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House File 661 - EnrolledAn Actproviding for the issuance of annual statewide licenses
for certain establishments offering food for sale, including
license fees, and including effective date provisions.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
Section 1. Section 137D.1, subsection 4, Code 2023, is
amended to read as follows:
4. a. “Homemade food item” means a food that is produced
and, if packaged, packaged at a home food processing
establishment.
b. “Homemade food item” includes food all of the following:
(1) Foodthat is not time/temperature control for safety
food, but does not include such food if produced and sold under
section 137F.20.
(2) Made-to-order food that is all of the following:
(a) Regularly prepared, promptly served, delivered, or
otherwise provided to a consumer immediately upon order.
(b) Intended for immediate consumption.
c. “Homemade food item” does not include unpasteurized fruit
or vegetable juice, raw sprout seeds, foods containing game
animals, fish or shellfish, alcoholic beverages, bottled water,
packaged ice, consumable hemp products, food that will be
further processed by a food processing plant, time/temperature
control for safety food packaged using a reduced oxygen
packaging method, milk or milk products regulated under chapter
192 or 194, and meat, meat food products, poultry, or poultry
products regulated under chapter 189A, except for any of the
following products when sold directly to the end consumer:
a. (1) Poultry, poultry byproduct, or poultry food product
if the producer raised the poultry pursuant to the exemption
set forth in 9 C.F.R. §381.10(c)(1) limiting the producer to
slaughtering not more than one thousand poultry during the
calendar year.
b. (2) Poultry, poultry byproduct, or poultry food product
if the poultry is from an inspected source exempted pursuant
to 9 C.F.R. §381.10(d).
c. (3) Meat, meat byproduct, or meat food product if the
meat is from an inspected source exempted pursuant to 9 C.F.R.
§303.1(d).
Sec. 2. Section 137F.6, subsection 1, paragraphs c, g, and
-1-h, Code 2023, are amended to read as follows:
c. For a temporary food establishment for multiple
nonconcurrent events during a calendar year, one annual
license fee of two hundred dollars for each establishment on
a countywide statewide basis.
g. (1) For a food processing plant, the annual license fee
shall correspond to the annual gross food and beverage sales
of the food processing plant, as follows:. A food processing
plant’s annual gross sales shall not correspond to sales of an
unprocessed commodity.
(2) The annual license fee for an initial license shall be
calculated based on the food processing plant’s projected gross
annual sales. Otherwise, the annual license fee shall be based
on the food processing plant’s prior annual sales.
(3) The amount of the annual license fee shall be as
follows:
(a) For annual gross sales of less than fifty thousand
dollars, seventy-five dollars.
(1) (b) Annual For annual gross sales of at least fifty
thousand dollars but less than two hundred thousand dollars,
one hundred fifty dollars.
(2) (c) Annual For annual gross sales of at least two
hundred thousand dollars but less than two million dollars,
three hundred dollars.
(3) (d) Annual For annual gross sales of two million
dollars or more, five hundred dollars.
h. For a farmers market where time/temperature control for
safety food is sold or distributed, one annual license fee
of one hundred fifty dollars for each vendor on a countywide
statewide basis.
Sec. 3. EFFECTIVE DATE. This Act, being deemed of immediate
importance, takes effect upon enactment.
______________________________
PAT GRASSLEYSpeaker of the House______________________________
AMY SINCLAIRPresident of the Senate I hereby certify that this bill originated in the House and is known as House File 661, Ninetieth General Assembly.______________________________
MEGHAN NELSONChief Clerk of the HouseApproved _______________, 2023______________________________
KIM REYNOLDSGovernorda/ns/md
for certain establishments offering food for sale, including
license fees, and including effective date provisions.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
Section 1. Section 137D.1, subsection 4, Code 2023, is
amended to read as follows:
4. a. “Homemade food item” means a food that is produced
and, if packaged, packaged at a home food processing
establishment.
b. “Homemade food item” includes food all of the following:
(1) Foodthat is not time/temperature control for safety
food, but does not include such food if produced and sold under
section 137F.20.
(2) Made-to-order food that is all of the following:
(a) Regularly prepared, promptly served, delivered, or
otherwise provided to a consumer immediately upon order.
(b) Intended for immediate consumption.
c. “Homemade food item” does not include unpasteurized fruit
or vegetable juice, raw sprout seeds, foods containing game
animals, fish or shellfish, alcoholic beverages, bottled water,
packaged ice, consumable hemp products, food that will be
further processed by a food processing plant, time/temperature
control for safety food packaged using a reduced oxygen
packaging method, milk or milk products regulated under chapter
192 or 194, and meat, meat food products, poultry, or poultry
products regulated under chapter 189A, except for any of the
following products when sold directly to the end consumer:
a. (1) Poultry, poultry byproduct, or poultry food product
if the producer raised the poultry pursuant to the exemption
set forth in 9 C.F.R. §381.10(c)(1) limiting the producer to
slaughtering not more than one thousand poultry during the
calendar year.
b. (2) Poultry, poultry byproduct, or poultry food product
if the poultry is from an inspected source exempted pursuant
to 9 C.F.R. §381.10(d).
c. (3) Meat, meat byproduct, or meat food product if the
meat is from an inspected source exempted pursuant to 9 C.F.R.
§303.1(d).
Sec. 2. Section 137F.6, subsection 1, paragraphs c, g, and
-1-h, Code 2023, are amended to read as follows:
c. For a temporary food establishment for multiple
nonconcurrent events during a calendar year, one annual
license fee of two hundred dollars for each establishment on
a countywide statewide basis.
g. (1) For a food processing plant, the annual license fee
shall correspond to the annual gross food and beverage sales
of the food processing plant, as follows:. A food processing
plant’s annual gross sales shall not correspond to sales of an
unprocessed commodity.
(2) The annual license fee for an initial license shall be
calculated based on the food processing plant’s projected gross
annual sales. Otherwise, the annual license fee shall be based
on the food processing plant’s prior annual sales.
(3) The amount of the annual license fee shall be as
follows:
(a) For annual gross sales of less than fifty thousand
dollars, seventy-five dollars.
(1) (b) Annual For annual gross sales of at least fifty
thousand dollars but less than two hundred thousand dollars,
one hundred fifty dollars.
(2) (c) Annual For annual gross sales of at least two
hundred thousand dollars but less than two million dollars,
three hundred dollars.
(3) (d) Annual For annual gross sales of two million
dollars or more, five hundred dollars.
h. For a farmers market where time/temperature control for
safety food is sold or distributed, one annual license fee
of one hundred fifty dollars for each vendor on a countywide
statewide basis.
Sec. 3. EFFECTIVE DATE. This Act, being deemed of immediate
importance, takes effect upon enactment.
______________________________
PAT GRASSLEYSpeaker of the House______________________________
AMY SINCLAIRPresident of the Senate I hereby certify that this bill originated in the House and is known as House File 661, Ninetieth General Assembly.______________________________
MEGHAN NELSONChief Clerk of the HouseApproved _______________, 2023______________________________
KIM REYNOLDSGovernorda/ns/md