Senate
File
2390
-
Introduced
SENATE
FILE
2390
BY
COMMITTEE
ON
WAYS
AND
MEANS
(SUCCESSOR
TO
SSB
1169)
A
BILL
FOR
An
Act
relating
to
licensure
and
regulation
for
the
hotel
1
sanitation
code,
home
bakeries,
and
food
establishments
and
2
food
processing
plants,
modifying
fees
and
penalties,
and
3
including
effective
date
provisions.
4
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
5
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DIVISION
I
1
HOTEL
SANITATION
CODE
2
Section
1.
Section
137C.6,
subsection
3,
paragraph
b,
Code
3
2018,
is
amended
by
striking
the
paragraph.
4
Sec.
2.
Section
137C.7,
Code
2018,
is
amended
to
read
as
5
follows:
6
137C.7
License
required.
7
No
A
person
shall
not
open
or
operate
a
hotel
until
the
8
regulatory
authority
has
inspected
the
hotel
and
issued
9
a
license
has
been
obtained
from
the
regulatory
authority
10
and
until
the
hotel
has
been
inspected
by
the
regulatory
11
authority
to
the
person
.
The
regulatory
authority
shall
12
conduct
inspections
in
accordance
with
standards
adopted
by
13
the
department
by
rule
pursuant
to
chapter
17A.
Each
license
14
shall
expire
one
year
from
the
date
of
issue.
A
license
is
15
renewable.
All
licenses
issued
under
the
Iowa
hotel
sanitation
16
code
this
chapter
that
are
not
renewed
by
the
licensee
on
or
17
before
the
expiration
date
shall
be
subject
to
a
penalty
of
ten
18
percent
of
the
license
fee
per
month
if
the
license
is
renewed
19
at
a
later
date.
A
license
is
not
transferable.
20
Sec.
3.
Section
137C.9,
subsection
1,
Code
2018,
is
amended
21
to
read
as
follows:
22
1.
Either
the
department
or
the
municipal
corporation
shall
23
collect
the
following
annual
license
fees:
24
a.
For
a
hotel
containing
fifteen
thirty
guest
rooms
or
25
less,
twenty-seven
fifty
dollars.
26
b.
For
a
hotel
containing
more
than
fifteen
thirty
but
less
27
than
thirty-one
one
hundred
one
guest
rooms,
forty
dollars
and
28
fifty
cents
one
hundred
dollars
.
29
c.
For
a
hotel
containing
more
than
thirty
but
less
than
30
seventy-six
one
hundred
one
guest
rooms,
fifty-four
one
hundred
31
fifty
dollars.
32
d.
For
a
hotel
containing
more
than
seventy-five
but
less
33
than
one
hundred
fifty
guest
rooms,
fifty-seven
dollars
and
34
fifty
cents.
35
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e.
For
a
hotel
containing
one
hundred
fifty
or
more
guest
1
rooms,
one
hundred
one
dollars
and
twenty-five
cents.
2
DIVISION
II
3
HOME
BAKERIES
4
Sec.
4.
Section
137D.2,
subsection
1,
Code
2018,
is
amended
5
to
read
as
follows:
6
1.
A
person
shall
not
open
or
operate
a
home
bakery
7
until
a
license
has
been
obtained
from
the
department
of
8
inspections
and
appeals.
The
department
shall
collect
a
fee
9
of
thirty-three
fifty
dollars
and
seventy-five
cents
for
a
10
license.
After
collection,
the
fees
shall
be
deposited
in
the
11
general
fund
of
the
state.
A
license
shall
expire
one
year
12
from
date
of
issue.
A
license
is
renewable.
13
DIVISION
III
14
FOOD
ESTABLISHMENTS
AND
FOOD
PROCESSING
PLANTS
15
Sec.
5.
Section
137F.1,
Code
2018,
is
amended
by
adding
the
16
following
new
subsections:
17
NEW
SUBSECTION
.
4A.
“Event”
means
a
significant
occurrence
18
or
happening
sponsored
by
a
civic,
business,
educational,
19
governmental,
community,
or
veterans
organization
and
may
20
include
an
athletic
contest.
21
NEW
SUBSECTION
.
15A.
“Time/temperature
control
for
safety
22
food”
means
a
food
that
requires
time
and
temperature
controls
23
for
safety
to
limit
pathogenic
microorganism
growth
or
toxin
24
formation.
25
Sec.
6.
Section
137F.1,
subsection
7,
unnumbered
paragraph
26
1,
Code
2018,
is
amended
to
read
as
follows:
27
“Food
establishment”
means
an
operation
that
stores,
28
prepares,
packages,
serves,
vends,
or
otherwise
provides
food
29
for
human
consumption
and
includes
a
food
service
operation
30
in
a
salvage
or
distressed
food
operation,
school,
summer
31
camp,
residential
service
substance
abuse
treatment
facility,
32
halfway
house
substance
abuse
treatment
facility,
correctional
33
facility
operated
by
the
department
of
corrections,
or
the
34
state
training
school
,
or
the
Iowa
juvenile
home
.
“Food
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establishment”
does
not
include
the
following:
1
Sec.
7.
Section
137F.1,
subsection
7,
paragraphs
b,
e,
and
2
f,
Code
2018,
are
amended
to
read
as
follows:
3
b.
An
establishment
that
offers
only
prepackaged
foods
that
4
are
nonpotentially
hazardous
not
time/temperature
control
for
5
safety
foods
.
6
e.
Premises
where
a
person
operates
a
farmers
market,
if
7
potentially
hazardous
food
is
time/temperature
control
for
8
safety
foods
are
not
sold
or
distributed
from
the
premises.
9
f.
Premises
of
a
residence
in
which
food
that
is
10
nonpotentially
hazardous
not
a
time/temperature
control
for
11
safety
food
is
sold
for
consumption
off
the
premises
to
a
12
consumer
customer,
if
the
food
is
labeled
to
identify
the
name
13
and
address
of
the
person
preparing
the
food
and
the
common
14
name
of
the
food.
15
Sec.
8.
Section
137F.1,
subsections
11
and
12,
Code
2018,
16
are
amended
by
striking
the
subsections.
17
Sec.
9.
Section
137F.1,
subsections
13,
15,
16,
and
17,
Code
18
2018,
are
amended
to
read
as
follows:
19
13.
“Pushcart”
means
a
non-self-propelled
vehicle
food
20
establishment
limited
to
serving
nonpotentially
hazardous
foods
21
foods
that
are
not
time/temperature
control
for
safety
foods
or
22
commissary-wrapped
foods
maintained
at
proper
temperatures,
or
23
limited
to
the
preparation
and
serving
of
frankfurters.
24
15.
“Temporary
food
establishment”
means
a
food
25
establishment
that
operates
for
a
period
of
no
more
than
26
fourteen
consecutive
days
in
conjunction
with
a
single
event
27
or
celebration
.
28
16.
“Vending
machine”
means
a
food
establishment
which
is
29
a
self-service
device
that,
upon
insertion
of
a
coin,
paper
30
currency,
token,
card,
or
key,
or
by
optional
manual
operation,
31
dispenses
unit
servings
of
food
in
bulk
or
in
packages
without
32
the
necessity
of
replenishing
the
device
between
each
vending
33
operation.
34
17.
“Vending
machine
location”
means
the
physical
site
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room,
enclosure,
space,
or
area
where
a
one
or
more
vending
1
machine
is
machines
are
installed
and
operated,
including
the
2
storage
and
servicing
areas
on
the
premises
that
are
used
in
3
conjunction
with
to
service
and
maintain
the
vending
machine.
4
Sec.
10.
Section
137F.3,
subsection
4,
Code
2018,
is
amended
5
to
read
as
follows:
6
4.
A
municipal
corporation
that
is
responsible
for
7
enforcing
this
chapter
within
its
jurisdiction
pursuant
to
an
8
agreement
shall
make
an
annual
report
to
the
director
providing
9
the
following
information:
10
a.
The
total
number
of
licenses
granted
or
renewed
by
the
11
municipal
corporation
under
this
chapter
during
the
year.
12
b.
The
number
of
licenses
granted
or
renewed
by
the
13
municipal
corporation
under
this
chapter
during
the
year
in
14
each
of
the
following
categories:
15
(1)
Food
establishments.
16
(2)
Food
processing
plants.
17
(3)
Mobile
food
units
and
pushcarts.
18
(4)
Temporary
food
establishments.
19
(5)
Vending
machines.
20
c.
The
amount
of
money
collected
in
license
fees
during
the
21
year.
22
d.
The
amount
expended
to
perform
the
functions
required
23
under
the
agreement,
submitted
on
a
form
prescribed
by
the
24
department.
25
e.
Other
information
the
director
requests
use
the
data
26
system
prescribed
by
the
director
for
activities
governed
by
an
27
agreement
executed
pursuant
to
this
section
.
28
Sec.
11.
Section
137F.4,
Code
2018,
is
amended
to
read
as
29
follows:
30
137F.4
License
required.
31
A
person
shall
not
operate
a
food
establishment
or
food
32
processing
plant
to
provide
goods
or
services
to
the
general
33
public,
or
open
a
food
establishment
to
the
general
public,
34
until
the
appropriate
license
has
been
obtained
from
the
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regulatory
authority.
Sale
of
products
at
wholesale
to
outlets
1
not
owned
by
a
commissary
owner
requires
a
food
processing
2
plant
license.
A
license
shall
expire
one
year
from
the
date
3
of
issue.
A
license
is
renewable
if
application
for
renewal
is
4
made
prior
to
expiration
of
the
license
or
within
sixty
days
5
of
the
expiration
date
of
the
license
.
All
licenses
issued
6
under
this
chapter
that
are
not
renewed
by
the
licensee
on
or
7
before
the
expiration
date
shall
be
subject
to
a
penalty
of
ten
8
percent
per
month
of
the
license
fee
if
the
license
is
renewed
9
at
a
later
date.
10
Sec.
12.
Section
137F.5,
Code
2018,
is
amended
to
read
as
11
follows:
12
137F.5
Application
for
license.
13
1.
An
application
form
prescribed
by
the
department
14
for
a
license
under
this
chapter
shall
be
obtained
from
15
the
department
or
from
a
municipal
corporation
which
is
16
a
regulatory
authority.
A
completed
application
shall
be
17
submitted
to
the
appropriate
regulatory
authority.
18
2.
A
person
conducting
an
event
shall
submit
a
license
19
application
and
an
application
fee
of
fifty
dollars
to
the
20
appropriate
regulatory
authority
at
least
sixty
days
in
advance
21
of
the
event.
An
“event”
for
purposes
of
this
subsection
22
does
not
include
a
function
with
ten
or
more
temporary
food
23
establishments,
a
fair
as
defined
in
section
174.1,
or
a
24
farmers
market.
25
2.
3.
The
dominant
form
of
business
shall
determine
the
26
type
of
license
for
establishments
which
engage
in
operations
27
covered
under
both
the
definition
of
a
food
establishment
and
28
of
a
food
processing
plant.
29
3.
4.
The
regulatory
authority
where
the
unit
is
domiciled
30
shall
issue
a
license
for
a
mobile
food
unit.
31
4.
An
application
for
renewal
of
a
license
shall
be
made
32
at
least
thirty
days
before
the
expiration
of
the
existing
33
license.
34
Sec.
13.
Section
137F.6,
subsection
1,
Code
2018,
is
amended
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to
read
as
follows:
1
1.
The
regulatory
authority
shall
collect
the
following
2
annual
license
fees:
3
a.
For
a
mobile
food
unit
or
pushcart,
twenty-seven
two
4
hundred
fifty
dollars.
5
b.
For
a
temporary
food
establishment
per
fixed
location
6
for
a
single
event
,
thirty-three
dollars
and
fifty
cents
fifty
7
dollars
.
8
c.
For
a
temporary
food
establishment
for
multiple
9
nonconcurrent
events
during
a
calendar
year,
one
annual
10
license
fee
of
two
hundred
dollars
for
each
establishment
on
a
11
countywide
basis.
12
c.
d.
For
a
vending
machine,
twenty
fifty
dollars
for
the
13
first
machine
and
five
ten
dollars
for
each
additional
machine.
14
d.
e.
For
a
food
establishment
which
prepares
or
serves
15
food
for
individual
portion
service
intended
for
consumption
16
on-the-premises,
the
annual
license
fee
shall
correspond
to
the
17
annual
gross
food
and
beverage
sales
of
the
food
establishment,
18
as
follows:
19
(1)
Annual
gross
sales
of
under
fifty
less
than
one
hundred
20
thousand
dollars,
sixty-seven
dollars
and
fifty
cents
one
21
hundred
fifty
dollars
.
22
(2)
Annual
gross
sales
of
at
least
fifty
one
hundred
23
thousand
dollars
but
less
than
one
five
hundred
thousand
24
dollars,
one
hundred
fourteen
dollars
and
fifty
cents
three
25
hundred
dollars
.
26
(3)
Annual
gross
sales
of
at
least
one
five
hundred
thousand
27
dollars
but
less
than
two
hundred
fifty
thousand
dollars,
two
28
hundred
thirty-six
dollars
and
twenty-five
cents
or
more,
four
29
hundred
dollars
.
30
(4)
Annual
gross
sales
of
two
hundred
fifty
thousand
dollars
31
but
less
than
five
hundred
thousand
dollars,
two
hundred
32
seventy-five
dollars.
33
(5)
Annual
gross
sales
of
five
hundred
thousand
dollars
or
34
more,
three
hundred
three
dollars
and
seventy-five
cents.
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e.
f.
For
a
food
establishment
which
sells
food
or
food
1
products
to
consumer
customers
intended
for
preparation
or
2
consumption
off-the-premises,
the
annual
license
fee
shall
3
correspond
to
the
annual
gross
food
and
beverage
sales
of
the
4
food
establishment,
as
follows:
5
(1)
Annual
gross
sales
of
under
ten
less
than
two
hundred
6
fifty
thousand
dollars,
forty
dollars
and
fifty
cents
one
7
hundred
fifty
dollars
.
8
(2)
Annual
gross
sales
of
at
least
ten
two
hundred
fifty
9
thousand
dollars
but
less
than
two
seven
hundred
fifty
thousand
10
dollars,
one
hundred
one
dollars
and
twenty-five
cents
three
11
hundred
dollars
.
12
(3)
Annual
gross
sales
of
at
least
two
seven
hundred
fifty
13
thousand
dollars
but
less
than
five
hundred
thousand
dollars,
14
one
hundred
fifty-five
dollars
and
twenty-five
cents
or
more,
15
four
hundred
dollars
.
16
(4)
Annual
gross
sales
of
at
least
five
hundred
thousand
17
dollars
but
less
than
seven
hundred
fifty
thousand
dollars,
two
18
hundred
two
dollars
and
fifty
cents.
19
(5)
Annual
gross
sales
of
seven
hundred
fifty
thousand
20
dollars
or
more,
three
hundred
three
dollars
and
seventy-five
21
cents.
22
f.
g.
For
a
food
processing
plant,
the
annual
license
fee
23
shall
correspond
to
the
annual
gross
food
and
beverage
sales
of
24
the
food
processing
plant,
as
follows:
25
(1)
Annual
gross
sales
of
under
fifty
less
than
two
hundred
26
thousand
dollars,
sixty-seven
dollars
and
fifty
cents
one
27
hundred
fifty
dollars
.
28
(2)
Annual
gross
sales
of
at
least
fifty
two
hundred
29
thousand
dollars
but
less
than
two
hundred
fifty
thousand
30
million
dollars,
one
hundred
thirty-five
three
hundred
dollars.
31
(3)
Annual
gross
sales
of
at
least
two
hundred
fifty
32
thousand
million
dollars
but
less
than
five
hundred
thousand
33
dollars,
two
hundred
two
dollars
and
fifty
cents
or
more,
five
34
hundred
dollars
.
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(4)
Annual
gross
sales
of
five
hundred
thousand
dollars
or
1
more,
three
hundred
thirty-seven
dollars
and
fifty
cents.
2
g.
h.
For
a
farmers
market
where
potentially
hazardous
3
time/temperature
control
for
safety
food
is
sold
or
4
distributed,
one
annual
license
fee
of
one
hundred
fifty
5
dollars
for
each
vendor
on
a
countywide
basis.
6
i.
For
a
school
participating
in
the
United
States
7
department
of
agriculture’s
nutrition
programs
including
8
the
national
school
lunch
program
and
the
school
breakfast
9
program,
three
hundred
dollars
for
a
production
kitchen
and
two
10
hundred
dollars
for
a
serving
site.
For
a
school
with
both
a
11
production
kitchen
and
a
serving
site,
two
hundred
dollars.
12
j.
For
a
certificate
of
free
sale
or
sanitation,
thirty-five
13
dollars
for
the
first
certificate
and
ten
dollars
for
each
14
additional
identical
certificate
requested
at
the
same
time.
15
h.
k.
For
a
food
establishment
covered
by
both
paragraphs
16
“d”
“e”
and
“e”
“f”
,
the
license
fees
assessed
shall
be
an
17
amount
not
to
exceed
seventy-five
percent
of
the
total
fees
18
applicable
under
both
paragraphs
applicant
shall
pay
the
19
licensee
fee
based
on
the
dominant
form
of
business
plus
one
20
hundred
fifty
dollars
.
21
l.
For
an
unattended
food
establishment,
the
annual
license
22
fee
shall
correspond
to
the
annual
gross
food
and
beverage
23
sales,
as
follows:
24
(1)
Annual
gross
sales
of
less
than
one
hundred
thousand
25
dollars,
seventy-five
dollars.
26
(2)
Annual
gross
sales
of
one
hundred
thousand
dollars
or
27
more,
one
hundred
fifty
dollars.
28
Sec.
14.
Section
137F.6,
subsection
2,
Code
2018,
is
amended
29
by
striking
the
subsection.
30
Sec.
15.
REPEAL.
Section
137F.17,
Code
2018,
is
repealed.
31
DIVISION
IV
32
EFFECTIVE
DATE
33
Sec.
16.
EFFECTIVE
DATE.
This
Act
takes
effect
January
1,
34
2019.
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EXPLANATION
1
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
2
the
explanation’s
substance
by
the
members
of
the
general
assembly.
3
This
bill
relates
to
food
and
consumer
safety
by
changing
4
requirements
for
the
hotel
sanitation,
home
bakeries,
and
food
5
establishment
and
food
processing
plants
Code
chapters.
6
Division
I
of
the
bill
removes
the
requirement
that
a
local
7
board
of
health
responsible
for
enforcing
the
Iowa
hotel
8
sanitation
code
provide
to
the
director
of
the
department
9
of
inspections
and
appeals
information
regarding
the
hotel
10
licenses
granted
in
the
year.
The
division
requires
a
11
regulatory
authority,
meaning
the
department
of
inspections
and
12
appeals
or
a
local
board
of
health,
in
conducting
inspections
13
of
hotels
to
do
so
in
accordance
with
rules
adopted
by
the
14
department
of
inspections
and
appeals.
The
division
provides
15
that
licensees
may
be
subject
to
a
penalty
of
10
percent
of
16
the
license
fee
per
month
rather
than
a
flat
10
percent
upon
17
failure
to
renew
a
license
on
or
before
the
expiration
date.
18
The
division
also
changes
the
license
fee
schedule
for
hotel
19
licenses.
20
Division
II
of
the
bill
increases
the
annual
license
fee
for
21
a
home
bakery
from
$33.75
to
$50.
22
Division
III
of
the
bill
relates
to
food
establishments
23
and
food
processing
plants.
The
division
eliminates
a
food
24
service
operation
in
the
Iowa
juvenile
home
from
the
definition
25
of
food
establishment.
The
division
adds
a
definition
for
26
“time/temperature
control
for
safety
food”
and
replaces
27
references
to
potentially
hazardous
food
with
this
phrase.
28
The
division
defines
the
term
“event”
as
a
significant
29
occurrence
or
happening
sponsored
by
a
civic,
business,
30
educational,
governmental,
community,
or
veterans
organization
31
and
may
include
athletic
contests.
The
division
modifies
32
the
definitions
of
“vending
machine”
and
“vending
machine
33
location”.
34
The
division
eliminates
the
annual
report
a
municipal
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corporation
responsible
for
enforcing
the
food
establishments
1
and
food
processing
plants
Code
chapter
must
provide
the
2
director
of
inspections
and
appeals,
but
requires
the
municipal
3
corporation
to
use
the
data
system
prescribed
by
the
director.
4
The
division
requires
a
food
establishment
or
food
5
processing
plant
seeking
licensure
under
the
Code
chapter
to
6
renew
prior
to
the
time
of
the
expiration
of
licensure
or
7
within
60
days
of
the
expiration
date.
8
The
division
adds
a
$200
general
application
fee
9
for
licensure
under
the
Code
chapter.
This
general
10
application
fee
does
not
apply
to
farmers
markets,
temporary
11
food
establishments
for
a
single
event,
temporary
food
12
establishments
for
multiple
nonconcurrent
events,
or
vending
13
machines.
However,
the
division
requires
a
person
conducting
14
an
event
to
submit
an
application
and
a
$50
application
fee
15
to
the
appropriate
regulatory
authority
60
days
prior
to
the
16
event.
For
purposes
of
this
application
and
application
17
fee,
an
“event”
does
not
include
a
function
with
10
or
more
18
temporary
food
establishments,
a
fair
as
defined
in
Code
19
section
174.1,
or
a
farmers
market.
20
The
division
changes
the
license
fee
schedule
for
mobile
21
food
units
or
pushcarts,
temporary
food
establishments
22
per
fixed
location
for
a
single
event,
temporary
food
23
establishments
for
multiple
nonconcurrent
events,
vending
24
machines,
food
establishments
which
prepare
or
serve
food
for
25
individual
portion
service
intended
for
consumption
on
the
26
premises,
food
establishments
which
sell
food
or
food
products
27
intended
for
consumption
off
the
premises,
food
processing
28
plants,
and
farmers
markets.
The
division
adds
new
categories
29
of
license
fees
for
schools
with
production
kitchens
or
serving
30
sites,
for
unattended
food
establishments,
and
for
certificates
31
of
free
sale
or
sanitation.
32
The
division
repeals
the
Code
section
subjecting
persons
in
33
violation
of
the
food
establishments
and
food
processing
plants
34
Code
chapter
to
a
$100
penalty.
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The
bill
takes
effect
January
1,
2019.
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