House File 2185 - 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 establishment of a request for proposals
2 process regarding hotel, home food establishment, and food
3 establishment inspections.
4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
5 TLSB 5520YH 81
6 rn/cf/24
PAG LIN
1 1 Section 1. Section 137C.11, Code 2005, is amended to read
1 2 as followS:
1 3 137C.11 BIENNIAL INSPECTIONS.
1 4 1. The regulatory authority shall inspect each hotel in
1 5 the state at least once biennially. The inspector may enter
1 6 the hotel at any reasonable hour to make the inspection. The
1 7 management shall afford free access to every part of the
1 8 premises and render all aid and assistance necessary to enable
1 9 the inspector to make a thorough and complete inspection.
1 10 2. The director shall develop a request for proposals
1 11 process for the performance of inspections required under this
1 12 chapter, to be applicable for inspections conducted on or
1 13 after July 1, 2007. The process shall be utilized for all
1 14 inspections other than inspections conducted by a municipal
1 15 corporation pursuant to an agreement as provided in section
1 16 137C.6. The provisions of section 137F.10 shall apply
1 17 regarding the development of the process, determination of
1 18 criteria, the authority and accountability of entities awarded
1 19 inspection contracts, and compensation.
1 20 Sec. 2. Section 137D.2, subsection 5, Code 2005, is
1 21 amended to read as follows:
1 22 5. a. The department shall provide for the periodic
1 23 inspection of a home food establishment. The inspector may
1 24 enter the home food establishment at any reasonable hour to
1 25 make the inspection. The department shall inspect only those
1 26 areas related to preparing food for sale.
1 27 b. The director shall develop a request for proposals
1 28 process for the performance of inspections required under this
1 29 chapter, to be applicable for inspections conducted on or
1 30 after July 1, 2007. The provisions of section 137F.10 shall
1 31 apply regarding the development of the process, determination
1 32 of criteria, the authority and accountability of entities
1 33 awarded inspection contracts, and compensation.
1 34 Sec. 3. Section 137F.10, Code 2005, is amended to read as
1 35 follows:
2 1 137F.10 REGULAR INSPECTIONS.
2 2 1. The appropriate regulatory authority shall provide for
2 3 the inspection of each food establishment and food processing
2 4 plant in this state in accordance with this chapter and with
2 5 rules adopted pursuant to this chapter in accordance with
2 6 chapter 17A. A regulatory authority may enter a food
2 7 establishment or food processing plant at any reasonable hour
2 8 to conduct an inspection. The manager or person in charge of
2 9 the food establishment or food processing plant shall afford
2 10 free access to every part of the premises and render all aid
2 11 and assistance necessary to enable the regulatory authority to
2 12 make a thorough and complete inspection.
2 13 2. a. The director shall develop a request for proposals
2 14 process for the performance of inspections required under this
2 15 chapter, to be applicable for inspections conducted on or
2 16 after July 1, 2007. The process shall be utilized for all
2 17 inspections other than inspections conducted by a municipal
2 18 corporation pursuant to an agreement as provided in section
2 19 137F.3, and inspections of food processing plants which
2 20 manufacture, package, or label food products. An entity
2 21 awarded an inspection contract pursuant to the process shall
2 22 not be considered a regulatory authority. The regulation,
2 23 licensing, and collection of license fees for food
2 24 establishments and food processing plants pursuant to this
2 25 chapter shall continue to be provided by the department or by
2 26 a municipal corporation.
2 27 b. The director shall develop criteria by rule to be
2 28 applied in the awarding of an inspection contract, shall
2 29 establish procedures for regular and ongoing monitoring of
2 30 entities awarded an inspection contract and spot=checking of
2 31 inspections, shall establish procedures relating to the
2 32 development of a regular inspection schedule to be followed by
2 33 the entity for the jurisdiction subject to the awarding of the
2 34 inspection contract, shall provide for the referral to an
2 35 entity of complaints requiring an inspection in the
3 1 jurisdiction pursuant to section 137F.11, and shall identify
3 2 information to be provided by the entity to the department
3 3 regarding the conduct and outcome of inspections. The
3 4 director shall also establish by rule a process for allocation
3 5 of a portion of license fees collected to the entity awarded
3 6 an inspection contract, or an alternative method of
3 7 compensation.
3 8 c. If the director determines that inspections are not
3 9 being conducted pursuant to the requirements of this chapter
3 10 or the terms of an inspection contract, the director may
3 11 rescind the contract after reasonable notice and an
3 12 opportunity for a hearing. If the contract is rescinded, the
3 13 director shall assume responsibility for inspections in the
3 14 jurisdiction involved pending issuance of a new request for
3 15 proposals.
3 16 EXPLANATION
3 17 This bill provides for the establishment of a request for
3 18 proposals process regarding hotel, home food establishment,
3 19 and food establishment inspections by the director of the
3 20 department of inspections and appeals.
3 21 The bill provides that the request for proposals process
3 22 will be applicable for inspections conducted on or after July
3 23 1, 2007, and that the process shall be utilized for all
3 24 inspections other than inspections conducted by a municipal
3 25 corporation pursuant to agreement as provided in Code sections
3 26 137C.6 and 137F.3, and for inspections of food processing
3 27 plants which manufacture, package, or label food products
3 28 pursuant to Code chapter 137F. The bill provides that an
3 29 entity awarded an inspection contract pursuant to the process
3 30 shall not be considered a regulatory authority, and that the
3 31 regulation, licensing, and collection of license fees shall
3 32 continue to be provided by the department or by a municipal
3 33 corporation.
3 34 The bill provides that the director shall develop criteria
3 35 by rule to be applied in the awarding of an inspection
4 1 contract, establish procedures for monitoring of entities
4 2 awarded an inspection contract and spot=checking of
4 3 inspections, establish procedures relating to a regular
4 4 inspection schedule and for the referral of complaints,
4 5 identify information to be provided by the entity to the
4 6 department regarding the conduct and outcome of inspections,
4 7 and establish a process for allocation of a portion of fees
4 8 collected to the inspection entity, or an alternative method
4 9 of compensation. The bill also provides for contract recision
4 10 under specified circumstances.
4 11 LSB 5520YH 81
4 12 rn:nh/cf/24