H.F. 638 Section 1. Section 10A.104, subsection 11, Code 2021, is 1 amended to read as follows: 2 11. Administer inspections and licensing of hotels and home 3 bakeries food establishments . 4 Sec. 2. Section 137D.1, Code 2021, is amended to read as 5 follows: 6 137D.1 Definitions. 7 As used in this chapter unless the context otherwise 8 requires: 9 1. “Food” means any raw, cooked, or processed edible 10 substance, ice, beverage, or ingredient used or intended 11 for use or sale in whole or in part for human consumption 12 “Delivered” means transferred to the consumer, either 13 immediately upon sale or at a time thereafter . 14 2. “Department” means the department of inspections and 15 appeals. 16 3. “Home bakery” “Home food establishment” means a business 17 on the premises of a residence in which prepared homemade 18 food is created for sale or resale, for consumption off the 19 premises, if the business has gross annual sales of prepared 20 food of less than thirty-five thousand dollars. However, “home 21 bakery” does not include a residence in which food is prepared 22 to be used or sold by churches, fraternal societies, charitable 23 organizations, or civic organizations items are prepared for 24 sale under this chapter . 25 4. “Prepared food” “Homemade food item” means soft pies, 26 bakery products with a custard or cream filling, or baked 27 goods that are a time/temperature control for safety food. 28 “Prepared food” does not include baked goods that are not a 29 time/temperature control for safety food, including but not 30 limited to breads, fruit pies, cakes, or other pastries that 31 are not a time/temperature control for safety food a food item, 32 including a nonalcoholic beverage, which is produced and, if 33 packaged, packaged at a home food establishment . 34 5. “Time/temperature control for safety food” means a 35 -1- LSB 1948YH (6) 89 ss/rn 1/ 5

H.F. 638 food that requires time and temperature controls for safety 1 to limit pathogenic microorganism growth or toxin formation 2 “Nonpotentially hazardous” means food that does not require 3 time/temperature control for safety to limit pathogenic 4 organism growth or toxin formation . 5 6. “Potentially hazardous” means food that requires 6 time/temperature control for safety to limit pathogenic 7 organism growth or toxin formation. 8 7. “Produce” means to prepare a food item by cooking, 9 baking, drying, mixing, cutting, fermenting, preserving, 10 dehydrating, growing, raising, or other process. 11 8. “Producer” means a person who produces a homemade food 12 item in a home food establishment. 13 9. “Seller” means a person who sells a homemade food item 14 to a consumer. 15 Sec. 3. Section 137D.2, Code 2021, is amended by striking 16 the section and inserting in lieu thereof the following: 17 137D.2 Home food establishments —— exemptions. 18 1. A home food establishment may produce a homemade 19 food item without complying with any licensing, permitting, 20 inspection, packaging, or labeling laws of the state or a 21 political subdivision of the state, provided that the home food 22 establishment meets all of the following requirements: 23 a. (1) For a nonpotentially hazardous homemade food item, 24 the homemade food item is sold and delivered by the seller to 25 the consumer, whether in person or remotely. 26 (2) For a potentially hazardous homemade food item, the 27 homemade food item is sold by the producer to the consumer, 28 either in person or remotely, and delivered by the producer to 29 the consumer in person. 30 b. The following information is provided to the consumer as 31 provided in paragraph “c” : 32 (1) The name, home or post office box address, and telephone 33 number of the home food establishment that produced the 34 homemade food item. 35 -2- LSB 1948YH (6) 89 ss/rn 2/ 5

H.F. 638 (2) The common or usual name of the homemade food item. 1 (3) The ingredients of the homemade food item in descending 2 order of predominance. 3 (4) The following statement: 4 This product was produced by a home food establishment that is 5 exempt from state licensing laws and inspection. This product 6 may contain allergens. 7 c. The information required by paragraph “b” shall be 8 provided in one of the following manners: 9 (1) On a label affixed to the package, if the homemade food 10 item is packaged. 11 (2) On a label affixed to the container, if the homemade 12 food item is offered for sale from a bulk container. 13 (3) On a placard displayed at the point of sale, if the 14 homemade food item is neither packaged nor offered for sale 15 from a bulk container. 16 (4) On the internet site on which the homemade food item is 17 offered for sale, if the homemade food item is offered for sale 18 on the internet. 19 (5) Orally, if the homemade food item is sold by telephone 20 or custom order, provided that the information shall also be 21 made readily available to the consumer upon delivery. 22 d. The homemade food item must not be meat, meat byproduct, 23 meat food product, poultry, poultry byproduct, or poultry 24 food product as those terms are defined in the federal Meat 25 Inspection Act, as amended, 21 U.S.C. §601 et seq., or the 26 federal Poultry Products Inspection Act, as amended, 21 U.S.C. 27 §451 et seq., unless the production and sale of the item is 28 within an exemption in 9 C.F.R. §303.1(d), §381.10(c), or 29 §381.10(d), and the home food establishment complies with other 30 applicable federal regulations. 31 2. This section does not exempt a home food establishment 32 from a requirement to register a producer or seller’s name, 33 address, and other identification with the state. 34 Sec. 4. Section 137D.3, Code 2021, is amended to read as 35 -3- LSB 1948YH (6) 89 ss/rn 3/ 5

H.F. 638 follows: 1 137D.3 Penalty. 2 A person who violates a provision of this chapter , including 3 a standard adopted by departmental rule, relating to home 4 bakeries food establishments or prepared foods created produced 5 in a home bakery food establishment , is guilty of a simple 6 misdemeanor. Each day that the violation continues constitutes 7 a separate offense. 8 Sec. 5. Section 137D.4, Code 2021, is amended to read as 9 follows: 10 137D.4 Injunction. 11 A person operating a home bakery or selling prepared foods 12 created at a home bakery food establishment in violation of 13 a provision of this chapter may be restrained by injunction 14 from further operating that home bakery food establishment . 15 If an imminent health hazard exists, the home bakery food 16 establishment must cease operation. Operation shall not be 17 resumed until authorized by the department. 18 Sec. 6. Section 137D.6, Code 2021, is amended to read as 19 follows: 20 137D.6 Conflicts with state building code. 21 Provisions of this chapter , including standards for home 22 bakeries food establishments adopted by the department, in 23 conflict with the state building code, as adopted pursuant 24 to section 103A.7 , shall not apply where the state building 25 code has been adopted or when the state building code applies 26 throughout the state. 27 Sec. 7. Section 137F.1, subsection 8, paragraphs b, c, d, 28 and e, Code 2021, are amended to read as follows: 29 b. An establishment that is not a home food establishment as 30 defined in section 137D.1 that offers only prepackaged foods 31 that are not time/temperature control for safety foods. 32 c. A produce stand or facility which sells only whole, uncut 33 fresh fruits and vegetables or homemade food items produced by 34 a home food establishment pursuant to chapter 137D . 35 -4- LSB 1948YH (6) 89 ss/rn 4/ 5

H.F. 638 d. Premises which are a home bakery food establishment as 1 defined in section 137D.1 pursuant to chapter 137D . 2 e. Premises where a person operates a farmers market , if 3 time/temperature control for safety foods are not sold or 4 distributed from the premises . 5 Sec. 8. Section 137F.1, subsection 8, paragraph f, Code 6 2021, is amended by striking the paragraph. 7 Sec. 9. REPEAL. Section 137D.8, Code 2021, is repealed. 8 EXPLANATION 9 The inclusion of this explanation does not constitute agreement with 10 the explanation’s substance by the members of the general assembly. 11 This bill relates to the production of food on the premises 12 of a residence. The bill replaces the term “home bakery” 13 with “home food establishment”. The bill authorizes a home 14 food establishment to sell homemade food items, as defined in 15 the bill, without complying with any licensing or inspection 16 requirements, provided that the home food establishment meets 17 certain requirements regarding the sale, labeling, and delivery 18 of the homemade food item. The bill prohibits a home food 19 establishment from selling certain meat and poultry products 20 enumerated in federal law unless the product falls under an 21 exception enumerated in federal rules. The bill does not 22 exempt a home food establishment from a requirement that the 23 producer or seller of a homemade food product register with the 24 state or a political subdivision of the state. 25 The bill exempts from the definition of “food establishment” 26 under Code chapter 137F (food establishments and food 27 processing plants) produce stands and facilities that sell 28 homemade food items produced by a home food establishment, home 29 food establishments, and all premises where a person operates 30 a farmers market. The bill removes an exemption for premises 31 of a residence in which food that is not a time/temperature 32 control for safety food is sold for consumption off the 33 premises to a consumer customer. 34 -5- LSB 1948YH (6) 89 ss/rn 5/ 5