House File 351 - 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 an increase in home food establishment, food
2 establishment, and food processing plant fees.
3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
4 TLSB 2282HH 81
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PAG LIN
1 1 Section 1. Section 137D.2, subsection 1, Code 2005, is
1 2 amended to read as follows:
1 3 1. A person shall not open or operate a home food
1 4 establishment until a license has been obtained from the
1 5 department of inspections and appeals. The department shall
1 6 collect a fee of twenty=five fifty dollars for a license.
1 7 Fees imposed pursuant to this subsection shall be increased
1 8 annually in an amount equal to the percentage rate of change
1 9 in the consumer price index as tabulated by the federal bureau
1 10 of labor statistics for the current year times the current
1 11 fee, and rounded to the nearest increment of five dollars.
1 12 After collection, the fees shall be deposited in the general
1 13 fund of the state. A license shall expire one year from date
1 14 of issue. A license is renewable.
1 15 Sec. 2. Section 137F.6, Code 2005, is amended to read as
1 16 follows:
1 17 137F.6 LICENSE FEES.
1 18 The regulatory authority shall collect the following annual
1 19 license fees:
1 20 1. For a mobile food unit or pushcart, twenty forty
1 21 dollars.
1 22 2. For a temporary food establishment per fixed location,
1 23 twenty=five fifty dollars.
1 24 3. For a vending machine, twenty forty dollars for the
1 25 first machine and five ten dollars for each additional
1 26 machine.
1 27 4. For a food establishment which prepares or serves food
1 28 for individual portion service intended for consumption on=
1 29 the=premises, the annual license fee shall correspond to the
1 30 annual gross food and beverage sales of the food
1 31 establishment, as follows:
1 32 a. Annual gross sales of under fifty thousand dollars,
1 33 fifty one hundred dollars.
1 34 b. Annual gross sales of at least fifty thousand dollars
1 35 but less than one hundred thousand dollars, eighty=five one
2 1 hundred seventy dollars.
2 2 c. Annual gross sales of at least one hundred thousand
2 3 dollars but less than two hundred fifty thousand dollars, one
2 4 hundred seventy=five three hundred fifty dollars.
2 5 d. Annual gross sales of two hundred fifty thousand
2 6 dollars but less than five hundred thousand dollars, two four
2 7 hundred dollars.
2 8 e. Annual gross sales of five hundred thousand dollars or
2 9 more, two hundred twenty=five four hundred fifty dollars.
2 10 5. For a food establishment which sells food or food
2 11 products to consumer customers intended for preparation or
2 12 consumption off=the=premises, the annual license fee shall
2 13 correspond to the annual gross food and beverage sales of the
2 14 food establishment, as follows:
2 15 a. Annual gross sales of under ten thousand dollars,
2 16 thirty sixty dollars.
2 17 b. Annual gross sales of at least ten thousand dollars but
2 18 less than two hundred fifty thousand dollars, seventy=five one
2 19 hundred fifty 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 fifteen two hundred thirty dollars.
2 23 d. Annual gross sales of at least five hundred thousand
2 24 dollars but less than seven hundred fifty thousand dollars,
2 25 one hundred fifty three hundred dollars.
2 26 e. Annual gross sales of seven hundred fifty thousand
2 27 dollars or more, two hundred twenty=five four hundred fifty
2 28 dollars.
2 29 6. For a food processing plant, the annual license fee
2 30 shall correspond to the annual gross food and beverage sales
2 31 of the food processing plant, as follows:
2 32 a. Annual gross sales of under fifty thousand dollars,
2 33 fifty one hundred dollars.
2 34 b. Annual gross sales of at least fifty thousand dollars
2 35 but less than two hundred fifty thousand dollars, one two
3 1 hundred dollars.
3 2 c. Annual gross sales of at least two hundred fifty
3 3 thousand dollars but less than five hundred thousand dollars,
3 4 one hundred fifty three hundred dollars.
3 5 d. Annual gross sales of five hundred thousand dollars or
3 6 more, two hundred fifty five hundred dollars.
3 7 7. For a farmers market where potentially hazardous food
3 8 is sold or distributed, one seasonal license fee of one two
3 9 hundred dollars for each vendor on a countywide basis.
3 10 A food establishment covered by subsections 4 and 5 shall
3 11 be assessed license fees not to exceed seventy=five percent of
3 12 the total fees applicable under both subsections.
3 13 All fees imposed pursuant to this chapter shall be
3 14 increased annually in an amount equal to the percentage rate
3 15 of change in the consumer price index as tabulated by the
3 16 federal bureau of labor statistics for the current year times
3 17 the current fee, and rounded to the nearest increment of five
3 18 dollars.
3 19 Fees collected by the department shall be deposited in the
3 20 general fund of the state. Fees collected by a municipal
3 21 corporation shall be retained by the municipal corporation for
3 22 regulation of food establishments and food processing plants
3 23 licensed under this chapter.
3 24 Each vending machine licensed under this chapter shall bear
3 25 a readily visible identification tag or decal provided by the
3 26 licensee, containing the licensee's business address and phone
3 27 number, and a company license number assigned by the
3 28 regulatory authority.
3 29 EXPLANATION
3 30 This bill provides for an increase in home food
3 31 establishment, food establishment, and food processing plant
3 32 licensing fees.
3 33 The bill provides that with reference to home food
3 34 establishments licensed pursuant to Code chapter 137D, and
3 35 food establishments and food processing plants licensed
4 1 pursuant to Code chapter 137F, the current annual licensing
4 2 fees shall be doubled. The bill provides that for each year
4 3 thereafter, the fees shall be increased annually in an amount
4 4 equal to the percentage rate of change in the consumer price
4 5 index as tabulated by the federal bureau of labor statistics
4 6 for the current year times the current fee, and rounded to the
4 7 nearest increment of $5.
4 8 LSB 2282HH 81
4 9 rn:nh/gg/14