House File 2145 - Introduced
HOUSE FILE
BY UPMEYER
Passed House, Date Passed Senate, Date
Vote: Ayes Nays Vote: Ayes Nays
Approved
A BILL FOR
1 An Act providing for the imposition of food establishment
2 reinspection fees, and making penalties applicable.
3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
4 TLSB 5519YH 81
5 rn/cf/24
PAG LIN
1 1 Section 1. Section 137F.6, Code 2005, is amended to read
1 2 as follows:
1 3 137F.6 LICENSE AND REINSPECTION FEES.
1 4 The regulatory authority shall collect the following annual
1 5 license fees:
1 6 1. For a mobile food unit or pushcart, twenty dollars.
1 7 2. For a temporary food establishment per fixed location,
1 8 twenty=five dollars.
1 9 3. For a vending machine, twenty dollars for the first
1 10 machine and five dollars for each additional machine.
1 11 4. For a food establishment which prepares or serves food
1 12 for individual portion service intended for consumption on=
1 13 the=premises, the annual license fee shall correspond to the
1 14 annual gross food and beverage sales of the food
1 15 establishment, as follows:
1 16 a. Annual gross sales of under fifty thousand dollars,
1 17 fifty dollars.
1 18 b. Annual gross sales of at least fifty thousand dollars
1 19 but less than one hundred thousand dollars, eighty=five
1 20 dollars.
1 21 c. Annual gross sales of at least one hundred thousand
1 22 dollars but less than two hundred fifty thousand dollars, one
1 23 hundred seventy=five dollars.
1 24 d. Annual gross sales of two hundred fifty thousand
1 25 dollars but less than five hundred thousand dollars, two
1 26 hundred dollars.
1 27 e. Annual gross sales of five hundred thousand dollars or
1 28 more, two hundred twenty=five dollars.
1 29 5. For a food establishment which sells food or food
1 30 products to consumer customers intended for preparation or
1 31 consumption off=the=premises, the annual license fee shall
1 32 correspond to the annual gross food and beverage sales of the
1 33 food establishment, as follows:
1 34 a. Annual gross sales of under ten thousand dollars,
1 35 thirty dollars.
2 1 b. Annual gross sales of at least ten thousand dollars but
2 2 less than two hundred fifty thousand dollars, seventy=five
2 3 dollars.
2 4 c. Annual gross sales of at least two hundred fifty
2 5 thousand dollars but less than five hundred thousand dollars,
2 6 one hundred fifteen dollars.
2 7 d. Annual gross sales of at least five hundred thousand
2 8 dollars but less than seven hundred fifty thousand dollars,
2 9 one hundred fifty dollars.
2 10 e. Annual gross sales of seven hundred fifty thousand
2 11 dollars or more, two hundred twenty=five dollars.
2 12 6. For a food processing plant, the annual license fee
2 13 shall correspond to the annual gross food and beverage sales
2 14 of the food processing plant, as follows:
2 15 a. Annual gross sales of under fifty thousand dollars,
2 16 fifty dollars.
2 17 b. Annual gross sales of at least fifty thousand dollars
2 18 but less than two hundred fifty thousand dollars, one hundred
2 19 dollars.
2 20 c. Annual gross sales of at least two hundred fifty
2 21 thousand dollars but less than five hundred thousand dollars,
2 22 one hundred fifty dollars.
2 23 d. Annual gross sales of five hundred thousand dollars or
2 24 more, two hundred fifty dollars.
2 25 7. For a farmers market where potentially hazardous food
2 26 is sold or distributed, one seasonal license fee of one
2 27 hundred dollars for each vendor on a countywide basis.
2 28 A food establishment covered by subsections 4 and 5 shall
2 29 be assessed license fees not to exceed seventy=five percent of
2 30 the total fees applicable under both subsections.
2 31 In the event that a routine inspection or a complaint
2 32 investigation of a food establishment or food processing plant
2 33 licensed under subsection 4, 5, or 6 reveals the presence of
2 34 one or more critical violations and requires one or more
2 35 physical reinspections, a reinspection fee equal to the lesser
3 1 of the annual license fee or fifty dollars shall be assessed
3 2 for each reinspection. Failure to pay the reinspection fee
3 3 shall subject a food establishment or food processing plant to
3 4 suspension or revocation of the food establishment's or food
3 5 processing plant's license pursuant to section 137F.7 and the
3 6 penalty provisions of section 137F.17.
3 7 Fees collected by the department shall be deposited in the
3 8 general fund of the state. Fees collected by a municipal
3 9 corporation shall be retained by the municipal corporation for
3 10 regulation of food establishments and food processing plants
3 11 licensed under this chapter.
3 12 Each vending machine licensed under this chapter shall bear
3 13 a readily visible identification tag or decal provided by the
3 14 licensee, containing the licensee's business address and phone
3 15 number, and a company license number assigned by the
3 16 regulatory authority.
3 17 EXPLANATION
3 18 This bill permits the department of inspections and appeals
3 19 to impose a reinspection fee for food establishments or food
3 20 processing plants licensed pursuant to Code section 137F.6.
3 21 This includes a food establishment which prepares or serves
3 22 food for individual portion service intended for consumption
3 23 on-the-premises, a food establishment which sells food or food
3 24 products to consumer customers intended for preparation or
3 25 consumption off-the-premises, and a food processing plant.
3 26 The bill provides that the amount of the reinspection fee
3 27 shall be the lesser of $50 or the annual licensing fee for
3 28 each physical reinspection required after an initial
3 29 inspection reveals the presence of one or more critical
3 30 violations. The bill makes suspension, revocation, and
3 31 penalty provisions applicable for failure to pay the required
3 32 reinspection fee.
3 33 LSB 5519YH 81
3 34 rn:nh/cf/24