House File 348 - Introduced
HOUSE FILE
BY MASCHER
Passed House, Date Passed Senate, Date
Vote: Ayes Nays Vote: Ayes Nays
Approved
A BILL FOR
1 An Act providing for the Iowa department of public health to
2 administer the Iowa food code in place of the department of
3 inspections and appeals.
4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
5 TLSB 2431HH 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, 135J, 137C, and 137D, and 137F.
1 5 Sec. 2. Section 135.11, subsection 17, Code 2005, is
1 6 amended to read as follows:
1 7 17. Administer chapters 125, 136A, 136C, 137F, 139A, 142,
1 8 142A, 144, and 147A.
1 9 Sec. 3. Section 137F.1, subsections 3 and 4, Code 2005,
1 10 are amended to read as follows:
1 11 3. "Department" means the Iowa department of inspections
1 12 and appeals public health.
1 13 4. "Director" means the director of the department of
1 14 inspections and appeals public health or the director's
1 15 designee.
1 16 Sec. 4. Section 137F.6, Code 2005, is amended to read as
1 17 follows:
1 18 137F.6 LICENSE FEES.
1 19 1. The regulatory authority shall collect annual fees, in
1 20 amounts established in administrative rules adopted by the
1 21 department to reflect the cost of regulation, for licenses
1 22 issued for the following annual license fees purposes:
1 23 1. a. For a A mobile food unit or pushcart, twenty
1 24 dollars.
1 25 2. b. For a A temporary food establishment per fixed
1 26 location, twenty=five dollars.
1 27 3. c. For a A vending machine, twenty dollars for the
1 28 first machine and five dollars for each additional machine.
1 29 The annual license fee for vending machines shall be graduated
1 30 based upon the quantity of machines.
1 31 4. d. For a A food establishment which that prepares or
1 32 serves food for individual portion service intended for
1 33 consumption on=the=premises, the. The annual license fee
1 34 shall correspond be graduated according to the dollar value of
1 35 the annual gross food and beverage sales of the food
2 1 establishment, as follows:
2 2 a. Annual gross sales of under fifty thousand dollars,
2 3 fifty dollars.
2 4 b. Annual gross sales of at least fifty thousand dollars
2 5 but less than one hundred thousand dollars, eighty=five
2 6 dollars.
2 7 c. Annual gross sales of at least one hundred thousand
2 8 dollars but less than two hundred fifty thousand dollars, one
2 9 hundred seventy=five dollars.
2 10 d. Annual gross sales of two hundred fifty thousand
2 11 dollars but less than five hundred thousand dollars, two
2 12 hundred dollars.
2 13 e. Annual gross sales of five hundred thousand dollars or
2 14 more, two hundred twenty=five dollars.
2 15 5. e. For a A food establishment which that sells food or
2 16 food products to consumer customers intended for preparation
2 17 or consumption off=the=premises, the. The annual license fee
2 18 shall correspond be graduated according to the annual gross
2 19 food and beverage sales of the food establishment, as follows:
2 20 a. Annual gross sales of under ten thousand dollars,
2 21 thirty dollars.
2 22 b. Annual gross sales of at least ten thousand dollars but
2 23 less than two hundred fifty thousand dollars, seventy=five
2 24 dollars.
2 25 c. Annual gross sales of at least two hundred fifty
2 26 thousand dollars but less than five hundred thousand dollars,
2 27 one hundred fifteen dollars.
2 28 d. Annual gross sales of at least five hundred thousand
2 29 dollars but less than seven hundred fifty thousand dollars,
2 30 one hundred fifty dollars.
2 31 e. Annual gross sales of seven hundred fifty thousand
2 32 dollars or more, two hundred twenty=five dollars.
2 33 6. f. For a A food processing plant, the. The annual
2 34 license fee shall correspond be graduated according to the
2 35 annual gross food and beverage sales of the food processing
3 1 plant, as follows:
3 2 a. Annual gross sales of under fifty thousand dollars,
3 3 fifty dollars.
3 4 b. Annual gross sales of at least fifty thousand dollars
3 5 but less than two hundred fifty thousand dollars, one hundred
3 6 dollars.
3 7 c. Annual gross sales of at least two hundred fifty
3 8 thousand dollars but less than five hundred thousand dollars,
3 9 one hundred fifty dollars.
3 10 d. Annual gross sales of five hundred thousand dollars or
3 11 more, two hundred fifty dollars.
3 12 7. g. For a A farmers market where potentially hazardous
3 13 food is sold or distributed, one. A seasonal license fee of
3 14 one hundred dollars shall be imposed for each vendor on a
3 15 countywide basis.
3 16 2. A food establishment covered by subsections 4 and 5
3 17 subsection 1, paragraphs "d" and "e", shall be assessed
3 18 license fees not to exceed seventy=five percent of the total
3 19 combined fees otherwise applicable under both subsections the
3 20 paragraphs.
3 21 3. Fees collected by the department shall be deposited in
3 22 credited to the general fund of the state. Fees collected by
3 23 a municipal corporation shall be retained by the municipal
3 24 corporation for regulation of food establishments and food
3 25 processing plants licensed under this chapter.
3 26 4. Each vending machine licensed under this chapter shall
3 27 bear a readily visible identification tag or decal provided by
3 28 the licensee, containing the licensee's business address and
3 29 phone number, and a company license number assigned by the
3 30 regulatory authority.
3 31 Sec. 5. Section 331.756, subsection 32, Code 2005, is
3 32 amended to read as follows:
3 33 32. Assist the department of inspections and appeals in
3 34 the enforcement of the Iowa food code and the Iowa hotel
3 35 sanitation code as provided in sections 137F.19 and section
4 1 137C.30.
4 2 Sec. 6. Section 331.756, Code 2005, is amended by adding
4 3 the following new subsection:
4 4 NEW SUBSECTION. 32A. Assist the Iowa department of public
4 5 health in the enforcement of the Iowa food code as provided in
4 6 section 137F.19.
4 7 Sec. 7. FOOD CODE, RULES, AGREEMENTS, AND APPROPRIATIONS
4 8 TRANSFER.
4 9 1. The food code adopted by the director of the department
4 10 of inspections and appeals under section 137F.2, Code 2005,
4 11 shall remain in effect until modified or rescinded by the
4 12 director of public health.
4 13 2. The administrative rules adopted by the department of
4 14 inspections and appeals under chapter 137F, Code 2005, shall
4 15 remain in effect until modified or rescinded by the Iowa
4 16 department of public health.
4 17 3. Effective July 1, 2005, an agreement entered into under
4 18 section 137F.3, Code 2005, between the director of the
4 19 department of inspections and appeals and a municipal
4 20 corporation for the municipal corporation to license, inspect,
4 21 and enforce chapter 137F within the municipal corporation's
4 22 jurisdiction shall be deemed to be an agreement with the
4 23 director of public health and shall remain in effect until
4 24 expiration of the agreement or the agreement is modified or
4 25 rescinded by the parties to the agreement.
4 26 4. Effective July 1, 2005, the Iowa department of public
4 27 health shall assume the departmental duties outlined in the
4 28 food code and administrative rules adopted under chapter 137F
4 29 in place of the department of inspections and appeals.
4 30 5. The license fees specified in section 137F.6, Code
4 31 2005, shall remain in effect until the effective date of the
4 32 rules adopted by the Iowa department of public health
4 33 establishing license fees as provided in section 137F.6, as
4 34 amended by this Act.
4 35 6. Appropriations made from the general fund of the state
5 1 for the fiscal year beginning July 1, 2005, and ending June
5 2 30, 2006, to the department of inspections and appeals for
5 3 administration and enforcement of the Iowa food code shall be
5 4 transferred to the Iowa department of public health.
5 5 EXPLANATION
5 6 This bill provides for the Iowa department of public health
5 7 to administer the Iowa food code under Code chapter 137F in
5 8 place of the department of inspections and appeals.
5 9 Code section 10A.104 is amended to strike this
5 10 responsibility from the duties of the department of
5 11 inspections and appeals.
5 12 Code section 135.11 is amended to add this duty in the list
5 13 of responsibilities provided to the Iowa department of public
5 14 health.
5 15 Code chapter 137F references to the department of
5 16 inspections and appeals are changed to the Iowa department of
5 17 public health.
5 18 Code section 137F.6 is amended to allow the department to
5 19 establish annual license fee amounts in administrative rule
5 20 based upon the cost of regulation. The current fee amounts
5 21 are stricken.
5 22 The duties of the county attorney in Code section 331.756
5 23 are amended to change references to the two departments.
5 24 A transition section provides for the food code adopted by
5 25 the director of inspections and appeals and the administrative
5 26 rules adopted by the department of inspections and appeals to
5 27 remain in effect until rescinded or modified by the director
5 28 of public health and the Iowa department of public health.
5 29 Agreements entered into for municipal corporations to license,
5 30 inspect, and enforce Code chapter 137F within the municipal
5 31 corporation's jurisdiction are deemed to be with the Iowa
5 32 department of public health in place of the department of
5 33 inspections and appeals. The license fees specified in
5 34 current law remain in effect until rules are adopted
5 35 establishing the fee amounts by rule. Appropriations made for
6 1 fiscal year 2005=2006 for purposes of the Iowa food code are
6 2 transferred to the Iowa department of public health.
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