S.F. 303 DIVISION I 1 HOTEL SANITATION CODE 2 Section 1. Section 137C.6, subsection 3, paragraph b, Code 3 2017, is amended by striking the paragraph. 4 Sec. 2. Section 137C.7, Code 2017, 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 2017, 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 -1- LSB 2427XS (4) 87 tr/nh 1/ 12

S.F. 303 e. For a hotel containing one hundred fifty or more guest 1 rooms, one hundred one dollars and twenty-five cents. 2 Sec. 4. Section 137C.12, Code 2017, is amended to read as 3 follows: 4 137C.12 Inspection upon complaint. 5 Upon receipt of a verified complaint signed by a guest of a 6 hotel and stating facts indicating the place is premises of a 7 hotel are in an insanitary unsanitary condition, the regulatory 8 authority shall conduct an inspection. 9 DIVISION II 10 FOOD ESTABLISHMENTS AND FOOD PROCESSING PLANTS 11 Sec. 5. Section 137F.1, Code 2017, is amended by adding the 12 following new subsections: 13 NEW SUBSECTION . 4A. “Event” means a significant occurrence 14 or happening sponsored by a civic, business, educational, 15 governmental, community, or veterans organization and may 16 include an athletic contest. 17 NEW SUBSECTION . 15A. “Time/temperature control for safety 18 food” means a food that requires time and temperature controls 19 for safety to limit pathogenic microorganism growth or toxin 20 formation. 21 Sec. 6. Section 137F.1, subsection 7, unnumbered paragraph 22 1, Code 2017, is amended to read as follows: 23 “Food establishment” means an operation that stores, 24 prepares, packages, serves, vends, or otherwise provides food 25 for human consumption and includes a food service operation 26 in a salvage or distressed food operation, school, summer 27 camp, residential service substance abuse treatment facility, 28 halfway house substance abuse treatment facility, correctional 29 facility operated by the department of corrections, or the 30 state training school , or the Iowa juvenile home . “Food 31 establishment” does not include the following: 32 Sec. 7. Section 137F.1, subsection 7, paragraphs b, e, and 33 f, Code 2017, are amended to read as follows: 34 b. An establishment that offers only prepackaged foods that 35 -2- LSB 2427XS (4) 87 tr/nh 2/ 12

S.F. 303 are nonpotentially hazardous not time/temperature control for 1 safety foods . 2 e. Premises where a person operates a farmers market, if 3 potentially hazardous food is time/temperature control for 4 safety foods are not sold or distributed from the premises. 5 f. Premises of a residence in which food that is 6 nonpotentially hazardous not a time/temperature control for 7 safety food is sold for consumption off the premises to a 8 consumer customer, if the food is labeled to identify the name 9 and address of the person preparing the food and the common 10 name of the food. 11 Sec. 8. Section 137F.1, subsections 11 and 12, Code 2017, 12 are amended by striking the subsections. 13 Sec. 9. Section 137F.1, subsections 13, 15, 16, and 17, Code 14 2017, are amended to read as follows: 15 13. “Pushcart” means a non-self-propelled vehicle food 16 establishment limited to serving nonpotentially hazardous foods 17 foods that are not time/temperature control for safety foods or 18 commissary-wrapped foods maintained at proper temperatures, or 19 limited to the preparation and serving of frankfurters. 20 15. “Temporary food establishment” means a food 21 establishment that operates for a period of no more than 22 fourteen consecutive days in conjunction with a single event 23 or celebration . 24 16. “Vending machine” means a food establishment which is 25 a self-service device that, upon insertion of a coin, paper 26 currency, token, card, or key, or by optional manual operation, 27 dispenses unit servings of food in bulk or in packages without 28 the necessity of replenishing the device between each vending 29 operation. 30 17. “Vending machine location” means the physical site 31 room, enclosure, space, or area where a one or more vending 32 machine is machines are installed and operated, including the 33 storage and servicing areas on the premises that are used in 34 conjunction with to service and maintain the vending machine. 35 -3- LSB 2427XS (4) 87 tr/nh 3/ 12

S.F. 303 Sec. 10. Section 137F.3, subsection 4, Code 2017, is amended 1 to read as follows: 2 4. A municipal corporation that is responsible for 3 enforcing this chapter within its jurisdiction pursuant to an 4 agreement shall make an annual report to the director providing 5 the following information: 6 a. The total number of licenses granted or renewed by the 7 municipal corporation under this chapter during the year. 8 b. The number of licenses granted or renewed by the 9 municipal corporation under this chapter during the year in 10 each of the following categories: 11 (1) Food establishments. 12 (2) Food processing plants. 13 (3) Mobile food units and pushcarts. 14 (4) Temporary food establishments. 15 (5) Vending machines. 16 c. The amount of money collected in license fees during the 17 year. 18 d. The amount expended to perform the functions required 19 under the agreement, submitted on a form prescribed by the 20 department. 21 e. Other information the director requests use the data 22 system prescribed by the director for activities governed by an 23 agreement executed pursuant to this section . 24 Sec. 11. Section 137F.4, Code 2017, is amended to read as 25 follows: 26 137F.4 License required. 27 A person shall not operate a food establishment or food 28 processing plant to provide goods or services to the general 29 public, or open a food establishment to the general public, 30 until the appropriate license has been obtained from the 31 regulatory authority. Sale of products at wholesale to outlets 32 not owned by a commissary owner requires a food processing 33 plant license. A license shall expire one year from the date 34 of issue. A license is renewable if application for renewal is 35 -4- LSB 2427XS (4) 87 tr/nh 4/ 12

S.F. 303 made prior to expiration of the license or within sixty days 1 of the expiration date of the license . All licenses issued 2 under this chapter that are not renewed by the licensee on or 3 before the expiration date shall be subject to a penalty of ten 4 percent per month of the license fee if the license is renewed 5 at a later date. 6 Sec. 12. Section 137F.5, Code 2017, is amended to read as 7 follows: 8 137F.5 Application for license. 9 1. An application form prescribed by the department 10 for a license under this chapter shall be obtained from 11 the department or from a municipal corporation which is 12 a regulatory authority. A completed application and an 13 application fee of two hundred dollars shall be submitted 14 to the appropriate regulatory authority. However, an 15 application for a license for a farmers market, temporary food 16 establishment for a single event, temporary food establishment 17 for multiple nonconcurrent events, or vending machine is exempt 18 from the application fee requirement under this subsection. 19 2. A person conducting an event shall submit a license 20 application and an application fee of fifty dollars to the 21 appropriate regulatory authority at least sixty days in advance 22 of the event. An “event” for purposes of this subsection 23 does not include a function with ten or more temporary food 24 establishments, a fair as defined in section 174.1, or a 25 farmers market. 26 3. The dominant form of business shall determine the type of 27 license for establishments which engage in operations covered 28 under both the definition of a food establishment and of a food 29 processing plant. 30 4. The regulatory authority where the unit is domiciled 31 shall issue a license for a mobile food unit. 32 An application for renewal of a license shall be made 33 at least thirty days before the expiration of the existing 34 license. 35 -5- LSB 2427XS (4) 87 tr/nh 5/ 12

S.F. 303 Sec. 13. Section 137F.6, subsection 1, Code 2017, is amended 1 to read as follows: 2 1. The regulatory authority shall collect the following 3 annual license fees: 4 a. For a mobile food unit or pushcart, twenty-seven two 5 hundred fifty dollars. 6 b. For a temporary food establishment per fixed location 7 for a single event , thirty-three dollars and fifty cents fifty 8 dollars . 9 c. For a temporary food establishment for multiple 10 nonconcurrent events during a calendar year, one annual 11 license fee of two hundred dollars for each establishment on a 12 countywide basis. 13 c. d. For a vending machine, twenty fifty dollars for the 14 first machine and five ten dollars for each additional machine. 15 d. e. For a food establishment which prepares or serves 16 food for individual portion service intended for consumption 17 on-the-premises, the annual license fee shall correspond to the 18 annual gross food and beverage sales of the food establishment, 19 as follows: 20 (1) Annual gross sales of under fifty less than one hundred 21 thousand dollars, sixty-seven dollars and fifty cents one 22 hundred fifty dollars . 23 (2) Annual gross sales of at least fifty one hundred 24 thousand dollars but less than one five hundred thousand 25 dollars, one hundred fourteen dollars and fifty cents three 26 hundred dollars . 27 (3) Annual gross sales of at least one five hundred thousand 28 dollars but less than two hundred fifty thousand dollars, two 29 hundred thirty-six dollars and twenty-five cents or more, four 30 hundred dollars . 31 (4) Annual gross sales of two hundred fifty thousand dollars 32 but less than five hundred thousand dollars, two hundred 33 seventy-five dollars. 34 (5) Annual gross sales of five hundred thousand dollars or 35 -6- LSB 2427XS (4) 87 tr/nh 6/ 12

S.F. 303 more, three hundred three dollars and seventy-five cents. 1 e. f. For a food establishment which sells food or food 2 products to consumer customers intended for preparation or 3 consumption off-the-premises, the annual license fee shall 4 correspond to the annual gross food and beverage sales of the 5 food establishment, as follows: 6 (1) Annual gross sales of under ten less than two hundred 7 fifty thousand dollars, forty dollars and fifty cents one 8 hundred fifty dollars . 9 (2) Annual gross sales of at least ten two hundred fifty 10 thousand dollars but less than two seven hundred fifty thousand 11 dollars, one hundred one dollars and twenty-five cents three 12 hundred dollars . 13 (3) Annual gross sales of at least two seven hundred fifty 14 thousand dollars but less than five hundred thousand dollars, 15 one hundred fifty-five dollars and twenty-five cents or more, 16 four hundred dollars . 17 (4) Annual gross sales of at least five hundred thousand 18 dollars but less than seven hundred fifty thousand dollars, two 19 hundred two dollars and fifty cents. 20 (5) Annual gross sales of seven hundred fifty thousand 21 dollars or more, three hundred three dollars and seventy-five 22 cents. 23 f. g. For a food processing plant, the annual license fee 24 shall correspond to the annual gross food and beverage sales of 25 the food processing plant, as follows: 26 (1) Annual gross sales of under fifty less than two hundred 27 thousand dollars, sixty-seven dollars and fifty cents one 28 hundred fifty dollars . 29 (2) Annual gross sales of at least fifty two hundred 30 thousand dollars but less than two hundred fifty thousand 31 million dollars, one hundred thirty-five three hundred dollars. 32 (3) Annual gross sales of at least two hundred fifty 33 thousand million dollars but less than five hundred thousand 34 dollars, two hundred two dollars and fifty cents or more, five 35 -7- LSB 2427XS (4) 87 tr/nh 7/ 12

S.F. 303 hundred dollars . 1 (4) Annual gross sales of five hundred thousand dollars or 2 more, three hundred thirty-seven dollars and fifty cents. 3 g. h. For a farmers market where potentially hazardous 4 time/temperature control for safety food is sold or 5 distributed, one annual license fee of one hundred fifty 6 dollars for each vendor on a countywide basis. 7 i. For a school, three hundred dollars for a production 8 kitchen and two hundred dollars for a serving site. 9 j. For a certificate of free sale or sanitation, thirty-five 10 dollars for the first certificate and ten dollars for each 11 additional identical certificate requested at the same time. 12 h. k. For a food establishment covered by both paragraphs 13 “d” “e” and “e” “f” , the license fees assessed shall be an 14 amount not to exceed seventy-five percent of the total fees 15 applicable under both paragraphs applicant shall pay the 16 licensee fee based on the dominant form of business plus one 17 hundred fifty dollars . 18 l. For an unattended food establishment, the annual license 19 fee shall correspond to the annual gross food and beverage 20 sales, as follows: 21 (1) Annual gross sales of less than one hundred thousand 22 dollars, seventy-five dollars. 23 (2) Annual gross sales of one hundred thousand dollars or 24 more, one hundred fifty dollars. 25 Sec. 14. Section 137F.6, subsection 2, Code 2017, is amended 26 by striking the subsection. 27 Sec. 15. Section 137F.10, Code 2017, is amended to read as 28 follows: 29 137F.10 Regular inspections. 30 The appropriate regulatory authority shall provide for the 31 inspection of each food establishment and food processing plant 32 in this state in accordance with this chapter and with rules 33 adopted pursuant to this chapter in accordance with chapter 34 17A . A regulatory authority may enter a food establishment 35 -8- LSB 2427XS (4) 87 tr/nh 8/ 12

S.F. 303 or food processing plant at any reasonable hour to conduct 1 an inspection. The manager or person in charge of the food 2 establishment or food processing plant shall afford free 3 access to every part of the premises and render all aid and 4 assistance necessary to enable the regulatory authority to make 5 a thorough and complete inspection. As part of the inspection 6 process, the regulatory authority shall provide an explanation 7 of the violation or violations cited and provide guidance as 8 to actions for correction and elimination of the violation 9 or violations. The regulatory authority shall document the 10 violations as it deems appropriate. A food establishment or 11 food processing plant being inspected pursuant to this section 12 shall provide the regulatory authority with access to records 13 necessary to determine compliance with this chapter and rules 14 adopted pursuant to this chapter. The regulatory authority may 15 take food or environmental samples as necessary to determine 16 compliance with this chapter and rules adopted pursuant to this 17 chapter. 18 Sec. 16. Section 137F.11, Code 2017, is amended to read as 19 follows: 20 137F.11 Inspection upon complaint. 21 Upon receipt of a complaint by a customer of a food 22 establishment or food processing plant stating facts indicating 23 the premises are in an unsanitary condition of a food 24 establishment or food processing plant are not in compliance 25 with this chapter or the rules adopted pursuant to this 26 chapter , the regulatory authority may conduct an inspection. 27 The regulatory authority shall keep the name of the person 28 making the complaint confidential upon that person’s request. 29 Sec. 17. REPEAL. Section 137F.17, Code 2017, is repealed. 30 EXPLANATION 31 The inclusion of this explanation does not constitute agreement with 32 the explanation’s substance by the members of the general assembly. 33 This bill relates to food and consumer safety by changing 34 requirements for the hotel sanitation and food establishment 35 -9- LSB 2427XS (4) 87 tr/nh 9/ 12

S.F. 303 and food processing plants Code chapters. 1 Division I of the bill removes the requirement that a local 2 board of health responsible for enforcing the Iowa hotel 3 sanitation code provide to the director of the department 4 of inspections and appeals information regarding the hotel 5 licenses granted in the year. The division requires a 6 regulatory authority, meaning the department of inspections and 7 appeals or a local board of health, in conducting inspections 8 of hotels to do so in accordance with rules adopted by the 9 department of inspections and appeals. The division provides 10 that licensees may be subject to a penalty of 10 percent of 11 the license fee per month rather than a flat 10 percent upon 12 failure to renew a license on or before the expiration date. 13 The division also changes the license fee schedule for hotel 14 licenses. The division provides that if anyone, rather than 15 just a guest of a hotel, files a complaint that the premises 16 is unsanitary, the regulatory authority must conduct an 17 inspection. 18 Division II of the bill relates to food establishments 19 and food processing plants. The division eliminates a food 20 service operation in the Iowa juvenile home from the definition 21 of food establishment. The division adds a definition for 22 “time/temperature control for safety food” and replaces 23 references to potentially hazardous food with this phrase. 24 The division defines the term “event” as a significant 25 occurrence or happening sponsored by a civic, business, 26 educational, governmental, community, or veterans organization 27 and may include athletic contests. The division modifies 28 the definitions of “vending machine” and “vending machine 29 location”. 30 The division eliminates the annual report a municipal 31 corporation responsible for enforcing the food establishments 32 and food processing plants Code chapter must provide the 33 director of inspections and appeals, but requires the municipal 34 corporation to use the data system prescribed by the director. 35 -10- LSB 2427XS (4) 87 tr/nh 10/ 12

S.F. 303 The division requires a food establishment or food 1 processing plant seeking licensure under the Code chapter to 2 renew prior to the time of the expiration of licensure or 3 within 60 days of the expiration date. 4 The division adds a $200 general application fee 5 for licensure under the Code chapter. This general 6 application fee does not apply to farmers markets, temporary 7 food establishments for a single event, temporary food 8 establishments for multiple nonconcurrent events, or vending 9 machines. However, the division requires a person conducting 10 an event to submit an application and a $50 application fee 11 to the appropriate regulatory authority 60 days prior to the 12 event. For purposes of this application and application 13 fee, an “event” does not include a function with 10 or more 14 temporary food establishments, a fair as defined in Code 15 section 174.1, or a farmers market. 16 The division changes the license fee schedule for mobile 17 food units or pushcarts, temporary food establishments 18 per fixed location for a single event, temporary food 19 establishments for multiple nonconcurrent events, vending 20 machines, food establishments which prepare or serve food for 21 individual portion service intended for consumption on the 22 premises, food establishments which sell food or food products 23 intended for consumption off the premises, food processing 24 plants, and farmers markets. The division adds new categories 25 of license fees for schools with production kitchens or serving 26 sites, for unattended food establishments, and for certificates 27 of free sale or sanitation. 28 The division provides that the regulatory authority 29 must document violations during regular inspections as it 30 deems appropriate. The division also states that a food 31 establishment or food processing plant being inspected shall 32 provide the regulatory authority access to records necessary to 33 determine compliance and the regulatory authority may take food 34 or environmental samples. 35 -11- LSB 2427XS (4) 87 tr/nh 11/ 12

S.F. 303 The division provides that if any person, rather than 1 a customer, files a complaint that the premises of a food 2 establishment or food processing plant are not in compliance 3 with the food establishments and food processing plants Code 4 chapter, the regulatory authority may conduct an inspection. 5 The bill allows the person filing the complaint to keep their 6 name confidential. 7 The division repeals the Code section subjecting persons in 8 violation of the food establishments and food processing plants 9 Code chapter to a $100 penalty. 10 -12- LSB 2427XS (4) 87 tr/nh 12/ 12