Senate File 184 - Introduced



                                       SENATE FILE       
                                       BY  DOTZLER


    Passed Senate, Date               Passed House,  Date             
    Vote:  Ayes        Nays           Vote:  Ayes        Nays         
                 Approved                            

                                      A BILL FOR

  1 An Act relating to hotel, food establishment, and food processing
  2    plant licensing and inspection, providing fees, making
  3    penalties applicable, making an appropriation, and providing
  4    an effective date.
  5 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  6 TLSB 2412SS 82
  7 nh/je/5

PAG LIN



  1  1    Section 1.  Section 137C.6, Code 2007, is amended to read
  1  2 as follows:
  1  3    137C.6  AUTHORITY TO ENFORCE.
  1  4    1.  The director shall regulate, license, and inspect
  1  5 hotels and enforce the Iowa hotel sanitation code in Iowa.
  1  6 Municipal corporations shall not regulate, license, inspect,
  1  7 or collect license fees from hotels except as provided for in
  1  8 the Iowa hotel sanitation code.
  1  9    2.  If a municipal corporation wants its local board of
  1 10 health to license, inspect, and otherwise enforce the Iowa
  1 11 hotel sanitation code within its jurisdiction, the municipal
  1 12 corporation may enter into an agreement to do so with the
  1 13 director.  The director may enter into the agreement if the
  1 14 director finds that the local board of health has adequate
  1 15 resources to perform the required functions.  A municipal
  1 16 corporation may only enter into an agreement to enforce the
  1 17 Iowa hotel sanitation code if it also agrees to enforce the
  1 18 Iowa food code rules setting minimum standards to protect
  1 19 consumers from foodborne illness adopted pursuant to section
  1 20 137F.3 137F.2.
  1 21    3.  A local board of health that is responsible for
  1 22 enforcing the Iowa hotel sanitation code within its
  1 23 jurisdiction pursuant to an agreement, shall make an annual
  1 24 report to the director providing the following information:
  1 25    1.  a.  The total number of hotel licenses granted or
  1 26 renewed during the year.
  1 27    2.  b.  The number of hotel licenses granted or renewed
  1 28 during the year broken down into the following categories:
  1 29    a.  (1)  Hotels containing fifteen guest rooms or less.
  1 30    b.  (2)  Hotels containing more than fifteen but less than
  1 31 thirty=one guest rooms.
  1 32    c.  (3)  Hotels containing more than thirty but less than
  1 33 seventy=six guest rooms.
  1 34    d.  (4)  Hotels containing more than seventy=five but less
  1 35 than one hundred fifty guest rooms.
  2  1    e.  (5)  Hotels containing one hundred fifty or more guest
  2  2 rooms.
  2  3    3.  c.  The amount of money collected in license fees
  2  4 during the year.
  2  5    4.  d.  Other information the director requests.
  2  6    4.  The director shall monitor local boards of health to
  2  7 determine if they are enforcing the Iowa hotel sanitation code
  2  8 within their respective jurisdictions.  If the director
  2  9 determines that the Iowa hotel sanitation code is enforced by
  2 10 a local board of health, such enforcement shall be accepted in
  2 11 lieu of enforcement by the department in that jurisdiction.
  2 12 If the director determines that the Iowa hotel sanitation code
  2 13 is not enforced by a local board of health, the director may
  2 14 rescind the agreement after reasonable notice and an
  2 15 opportunity for a hearing.  If the agreement is rescinded, the
  2 16 director shall assume responsibility for enforcement in the
  2 17 jurisdiction involved.
  2 18    Sec. 2.  Section 137F.1, subsection 7, Code 2007, is
  2 19 amended by striking the subsection.
  2 20    Sec. 3.  Section 137F.1, subsection 8, unnumbered paragraph
  2 21 1, Code 2007, is amended to read as follows:
  2 22    "Food establishment" means an operation that stores,
  2 23 prepares, packages, serves, vends, or otherwise provides food
  2 24 for human consumption and includes a food service operation in
  2 25 a salvage or distressed food operation, school, summer camp,
  2 26 residential service substance abuse treatment facility,
  2 27 halfway house substance abuse treatment facility, correctional
  2 28 facility operated by the department of corrections, the state
  2 29 training school, or the Iowa juvenile home.  "Food
  2 30 establishment" does not include the following:
  2 31    Sec. 4.  Section 137F.2, Code 2007, is amended by striking
  2 32 the section and inserting in lieu thereof the following:
  2 33    137F.2  ADOPTION BY RULE.
  2 34    The department shall, in accordance with chapter 17A, adopt
  2 35 rules setting minimum standards for entities covered under
  3  1 this chapter to protect consumers from foodborne illness.  In
  3  2 so doing, the department may adopt by reference, with or
  3  3 without amendment, the United States food and drug
  3  4 administration food code, which shall be specified by title
  3  5 and edition, date of publication, or similar information.  The
  3  6 rules and standards shall be formulated in consultation with
  3  7 municipal corporations under agreement with the department,
  3  8 affected state agencies, and industry, professional, and
  3  9 consumer groups.
  3 10    Sec. 5.  Section 137F.3, Code 2007, is amended to read as
  3 11 follows:
  3 12    137F.3  AUTHORITY TO ENFORCE.
  3 13    1.  The director shall regulate, license, and inspect food
  3 14 establishments and food processing plants and enforce this
  3 15 chapter pursuant to rules adopted by the department in
  3 16 accordance with chapter 17A.  Municipal corporations shall not
  3 17 regulate, license, inspect, or collect license fees from food
  3 18 establishments and food processing plants, except as provided
  3 19 in this section.
  3 20    2.  A municipal corporation may enter into an agreement
  3 21 with the director to provide that the municipal corporation
  3 22 shall license, inspect, and otherwise enforce this chapter
  3 23 within its jurisdiction.  The director may enter into the
  3 24 agreement if the director finds that the municipal corporation
  3 25 has adequate resources to perform the required functions.  A
  3 26 municipal corporation may only enter into an agreement to
  3 27 enforce the Iowa food code rules setting minimum standards to
  3 28 protect consumers from foodborne illness adopted pursuant to
  3 29 this section 137F.2 if it also agrees to enforce the Iowa
  3 30 hotel sanitation code pursuant to section 137C.6.  However,
  3 31 the department shall license and inspect all food processing
  3 32 plants which manufacture, package, or label food products.  A
  3 33 municipal corporation may license and inspect, as authorized
  3 34 by this section, food processing plants whose operations are
  3 35 limited to the storage of food products.
  4  1    3.  If the director enters into an agreement with a
  4  2 municipal corporation as provided by this section, the
  4  3 director shall provide that the inspection practices of a
  4  4 municipal corporation are spot=checked on a regular basis.
  4  5    4.  A municipal corporation that is responsible for
  4  6 enforcing this chapter within its jurisdiction pursuant to an
  4  7 agreement shall make an annual report to the director
  4  8 providing the following information:
  4  9    1.  a.  The total number of licenses granted or renewed by
  4 10 the municipal corporation under this chapter during the year.
  4 11    2.  b.  The number of licenses granted or renewed by the
  4 12 municipal corporation under this chapter during the year in
  4 13 each of the following categories:
  4 14    a.  (1)  Food establishments.
  4 15    b.  (2)  Food processing plants.
  4 16    c.  (3)  Mobile food units and pushcarts.
  4 17    d.  (4)  Temporary food establishments.
  4 18    e.  (5)  Vending machines.
  4 19    3.  c.  The amount of money collected in license fees
  4 20 during the year.
  4 21    4.  d.  Other information the director requests.
  4 22    5.  The director shall monitor municipal corporations which
  4 23 have entered into an agreement pursuant to this section to
  4 24 determine if they are enforcing this chapter within their
  4 25 respective jurisdictions.  If the director determines that
  4 26 this chapter is not enforced by a municipal corporation, the
  4 27 director may rescind the agreement after reasonable notice and
  4 28 an opportunity for a hearing.  If the agreement is rescinded,
  4 29 the director shall assume responsibility for enforcement in
  4 30 the jurisdiction involved.
  4 31    Sec. 6.  Section 137F.3A, Code 2007, is amended to read as
  4 32 follows:
  4 33    137F.3A  MUNICIPAL CORPORATION INSPECTIONS == CONTINGENT
  4 34 APPROPRIATION.
  4 35    1.  If a municipal corporation operating pursuant to a
  5  1 chapter 28E agreement with the department of inspections and
  5  2 appeals to enforce this chapter and chapters 137C and 137D
  5  3 either fails to renew the agreement effective after July 1,
  5  4 2005, but before July 1, 2007, or discontinues prior to July
  5  5 1, 2007, enforcement activities in one or more jurisdictions
  5  6 during the agreement time frame, or the department of
  5  7 inspections and appeals cancels an agreement prior to July 1,
  5  8 2007, due to noncompliance with the terms of the agreement,
  5  9 the department of inspections and appeals may employ
  5 10 additional full=time equivalent positions for the fiscal years
  5 11 ending prior to July 1, 2007, to enforce the provisions of the
  5 12 chapters, with the approval of the department of management.
  5 13 Before approval is given, the director of the department of
  5 14 management shall determine that the expenses exceed the funds
  5 15 budgeted by the general assembly for food inspections to the
  5 16 department of inspections and appeals.  The department of
  5 17 inspections and appeals may hire no more than one full=time
  5 18 equivalent position for each six hundred inspections required
  5 19 pursuant to this chapter and chapters 137C and 137D.
  5 20    2.  Notwithstanding chapter 137D, and sections 137C.9 and
  5 21 137F.6, if the conditions described in this section are met,
  5 22 fees imposed pursuant to that chapter and those sections shall
  5 23 be retained by and are appropriated to the department of
  5 24 inspections and appeals for the each fiscal years ending prior
  5 25 to July 1, 2007, year to provide for salaries, support,
  5 26 maintenance, and miscellaneous purposes associated with the
  5 27 additional inspections.
  5 28    3.  This section is repealed July 1, 2007.
  5 29    Sec. 7.  Section 137F.6, Code 2007, is amended by adding
  5 30 the following new subsections:
  5 31    NEW SUBSECTION.  8.  Upon transfer of ownership of an
  5 32 existing food establishment or food processing plant subject
  5 33 to a license fee under subsection 4, 5, or 6, the new owner
  5 34 shall pay the last license fee amount paid by the previous
  5 35 owner for the first year of licensure.  In subsequent years,
  6  1 the licensee shall pay the fee specified for the licensee's
  6  2 annual gross sales.
  6  3    NEW SUBSECTION.  9.  A new applicant subject to a license
  6  4 fee under subsection 4, 5, or 6, shall pay the license fee
  6  5 based on projected gross sales under each of the applicable
  6  6 subsections for the first year of licensure.  In subsequent
  6  7 years, the licensee shall pay the fee specified for the
  6  8 licensee's annual gross sales.
  6  9    NEW SUBSECTION.  10.  For a food establishment or food
  6 10 processing plant that is being remodeled or newly constructed
  6 11 and that is subject to a license fee under subsection 4, 5, or
  6 12 6, the applicant shall pay, in addition to any other fees
  6 13 assessed under this chapter, a plan review fee of up to two
  6 14 hundred fifty dollars, as determined by the regulatory
  6 15 authority.
  6 16    NEW SUBSECTION.  11.  For a food establishment or food
  6 17 processing plant that is being remodeled and that is subject
  6 18 to a license fee under subsection 4, 5, or 6, the licensee
  6 19 shall pay, in addition to any other fees assessed under this
  6 20 chapter, a plan review fee of up to two hundred fifty dollars,
  6 21 as determined by the regulatory authority.
  6 22    NEW SUBSECTION.  12.  If a routine inspection or a
  6 23 complaint investigation of a food establishment or food
  6 24 processing plant subject to a license fee under subsection 4,
  6 25 5, or 6, reveals the presence of one or more critical
  6 26 violations and requires one or more physical reinspections, a
  6 27 reinspection fee equal to fifty dollars shall be assessed for
  6 28 each reinspection.  Failure to pay the reinspection fee shall
  6 29 subject a food establishment or food processing plant to
  6 30 suspension or revocation of the food establishment's or food
  6 31 processing plant's license pursuant to section 137F.7 and to
  6 32 the penalty provisions of section 137F.17.
  6 33    Sec. 8.  Section 331.756, subsection 32, Code 2007, is
  6 34 amended to read as follows:
  6 35    32.  Assist the department of inspections and appeals in
  7  1 the enforcement of the Iowa food code rules setting minimum
  7  2 standards to protect consumers from foodborne illness adopted
  7  3 pursuant to section 137F.2 and the Iowa hotel sanitation code,
  7  4 as provided in sections 137F.19 and 137C.30.
  7  5    Sec. 9.  FOOD CODE APPLICABILITY == TEMPORARY PROVISIONS.
  7  6 Pending the adoption of rules pursuant to section 137F.2, as
  7  7 amended by this Act, the 1997 edition of the United States
  7  8 food and drug administration food code, with the amendments or
  7  9 exceptions thereto in effect prior to the effective date of
  7 10 this Act, shall continue in effect.
  7 11    Sec. 10.  EFFECTIVE DATE.  This Act, being deemed of
  7 12 immediate importance, takes effect upon enactment.
  7 13                           EXPLANATION
  7 14    This bill makes changes regarding the licensing and
  7 15 inspection of hotels, home food establishments, and food
  7 16 establishments.
  7 17    The bill provides for the deletion of a specific reference
  7 18 to the adoption of the "food code" in Code section 137F.2,
  7 19 statutory amendments or exceptions to the food code, providing
  7 20 instead for the adoption of rules setting minimum standards to
  7 21 protect consumers from foodborne illness.  The bill provides
  7 22 that the rules may incorporate by reference, with or without
  7 23 amendment, the United States food and drug administration food
  7 24 code, which if incorporated shall be specified by title and
  7 25 edition, date of publication, or similar information, and that
  7 26 the rules and standards shall be formulated in consultation
  7 27 with municipal corporations under agreement with the
  7 28 department, affected state agencies, and industry,
  7 29 professional, and consumer groups.  Conforming changes are
  7 30 made to other Code provisions currently referencing the "food
  7 31 code" as referred to in Code chapter 137F.  The bill specifies
  7 32 that until the rules are adopted, the 1997 edition of the
  7 33 United States food and drug administration food code, with the
  7 34 amendments or exceptions in effect prior to the effective date
  7 35 of the bill, shall continue to apply.
  8  1    The bill includes in the definition of a "food
  8  2 establishment" in Code section 137F.1 a salvage or distressed
  8  3 food operation.
  8  4    Code section 137F.3A, enacted in 2006, is amended to
  8  5 provide that the department of inspections and appeals may
  8  6 retain fees imposed on hotels, home food establishments, and
  8  7 on certain food establishments, each fiscal year and use the
  8  8 fees retained for costs associated with having the department
  8  9 conduct food inspections in jurisdictions where the applicable
  8 10 municipal corporation fails to conduct the inspections on or
  8 11 after July 1, 2005.  Current law allows the department to
  8 12 retain and use such fees between July 1, 2005, and July 1,
  8 13 2007.  The bill eliminates the future repeal of the provision
  8 14 on July 1, 2007.
  8 15    The bill provides for new categories of fees for
  8 16 reinspection and plan review relating to food establishments
  8 17 under Code chapter 137F.  The bill provides that if a transfer
  8 18 of ownership of a certain type of existing food establishment
  8 19 or food processing plant licensed under Code section 137F.6
  8 20 occurs, which would include a food establishment which
  8 21 prepares or serves food for individual portion service
  8 22 intended for consumption on=the=premises, a food establishment
  8 23 which sells food or food products to consumer customers
  8 24 intended for preparation or consumption off=the=premises, or a
  8 25 food processing plant, the new owner shall pay the last
  8 26 license fee for the first year of licensure, and in subsequent
  8 27 years, the fee specified for their annual gross sales.
  8 28    The bill additionally provides that an applicant for
  8 29 certain new licenses under Code section 137F.6 shall pay the
  8 30 license fee based on projected gross sales for the first year
  8 31 of licensure and, in subsequent years, the fee specified for
  8 32 their annual gross sales.
  8 33    Further, for certain food establishments and food
  8 34 processing plants to be licensed under Code section 137F.6
  8 35 that are being newly constructed or remodeled, or for an
  9  1 existing licensee undergoing remodeling, the bill provides
  9  2 that the applicant or licensee shall pay, in addition to any
  9  3 other fees assessed, a plan review fee of up to $250, as
  9  4 determined by the regulatory authority.
  9  5    Additionally, the bill provides that if a routine
  9  6 inspection or a complaint investigation of certain food
  9  7 establishments and food processing plants licensed under Code
  9  8 section 137F.6 reveals the presence of one or more critical
  9  9 violations and requires one or more physical reinspections, a
  9 10 reinspection fee equal to $50 shall be assessed for each
  9 11 reinspection.  The bill specifies that failure to pay the
  9 12 reinspection fee shall subject a licensee to suspension or
  9 13 revocation of the license pursuant to Code section 137F.7, and
  9 14 the penalty provisions of Code section 137F.17.
  9 15    The bill takes effect upon enactment.
  9 16 LSB 2412SS 82
  9 17 nh:rj/je/5