S.F. 265 DIVISION I 1 HOTEL SANITATION CODE 2 Section 1. Section 137C.6, subsection 3, paragraph b, Code 3 2015, is amended to read as follows: 4 b. The number of hotel licenses granted or renewed during 5 the year broken down into the following categories: 6 (1) Hotels containing fifteen thirty guest rooms or less. 7 (2) Hotels containing more than fifteen thirty but less than 8 thirty-one one hundred one guest rooms. 9 (3) Hotels containing more than thirty but less than 10 seventy-six one hundred one guest rooms. 11 (4) Hotels containing more than seventy-five but less than 12 one hundred fifty guest rooms. 13 (5) Hotels containing one hundred fifty or more guest rooms. 14 Sec. 2. Section 137C.7, Code 2015, is amended to read as 15 follows: 16 137C.7 License required. 17 No A person shall not open or operate a hotel until the 18 regulatory authority has inspected the hotel and issued 19 a license has been obtained from the regulatory authority 20 and until the hotel has been inspected by the regulatory 21 authority to the person . The regulatory authority shall 22 conduct inspections in accordance with standards adopted by 23 the department by rule pursuant to chapter 17A. Each license 24 shall expire one year from the date of issue. A license is 25 renewable. All licenses issued under the Iowa hotel sanitation 26 code this chapter that are not renewed by the licensee on or 27 before the expiration date shall be subject to a penalty of ten 28 percent of the license fee per month if the license is renewed 29 at a later date. A license is not transferable. 30 Sec. 3. Section 137C.9, subsection 1, Code 2015, is amended 31 to read as follows: 32 1. Either the department or the municipal corporation shall 33 collect the following annual license fees: 34 a. For a hotel containing fifteen thirty guest rooms or 35 -1- LSB 2285SS (2) 86 ad/nh 1/ 15

S.F. 265 less, twenty-seven fifty dollars. 1 b. For a hotel containing more than fifteen thirty but less 2 than thirty-one one hundred one guest rooms, forty dollars and 3 fifty cents one hundred dollars . 4 c. For a hotel containing more than thirty but less than 5 seventy-six one hundred one guest rooms, fifty-four one hundred 6 fifty dollars. 7 d. For a hotel containing more than seventy-five but less 8 than one hundred fifty guest rooms, fifty-seven dollars and 9 fifty cents. 10 e. For a hotel containing one hundred fifty or more guest 11 rooms, one hundred one dollars and twenty-five cents. 12 Sec. 4. Section 137C.12, Code 2015, is amended to read as 13 follows: 14 137C.12 Inspection upon complaint. 15 Upon receipt of a verified complaint signed by a guest of a 16 hotel and stating facts indicating the place is premises of a 17 hotel are in an insanitary unsanitary condition, the regulatory 18 authority shall conduct an inspection. 19 DIVISION II 20 HOME FOOD ESTABLISHMENTS 21 Sec. 5. Section 10A.104, subsection 12, Code 2015, is 22 amended to read as follows: 23 12. Administer inspections and licensing of hotels and home 24 food establishments bakeries . 25 Sec. 6. Section 137D.1, subsections 3 and 4, Code 2015, are 26 amended to read as follows: 27 3. “Home food establishment” “Home bakery” means a business 28 on the premises of a residence in which prepared food is 29 created for sale or resale, for consumption off the premises, 30 if the business has gross annual sales of prepared food of 31 less than twenty thousand dollars. However, a home food 32 establishment “home bakery” does not include a residence 33 in which food is prepared to be used or sold by churches, 34 fraternal societies, charitable organizations, or civic 35 -2- LSB 2285SS (2) 86 ad/nh 2/ 15

S.F. 265 organizations. 1 4. “Prepared food” means soft pies, bakery products with a 2 custard or cream filling, or any other potentially hazardous 3 baked goods that are a time/temperature control for safety 4 food . “Prepared food” does not mean nonhazardous include baked 5 goods that are not a time/temperature control for safety food , 6 including but not limited to breads, fruit pies, cakes, or 7 other nonhazardous pastries that are not a time/temperature 8 control for safety food . 9 Sec. 7. Section 137D.1, Code 2015, is amended by adding the 10 following new subsection: 11 NEW SUBSECTION . 5. “Time/temperature control for safety 12 food” means a food that requires time and temperature controls 13 for safety to limit pathogenic microorganism growth or toxin 14 formation. 15 Sec. 8. Section 137D.2, Code 2015, is amended to read as 16 follows: 17 137D.2 Licenses and inspections. 18 1. A person shall not open or operate a home food 19 establishment bakery until a license has been obtained from the 20 department of inspections and appeals. The department shall 21 collect a fee of thirty-three dollars and seventy-five cents 22 fifty dollars for a license. After collection, the fees shall 23 be deposited in the general fund of the state. A license shall 24 expire one year from date of issue. A license is renewable. 25 2. A person shall not sell or distribute from a home food 26 establishment bakery if the home food establishment bakery is 27 unlicensed, the license of the home food establishment bakery 28 is suspended, or the food fails to meet standards adopted for 29 such food by the department. 30 3. An application for a license under this chapter shall be 31 made upon a form furnished by the department and shall contain 32 the items required by it according to rules adopted by the 33 department. 34 4. The department shall regulate, license, and inspect home 35 -3- LSB 2285SS (2) 86 ad/nh 3/ 15

S.F. 265 food establishments bakeries according to standards adopted by 1 rule. 2 5. The department shall provide for the periodic inspection 3 of a home food establishment bakery . The inspector may enter 4 the home food establishment bakery at any reasonable hour to 5 make the inspection. The department shall inspect only those 6 areas related to preparing food for sale. 7 6. The department shall regulate and inspect food prepared 8 at a home food establishment bakery according to standards 9 adopted by rule. The inspection may occur at any place where 10 the prepared food is created, transported, or stored for sale 11 or resale. 12 Sec. 9. Section 137D.3, Code 2015, is amended to read as 13 follows: 14 137D.3 Penalty. 15 A person who violates a provision of this chapter , including 16 a standard adopted by departmental rule, relating to home food 17 establishments bakeries or prepared foods created in a home 18 food establishment bakery , is guilty of a simple misdemeanor. 19 Each day that the violation continues constitutes a separate 20 offense. 21 Sec. 10. Section 137D.4, Code 2015, is amended to read as 22 follows: 23 137D.4 Injunction. 24 A person operating a home food establishment bakery or 25 selling prepared foods created at a home food establishment 26 bakery in violation of a provision of this chapter may be 27 restrained by injunction from further operating that home food 28 establishment bakery . If an imminent health hazard exists, the 29 home food establishment bakery must cease operation. Operation 30 shall not be resumed until authorized by the department. 31 Sec. 11. Section 137D.6, Code 2015, is amended to read as 32 follows: 33 137D.6 Conflicts with state building code. 34 Provisions of this chapter , including standards for home 35 -4- LSB 2285SS (2) 86 ad/nh 4/ 15

S.F. 265 food establishments bakeries adopted by the department, in 1 conflict with the state building code, as adopted pursuant 2 to section 103A.7 , shall not apply where the state building 3 code has been adopted or when the state building code applies 4 throughout the state. 5 Sec. 12. Section 137D.8, subsections 1 and 3, Code 2015, are 6 amended to read as follows: 7 1. The person’s home food establishment bakery does not 8 conform to a provision of this chapter or a rule adopted 9 pursuant to this chapter . 10 3. The person conducts an activity constituting a criminal 11 offense in the home food establishment bakery and is convicted 12 of a serious misdemeanor or a more serious offense as a result. 13 Sec. 13. Section 137F.1, subsection 7, paragraph d, Code 14 2015, is amended to read as follows: 15 d. Premises which are a home food establishment bakery 16 pursuant to chapter 137D . 17 DIVISION III 18 FOOD ESTABLISHMENTS AND FOOD PROCESSING PLANTS 19 Sec. 14. Section 137F.1, Code 2015, is amended by adding the 20 following new subsections: 21 NEW SUBSECTION . 4A. “Event” means a significant occurrence 22 or happening sponsored by a civic, business, educational, 23 governmental, community, or veterans organization and may 24 include an athletic contest. 25 NEW SUBSECTION . 15A. “Time/temperature control for safety 26 food” means a food that requires time and temperature controls 27 for safety to limit pathogenic microorganism growth or toxin 28 formation. 29 Sec. 15. Section 137F.1, subsection 7, unnumbered paragraph 30 1, Code 2015, is amended to read as follows: 31 “Food establishment” means an operation that stores, 32 prepares, packages, serves, vends, or otherwise provides food 33 for human consumption and includes a food service operation 34 in a salvage or distressed food operation, school, summer 35 -5- LSB 2285SS (2) 86 ad/nh 5/ 15

S.F. 265 camp, residential service substance abuse treatment facility, 1 halfway house substance abuse treatment facility, correctional 2 facility operated by the department of corrections, or the 3 state training school , or the Iowa juvenile home . “Food 4 establishment” does not include the following: 5 Sec. 16. Section 137F.1, subsection 7, paragraphs b, e, and 6 f, Code 2015, are amended to read as follows: 7 b. An establishment that offers only prepackaged foods that 8 are nonpotentially hazardous not time/temperature control for 9 safety foods . 10 e. Premises where a person operates a farmers market, if 11 potentially hazardous food is time/temperature control for 12 safety foods are not sold or distributed from the premises. 13 f. Premises of a residence in which food that is 14 nonpotentially hazardous not a time/temperature control for 15 safety food is sold for consumption off the premises to a 16 consumer customer, if the food is labeled to identify the name 17 and address of the person preparing the food and the common 18 name of the food. 19 Sec. 17. Section 137F.1, subsections 11 and 12, Code 2015, 20 are amended by striking the subsections. 21 Sec. 18. Section 137F.1, subsections 13, 15, 16, and 17, 22 Code 2015, are amended to read as follows: 23 13. “Pushcart” means a non-self-propelled vehicle food 24 establishment limited to serving nonpotentially hazardous foods 25 foods that are not time/temperature control for safety foods or 26 commissary-wrapped foods maintained at proper temperatures, or 27 limited to the preparation and serving of frankfurters. 28 15. “Temporary food establishment” means a food 29 establishment that operates for a period of no more than 30 fourteen consecutive days in conjunction with a single event 31 or celebration . 32 16. “Vending machine” means a food establishment which is 33 a self-service device that, upon insertion of a coin, paper 34 currency, token, card, or key, or by optional manual operation, 35 -6- LSB 2285SS (2) 86 ad/nh 6/ 15

S.F. 265 dispenses unit servings of food in bulk or in packages without 1 the necessity of replenishing the device between each vending 2 operation. 3 17. “Vending machine location” means the physical site 4 room, enclosure, space, or area where a one or more vending 5 machine is machines are installed and operated, including the 6 storage and servicing areas on the premises that are used in 7 conjunction with to service and maintain the vending machine. 8 Sec. 19. Section 137F.3, subsection 4, Code 2015, is amended 9 to read as follows: 10 4. A municipal corporation that is responsible for 11 enforcing this chapter within its jurisdiction pursuant to an 12 agreement shall make an annual report to the director providing 13 the following information: 14 a. The total number of licenses granted or renewed by the 15 municipal corporation under this chapter during the year. 16 b. The number of licenses granted or renewed by the 17 municipal corporation under this chapter during the year in 18 each of the following categories: 19 (1) Food establishments. 20 (2) Food processing plants. 21 (3) Mobile food units and pushcarts. 22 (4) Temporary food establishments. 23 (5) Vending machines. 24 c. The amount of money collected in license fees during the 25 year. 26 d. The amount expended to perform the functions required 27 under the agreement, submitted on a form prescribed by the 28 department. 29 e. Other information the director requests use the data 30 system prescribed by the director for activities governed by an 31 agreement executed pursuant to this section . 32 Sec. 20. Section 137F.4, Code 2015, is amended to read as 33 follows: 34 137F.4 License required. 35 -7- LSB 2285SS (2) 86 ad/nh 7/ 15

S.F. 265 A person shall not operate a food establishment or food 1 processing plant to provide goods or services to the general 2 public, or open a food establishment to the general public, 3 until the appropriate license has been obtained from the 4 regulatory authority. Sale of products at wholesale to outlets 5 not owned by a commissary owner requires a food processing 6 plant license. A license shall expire one year from the date 7 of issue. A license is renewable if application for renewal is 8 made prior to expiration of the license or within sixty days 9 of the expiration date of the license . All licenses issued 10 under this chapter that are not renewed by the licensee on or 11 before the expiration date shall be subject to a penalty of ten 12 percent per month of the license fee if the license is renewed 13 at a later date. 14 Sec. 21. Section 137F.5, Code 2015, is amended to read as 15 follows: 16 137F.5 Application for license. 17 1. An application form prescribed by the department 18 for a license under this chapter shall be obtained from 19 the department or from a municipal corporation which is 20 a regulatory authority. A completed application and an 21 application fee of two hundred dollars shall be submitted 22 to the appropriate regulatory authority. However, an 23 application for a license for a farmers market, temporary food 24 establishment for a single event, temporary food establishment 25 for multiple nonconcurrent events, or vending machine is exempt 26 from the application fee requirement under this subsection. 27 2. A person conducting an event shall submit a license 28 application and an application fee of fifty dollars to the 29 appropriate regulatory authority at least sixty days in advance 30 of the event. An “event” for purposes of this subsection does 31 not include a fair as defined in section 174.1 or a farmers 32 market with ten or more temporary food establishments. 33 3. The dominant form of business shall determine the type of 34 license for establishments which engage in operations covered 35 -8- LSB 2285SS (2) 86 ad/nh 8/ 15

S.F. 265 under both the definition of a food establishment and of a food 1 processing plant. 2 4. The regulatory authority where the unit is domiciled 3 shall issue a license for a mobile food unit. 4 An application for renewal of a license shall be made 5 at least thirty days before the expiration of the existing 6 license. 7 Sec. 22. Section 137F.6, subsection 1, Code 2015, is amended 8 to read as follows: 9 1. The regulatory authority shall collect the following 10 annual license fees: 11 a. For a mobile food unit or pushcart, twenty-seven two 12 hundred fifty dollars. 13 b. For a temporary food establishment per fixed location 14 for a single event , thirty-three dollars and fifty cents fifty 15 dollars . 16 c. For a temporary food establishment for multiple 17 nonconcurrent events during a calendar year, one annual 18 license fee of two hundred dollars for each establishment on a 19 countywide basis. 20 c. d. For a vending machine, twenty fifty dollars for 21 the first machine and five twenty dollars for each additional 22 machine. 23 d. e. For a food establishment which prepares or serves 24 food for individual portion service intended for consumption 25 on-the-premises, the annual license fee shall correspond to the 26 annual gross food and beverage sales of the food establishment, 27 as follows: 28 (1) Annual gross sales of under fifty less than one hundred 29 thousand dollars, sixty-seven dollars and fifty cents one 30 hundred fifty dollars . 31 (2) Annual gross sales of at least fifty one hundred 32 thousand dollars but less than one five hundred thousand 33 dollars, one hundred fourteen dollars and fifty cents three 34 hundred dollars . 35 -9- LSB 2285SS (2) 86 ad/nh 9/ 15

S.F. 265 (3) Annual gross sales of at least one five hundred thousand 1 dollars but less than two hundred fifty thousand dollars, two 2 hundred thirty-six dollars and twenty-five cents or more, four 3 hundred dollars . 4 (4) Annual gross sales of two hundred fifty thousand dollars 5 but less than five hundred thousand dollars, two hundred 6 seventy-five dollars. 7 (5) Annual gross sales of five hundred thousand dollars or 8 more, three hundred three dollars and seventy-five cents. 9 e. f. For a food establishment which sells food or food 10 products to consumer customers intended for preparation or 11 consumption off-the-premises, the annual license fee shall 12 correspond to the annual gross food and beverage sales of the 13 food establishment, as follows: 14 (1) Annual gross sales of under ten less than two hundred 15 fifty thousand dollars, forty dollars and fifty cents one 16 hundred fifty dollars . 17 (2) Annual gross sales of at least ten two hundred fifty 18 thousand dollars but less than two seven hundred fifty thousand 19 dollars, one hundred one dollars and twenty-five cents three 20 hundred dollars . 21 (3) Annual gross sales of at least two seven hundred fifty 22 thousand dollars but less than five hundred thousand dollars, 23 one hundred fifty-five dollars and twenty-five cents or more, 24 four hundred dollars . 25 (4) Annual gross sales of at least five hundred thousand 26 dollars but less than seven hundred fifty thousand dollars, two 27 hundred two dollars and fifty cents. 28 (5) Annual gross sales of seven hundred fifty thousand 29 dollars or more, three hundred three dollars and seventy-five 30 cents. 31 f. g. For a food processing plant, the annual license fee 32 shall correspond to the annual gross food and beverage sales of 33 the food processing plant, as follows: 34 (1) Annual gross sales of under fifty less than two hundred 35 -10- LSB 2285SS (2) 86 ad/nh 10/ 15

S.F. 265 thousand dollars, sixty-seven dollars and fifty cents one 1 hundred fifty dollars . 2 (2) Annual gross sales of at least fifty two hundred 3 thousand dollars but less than two hundred fifty thousand 4 million dollars, one hundred thirty-five dollars three hundred 5 dollars . 6 (3) Annual gross sales of at least two hundred fifty 7 thousand million dollars but less than five hundred thousand 8 dollars, two hundred two dollars and fifty cents or more, five 9 hundred dollars . 10 (4) Annual gross sales of five hundred thousand dollars or 11 more, three hundred thirty-seven dollars and fifty cents. 12 g. h. For a farmers market where potentially hazardous 13 time/temperature control for safety food is sold or 14 distributed, one annual license fee of one hundred fifty 15 dollars for each vendor on a countywide basis. 16 i. For a school, three hundred dollars for a production 17 kitchen and two hundred dollars for a serving site. 18 j. For a certificate of free sale or sanitation, thirty-five 19 dollars for the first certificate and ten dollars for each 20 additional identical certificate requested at the same time. 21 h. k. For a food establishment covered by both paragraphs 22 “d” “e” and “e” “f” , the license fees assessed shall be an 23 amount not to exceed seventy-five percent of the total fees 24 applicable under both paragraphs applicant shall pay the 25 licensee fee based on the dominant form of business plus one 26 hundred fifty dollars . 27 Sec. 23. Section 137F.6, subsection 2, Code 2015, is amended 28 by striking the subsection. 29 Sec. 24. Section 137F.10, Code 2015, is amended to read as 30 follows: 31 137F.10 Regular inspections. 32 The appropriate regulatory authority shall provide for the 33 inspection of each food establishment and food processing plant 34 in this state in accordance with this chapter and with rules 35 -11- LSB 2285SS (2) 86 ad/nh 11/ 15

S.F. 265 adopted pursuant to this chapter in accordance with chapter 1 17A . A regulatory authority may enter a food establishment 2 or food processing plant at any reasonable hour to conduct 3 an inspection. The manager or person in charge of the food 4 establishment or food processing plant shall afford free 5 access to every part of the premises and render all aid and 6 assistance necessary to enable the regulatory authority to make 7 a thorough and complete inspection. As part of the inspection 8 process, the regulatory authority shall provide an explanation 9 of the violation or violations cited and provide guidance as 10 to actions for correction and elimination of the violation 11 or violations. The regulatory authority shall document the 12 violations as it deems appropriate. A food establishment or 13 food processing plant being inspected pursuant to this section 14 shall provide the regulatory authority with access to records 15 necessary to determine compliance with this chapter and rules 16 adopted pursuant to this chapter. The regulatory authority may 17 take food or environmental samples as necessary to determine 18 compliance with this chapter and rules adopted pursuant to this 19 chapter. 20 Sec. 25. Section 137F.11, Code 2015, is amended to read as 21 follows: 22 137F.11 Inspection upon complaint. 23 Upon receipt of a complaint by a customer of a food 24 establishment or food processing plant stating facts indicating 25 the premises are in an unsanitary condition of a food 26 establishment or food processing plant are not in compliance 27 with this chapter or the rules adopted pursuant to this 28 chapter , the regulatory authority may conduct an inspection. 29 The regulatory authority shall keep the name of the person 30 making the complaint confidential upon that person’s request. 31 Sec. 26. REPEAL. Section 137F.17, Code 2015, is repealed. 32 EXPLANATION 33 The inclusion of this explanation does not constitute agreement with 34 the explanation’s substance by the members of the general assembly. 35 -12- LSB 2285SS (2) 86 ad/nh 12/ 15

S.F. 265 This bill relates to food and consumer safety by changing 1 requirements for the hotel sanitation, home food establishment, 2 food establishment and food processing plants Code chapters. 3 Division I of the bill changes the information the local 4 board of health responsible for enforcing the Iowa hotel 5 sanitation code is required to provide to the director of 6 the department of inspections and appeals regarding the 7 hotel licenses granted in the year. The division requires a 8 regulatory authority, meaning the department of inspections and 9 appeals or a local board of health, in conducting inspections 10 of hotels to do so in accordance with rules adopted by the 11 department of inspections and appeals. The division provides 12 that licensees may be subject to a penalty of 10 percent of 13 the license fee per month rather than a flat 10 percent upon 14 failure to renew a license on or before the expiration date. 15 The division also changes the license fee schedule for hotel 16 licenses. The division provides that if anyone, rather than 17 just a guest of a hotel, files a complaint that the premises 18 is unsanitary, the regulatory authority must conduct an 19 inspection. 20 Division II of the bill changes the term “home food 21 establishment” to “home bakery”. The division provides that 22 the term “prepared food” for purposes of the home bakeries 23 Code chapter means baked goods that are time and temperature 24 controlled for food safety rather than hazardous baked goods. 25 The division increases the fee for a home bakery license from 26 $33.75 to $50. 27 Division III of the bill relates to food establishments 28 and food processing plants. The division eliminates a food 29 service operation in the Iowa juvenile home from the definition 30 of food establishment. The division adds a definition for 31 “time/temperature control for safety food” and replaces 32 references to potentially hazardous food with this phrase. 33 The division defines the term “event” as a significant 34 occurrence or happening sponsored by a civic, business, 35 -13- LSB 2285SS (2) 86 ad/nh 13/ 15

S.F. 265 educational, governmental, community, or veterans organization 1 and may include athletic contests. The division modifies 2 the definitions of “vending machine” and “vending machine 3 location”. 4 The division eliminates the annual report a municipal 5 corporation responsible for enforcing the food establishments 6 and food processing plants Code chapter must provide the 7 director of inspections and appeals, but requires the municipal 8 corporation to use the data system prescribed by the director. 9 The division requires a food establishment or food 10 processing plant seeking licensure under the Code chapter to 11 renew prior to the time of the expiration of licensure or 12 within 60 days of the expiration date. 13 The division adds a $250 general application fee 14 for licensure under the Code chapter. This general 15 application fee does not apply to farmers markets, temporary 16 food establishments for a single event, temporary food 17 establishments for multiple nonconcurrent events, or vending 18 machines. However, the division requires a person conducting 19 an event to submit an application and a $50 application fee 20 to the appropriate regulatory authority 60 days prior to the 21 event. For purposes of this application and application fee, 22 an “event” does not include a fair as defined in Code section 23 174.1 or a farmers market with 10 or more temporary food 24 establishments. 25 The division changes the license fee schedule for mobile 26 food units or pushcarts, temporary food establishments 27 per fixed location for a single event, temporary food 28 establishments for multiple nonconcurrent events, vending 29 machines, food establishments which prepare or serve food for 30 individual portion service intended for consumption on the 31 premises, food establishments which sell food or food products 32 intended for consumption off the premises, food processing 33 plants, and farmers markets. The division adds new categories 34 of license fees for schools with production kitchens or serving 35 -14- LSB 2285SS (2) 86 ad/nh 14/ 15

S.F. 265 sites and for certificates of free sale or sanitation. 1 The division provides that the regulatory authority 2 must document violations during regular inspections as it 3 deems appropriate. The division also states that a food 4 establishment or food processing plant being inspected shall 5 provide the regulatory authority access to records necessary to 6 determine compliance and the regulatory authority may take food 7 or environmental samples. 8 The division provides that if any person, rather than 9 a customer, files a complaint that the premises of a food 10 establishment or food processing plant are not in compliance 11 with the food establishments and food processing plants Code 12 chapter, the regulatory authority may conduct an inspection. 13 The bill allows the person filing the complaint to keep their 14 name confidential. 15 The division repeals the Code section subjecting persons in 16 violation of the food establishments and food processing plants 17 Code chapter to a $100 penalty. 18 -15- LSB 2285SS (2) 86 ad/nh 15/ 15