (iii)  A mixed drink or cocktail that is not for immediate consumption shall not include added flavors and other nonbeverage ingredients included in the mixed drinks or cocktails shall not include containing hallucinogenic substances or added caffeine or other added stimulants including but not limited to guarana, ginseng, and taurine. The rules shall also require that the A licensee is limited to utilizing alcoholic beverages in the mixed drink or cocktail that are authorized by the retail alcohol license and obtained as prescribed by this chapter. 
   (iv)  The licensee shall keep records as to when the contents in each prepared batch of mixed drinks or cocktails are mixed in a particular container were mixed and the recipe used for that mixture.  The records must include the month, day, year, and time the contents are placed into the empty container, each alcoholic beverage, including the brand and the amount utilizing the metric system, and each nonalcoholic ingredient placed in the container. The recipe must contain the title and directions for preparing the contents, the identity of the person who prepared the contents of the container, and the size of the batch. The records must include the month, day, year, and time the contents of the container are destroyed and disposed of, the identity of the person who destroyed and disposed of the contents, and the method of destruction and disposal, or a statement that the contents were entirely consumed. Records shall be maintained on the licensed premises for a period of three years and shall be open to inspection pursuant to section 123.33.
   (c)  In addition, mixed drinks or cocktails mixed on the premises pursuant to this subparagraph (2) may be sold for consumption off the licensed premises as provided in and subject to the requirements of subparagraph (3).>
   3.  Page 3, after line 12 by inserting: 
   <(4)  For purposes of this paragraph:
   (a)  “Immediate consumption” means the compounding and fulfillment of a mixed drink or cocktail order upon receipt of the order for the mixed drink or cocktail.
   (a)  (b)  “Sealed container” means a vessel containing a mixed drink or cocktail that is designed to prevent consumption without removal of a tamper-evident lid, cap, or seal. “Sealed container” does not include a container with a sipping hole or other opening for a straw, a cup made of plastic that is intended for one-time use, or a cup made of paper or polystyrene foam.
   (b)  (c)  “Tamper-evident” means a lid, cap, or seal that visibly demonstrates when a container has been opened.>

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LUNDGREN of Dubuque