House File 661 - Reprinted HOUSE FILE 661 BY COMMITTEE ON WAYS AND MEANS (SUCCESSOR TO HF 278) (SUCCESSOR TO HF 80) (As Amended and Passed by the House March 15, 2023 ) A BILL FOR An Act providing for the issuance of annual statewide licenses 1 for certain establishments offering food for sale, including 2 license fees, and including effective date provisions. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 4 HF 661 (2) 90 da/ns/md

H.F. 661 Section 1. Section 137D.1, subsection 4, Code 2023, is 1 amended to read as follows: 2 4. a. “Homemade food item” means a food that is produced 3 and, if packaged, packaged at a home food processing 4 establishment. 5 b. “Homemade food item” includes food all of the following: 6 (1) Food that is not time/temperature control for safety 7 food, but does not include such food if produced and sold under 8 section 137F.20 . 9 (2) Made-to-order food that is all of the following: 10 (a) Regularly prepared, promptly served, delivered, or 11 otherwise provided to a consumer immediately upon order. 12 (b) Intended for immediate consumption. 13 c. “Homemade food item” does not include unpasteurized fruit 14 or vegetable juice, raw sprout seeds, foods containing game 15 animals, fish or shellfish, alcoholic beverages, bottled water, 16 packaged ice, consumable hemp products, food that will be 17 further processed by a food processing plant, time/temperature 18 control for safety food packaged using a reduced oxygen 19 packaging method, milk or milk products regulated under chapter 20 192 or 194 , and meat, meat food products, poultry, or poultry 21 products regulated under chapter 189A , except for any of the 22 following products when sold directly to the end consumer: 23 a. (1) Poultry, poultry byproduct, or poultry food product 24 if the producer raised the poultry pursuant to the exemption 25 set forth in 9 C.F.R. §381.10(c)(1) limiting the producer to 26 slaughtering not more than one thousand poultry during the 27 calendar year. 28 b. (2) Poultry, poultry byproduct, or poultry food product 29 if the poultry is from an inspected source exempted pursuant 30 to 9 C.F.R. §381.10(d) . 31 c. (3) Meat, meat byproduct, or meat food product if the 32 meat is from an inspected source exempted pursuant to 9 C.F.R. 33 §303.1(d). 34 Sec. 2. Section 137F.6, subsection 1, paragraphs c, g, and 35 -1- HF 661 (2) 90 da/ns/md 1/ 2

H.F. 661 h, Code 2023, are amended to read as follows: 1 c. For a temporary food establishment for multiple 2 nonconcurrent events during a calendar year, one annual 3 license fee of two hundred dollars for each establishment on 4 a countywide statewide basis. 5 g. (1) For a food processing plant, the annual license fee 6 shall correspond to the annual gross food and beverage sales 7 of the food processing plant , as follows: . A food processing 8 plant’s annual gross sales shall not correspond to sales of an 9 unprocessed commodity. 10 (2) The annual license fee for an initial license shall be 11 calculated based on the food processing plant’s projected gross 12 annual sales. Otherwise, the annual license fee shall be based 13 on the food processing plant’s prior annual sales. 14 (3) The amount of the annual license fee shall be as 15 follows: 16 (a) For annual gross sales of less than fifty thousand 17 dollars, seventy-five dollars. 18 (1) (b) Annual For annual gross sales of at least fifty 19 thousand dollars but less than two hundred thousand dollars, 20 one hundred fifty dollars. 21 (2) (c) Annual For annual gross sales of at least two 22 hundred thousand dollars but less than two million dollars, 23 three hundred dollars. 24 (3) (d) Annual For annual gross sales of two million 25 dollars or more, five hundred dollars. 26 h. For a farmers market where time/temperature control for 27 safety food is sold or distributed, one annual license fee 28 of one hundred fifty dollars for each vendor on a countywide 29 statewide basis. 30 Sec. 3. EFFECTIVE DATE. This Act, being deemed of immediate 31 importance, takes effect upon enactment. 32 -2- HF 661 (2) 90 da/ns/md 2/ 2