House File 661 - ReprintedA Bill ForAn Act 1providing for the issuance of annual statewide licenses
2for certain establishments offering food for sale, including
3license fees, and including effective date provisions.
4BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1   Section 1.  Section 137D.1, subsection 4, Code 2023, is
2amended to read as follows:
   34.  a.  “Homemade food item” means a food that is produced
4and, if packaged, packaged at a home food processing
5establishment.
   6b.  “Homemade food item” includes food all of the following:
   7(1)   Foodthat is not time/temperature control for safety
8food, but does not include such food if produced and sold under
9section 137F.20.
   10(2)  Made-to-order food that is all of the following:
   11(a)  Regularly prepared, promptly served, delivered, or
12otherwise provided to a consumer immediately upon order.
   13(b)  Intended for immediate consumption.
   14c.  “Homemade food item” does not include unpasteurized fruit
15or vegetable juice, raw sprout seeds, foods containing game
16animals, fish or shellfish, alcoholic beverages, bottled water,
17packaged ice, consumable hemp products, food that will be
18further processed by a food processing plant, time/temperature
19control for safety food packaged using a reduced oxygen
20packaging method, milk or milk products regulated under chapter
21192 or 194, and meat, meat food products, poultry, or poultry
22products regulated under chapter 189A, except for any of the
23following products when sold directly to the end consumer:
   24a.    (1)  Poultry, poultry byproduct, or poultry food product
25if the producer raised the poultry pursuant to the exemption
26set forth in 9 C.F.R. §381.10(c)(1) limiting the producer to
27slaughtering not more than one thousand poultry during the
28calendar year.
   29b.    (2)  Poultry, poultry byproduct, or poultry food product
30if the poultry is from an inspected source exempted pursuant
31to 9 C.F.R. §381.10(d).
   32c.    (3)  Meat, meat byproduct, or meat food product if the
33meat is from an inspected source exempted pursuant to 9 C.F.R.
34§303.1(d).
35   Sec. 2.  Section 137F.6, subsection 1, paragraphs c, g, and
-1-1h, Code 2023, are amended to read as follows:
   2c.  For a temporary food establishment for multiple
3nonconcurrent events during a calendar year, one annual
4license fee of two hundred dollars for each establishment on
5a countywide statewide basis.
   6g.  (1)  For a food processing plant, the annual license fee
7shall correspond to the annual gross food and beverage sales
8of the food processing plant, as follows:. A food processing
9plant’s annual gross sales shall not correspond to sales of an
10unprocessed commodity.

   11(2)  The annual license fee for an initial license shall be
12calculated based on the food processing plant’s projected gross
13annual sales. Otherwise, the annual license fee shall be based
14on the food processing plant’s prior annual sales.
   15(3)  The amount of the annual license fee shall be as
16follows:
   17(a)  For annual gross sales of less than fifty thousand
18dollars, seventy-five dollars.
   19(1)    (b)  Annual For annual gross sales of at least fifty
20thousand dollars but
less than two hundred thousand dollars,
21one hundred fifty dollars.
   22(2)    (c)  Annual For annual gross sales of at least two
23hundred thousand dollars but less than two million dollars,
24three hundred dollars.
   25(3)    (d)  Annual For annual gross sales of two million
26dollars or more, five hundred dollars.
   27h.  For a farmers market where time/temperature control for
28safety food is sold or distributed, one annual license fee
29of one hundred fifty dollars for each vendor on a countywide
30
 statewide basis.
31   Sec. 3.  EFFECTIVE DATE.  This Act, being deemed of immediate
32importance, takes effect upon enactment.
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