House File 2373 - Introduced
HOUSE FILE
BY UPMEYER
Passed House, Date Passed Senate, Date
Vote: Ayes Nays Vote: Ayes Nays
Approved
A BILL FOR
1 An Act relating to regulation of food safety, providing for a
2 transfer of administrative authority to the Iowa department of
3 public health to administer the regulation of the hotel
4 sanitation code, home food establishments, the Iowa food code,
5 and the regulation of egg handlers, and providing for adoption
6 of the 2005 edition of the United States food and drug
7 administration food code.
8 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
9 TLSB 5458YH 81
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PAG LIN
1 1 Section 1. Section 10A.104, subsection 9, Code 2005, is
1 2 amended to read as follows:
1 3 9. Administer and enforce this chapter, and chapters 99B,
1 4 135B, 135C, 135H, and 135J, 137C, 137D, and 137F.
1 5 Sec. 2. Section 123.3, subsection 15, Code Supplement
1 6 2005, is amended to read as follows:
1 7 15. "Hotel" or "motel" means premises licensed by the Iowa
1 8 department of inspections and appeals public health under
1 9 chapter 137C and regularly or seasonally kept open in a bona
1 10 fide manner for the lodging of transient guests, and with
1 11 twenty or more sleeping rooms.
1 12 Sec. 3. Section 135.11, subsection 17, Code Supplement
1 13 2005, is amended to read as follows:
1 14 17. Administer chapters 125, 136A, 136C, 137C, 137D, 137F,
1 15 139A, 142, 142A, 144, and 147A, and 196.
1 16 Sec. 4. Section 137C.2, subsections 2 and 3, Code 2005,
1 17 are amended to read as follows:
1 18 2. "Director" means the director of the department of
1 19 inspections and appeals public health or the director's
1 20 designee.
1 21 3. "Department" means the Iowa department of inspections
1 22 and appeals public health.
1 23 Sec. 5. Section 137D.1, subsection 2, Code 2005, is
1 24 amended to read as follows:
1 25 2. "Department" means the Iowa department of inspections
1 26 and appeals public health.
1 27 Sec. 6. Section 137D.2, subsection 1, Code 2005, is
1 28 amended to read as follows:
1 29 1. A person shall not open or operate a home food
1 30 establishment until a license has been obtained from the
1 31 department of inspections and appeals. The department shall
1 32 collect a fee of twenty=five dollars for a license. After
1 33 collection, the fees shall be deposited in the general fund of
1 34 the state. A license shall expire one year from date of
1 35 issue. A license is renewable.
2 1 Sec. 7. Section 137F.1, subsections 3, 4, and 7, Code
2 2 2005, are amended to read as follows:
2 3 3. "Department" means the Iowa department of inspections
2 4 and appeals public health.
2 5 4. "Director" means the director of the department of
2 6 inspections and appeals public health or the director's
2 7 designee.
2 8 7. "Food code" means the 1997 2005 edition of the United
2 9 States food and drug administration food code.
2 10 Sec. 8. Section 137F.2, Code 2005, is amended by striking
2 11 the section and inserting in lieu thereof the following:
2 12 137F.2 FOOD CODE == ADOPTION.
2 13 The director shall adopt the food code, and shall adopt any
2 14 amendments or exceptions to the food code by rule.
2 15 Sec. 9. Section 196.1, subsection 3, Code 2005, is amended
2 16 to read as follows:
2 17 3. "Department" means the Iowa department of inspections
2 18 and appeals, as established in section 10A.102 public health.
2 19 Sec. 10. Section 331.756, subsection 32, Code Supplement
2 20 2005, is amended to read as follows:
2 21 32. Assist the Iowa department of inspections and appeals
2 22 public health in the enforcement of the Iowa food code and the
2 23 Iowa hotel sanitation code as provided in sections 137F.19 and
2 24 section 137C.30.
2 25 Sec. 11. CODES, RULES, AGREEMENTS, AND APPROPRIATIONS
2 26 TRANSFER.
2 27 1. The following codes and standards adopted by the
2 28 director of the department of inspections and appeals shall
2 29 remain in effect until modified or rescinded by the director
2 30 of public health:
2 31 a. Hotel sanitation code adopted under chapter 137C, Code
2 32 2005.
2 33 b. Home food establishment standards adopted under chapter
2 34 137D, Code 2005.
2 35 c. Food code adopted under chapter 137F, Code 2005.
3 1 d. Egg handler standards adopted under chapter 196, Code
3 2 2005.
3 3 2. The administrative rules adopted by the department of
3 4 inspections and appeals under chapters 137C, 137D, 137F, and
3 5 196, Code 2005, shall remain in effect until modified or
3 6 rescinded by the Iowa department of public health.
3 7 3. Effective July 1, 2006, an agreement entered into under
3 8 chapter 137C or 137F, Code 2005, between the director of the
3 9 department of inspections and appeals and a municipal
3 10 corporation for the municipal corporation to license, inspect,
3 11 and enforce chapter 137C or 137F within the municipal
3 12 corporation's jurisdiction shall be deemed to be an agreement
3 13 with the director of public health and shall remain in effect
3 14 until expiration of the agreement or the agreement is modified
3 15 or rescinded by the parties to the agreement.
3 16 4. Effective July 1, 2006, the Iowa department of public
3 17 health shall assume the departmental duties outlined in the
3 18 codes, standards, and administrative rules adopted under
3 19 chapters 137C, 137D, 137F, and 196 in place of the department
3 20 of inspections and appeals.
3 21 5. Appropriations made from the general fund of the state
3 22 for the fiscal year beginning July 1, 2006, and ending June
3 23 30, 2007, to the department of inspections and appeals for
3 24 administration and enforcement of chapters 137C, 137D, 137F,
3 25 and 196 shall be transferred to the Iowa department of public
3 26 health.
3 27 Sec. 12. TRANSITION OF EMPLOYEES. Effective July 1, 2006,
3 28 all employees of the department of inspections and appeals
3 29 performing functions related to chapters 137C, 137D, 137F, and
3 30 196, as of June 30, 2006, shall become employees of the Iowa
3 31 department of public health without loss of classification,
3 32 pay, or benefits.
3 33 EXPLANATION
3 34 This bill provides for the Iowa department of public health
3 35 to administer the hotel sanitation code under Code chapter
4 1 137C, regulation of home food establishments under Code
4 2 chapter 137D, Iowa food code under Code chapter 137F, and
4 3 regulation of egg handlers under Code chapter 196 in place of
4 4 the department of inspections and appeals.
4 5 Code section 10A.104 is amended to strike these duties from
4 6 the responsibilities of the department of inspections and
4 7 appeals.
4 8 Code section 135.11 is amended to add these duties in the
4 9 list of responsibilities provided to the Iowa department of
4 10 public health.
4 11 Code chapter 137C, 137D, 137F, and 196 references to the
4 12 department of inspections and appeals are changed to the Iowa
4 13 department of public health.
4 14 The duties of the county attorney in Code section 331.756
4 15 are amended to change references to the two departments.
4 16 Code section 137F.1 is amended to provide that references
4 17 to the food code adopted in Code section 137F.2 refer to the
4 18 2005 edition of the United States food and drug administration
4 19 food code. The bill deletes provisions in Code section 137F.2
4 20 amending or providing exceptions to the food code, providing
4 21 instead that the director of public health shall adopt
4 22 amendments or exceptions to the food code by administrative
4 23 rule.
4 24 A transition section provides for the hotel sanitation,
4 25 home food establishment, and food codes adopted by the
4 26 director of inspections and appeals and the administrative
4 27 rules adopted by the department of inspections and appeals to
4 28 remain in effect until rescinded or modified by the director
4 29 of public health and the Iowa department of public health.
4 30 Agreements entered into for municipal corporations to license,
4 31 inspect, and enforce the hotel sanitation and food codes
4 32 within the municipal corporation's jurisdiction are deemed to
4 33 be with the Iowa department of public health in place of the
4 34 department of inspections and appeals. Appropriations made
4 35 for fiscal year 2006=2007 for purposes of the affected Code
5 1 chapters are transferred to the Iowa department of public
5 2 health. The employees of the department of inspections and
5 3 appeals performing functions relating to the affected Code
5 4 chapters become employees of the Iowa department of public
5 5 health effective July 1, 2006.
5 6 LSB 5458YH 81
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