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Senate File 303 - IntroducedA Bill ForAn Act 1relating to licensure, regulation, and complaint
2procedures for the hotel sanitation code and food
3establishments and food processing plants, and modifying
4fees and penalties.
5BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1DIVISION I
2hotel sanitation code
3 Section 1. Section 137C.6, subsection 3, paragraph b, Code
42017, is amended by striking the paragraph.
5 Sec. 2. Section 137C.7, Code 2017, is amended to read as
6follows:
7137C.7 License required.
8No A person shall not open or operate a hotel until the
9regulatory authority has inspected the hotel and issued
10 a license has been obtained from the regulatory authority
11and until the hotel has been inspected by the regulatory
12authority to the person. The regulatory authority shall
13conduct inspections in accordance with standards adopted by
14the department by rule pursuant to chapter 17A. Each license
15shall expire one year from the date of issue. A license is
16renewable. All licenses issued under the Iowa hotel sanitation
17code this chapter that are not renewed by the licensee on or
18before the expiration date shall be subject to a penalty of ten
19percent of the license fee per month if the license is renewed
20at a later date. A license is not transferable.
21 Sec. 3. Section 137C.9, subsection 1, Code 2017, is amended
22to read as follows:
231. Either the department or the municipal corporation shall
24collect the following annual license fees:
25a. For a hotel containing fifteen thirty guest rooms or
26less, twenty-seven fifty dollars.
27b. For a hotel containing more than fifteen thirty but less
28than thirty-one one hundred one guest rooms, forty dollars and
29fifty cents one hundred dollars.
30c. For a hotel containing more than thirty but less than
31seventy-six one hundred one guest rooms, fifty-four one hundred
32fifty dollars.
33d. For a hotel containing more than seventy-five but less
34than one hundred fifty guest rooms, fifty-seven dollars and
35fifty cents.
-1- 1e. For a hotel containing one hundred fifty or more guest
2rooms, one hundred one dollars and twenty-five cents.
3 Sec. 4. Section 137C.12, Code 2017, is amended to read as
4follows:
5137C.12 Inspection upon complaint.
6Upon receipt of a verified complaint signed by a guest of a
7hotel and stating facts indicating the place is premises of a
8hotel are in an insanitary unsanitary condition, the regulatory
9authority shall conduct an inspection.
10DIVISION II
11food establishments and food processing plants
12 Sec. 5. Section 137F.1, Code 2017, is amended by adding the
13following new subsections:
14 NEW SUBSECTION. 4A. “Event” means a significant occurrence
15or happening sponsored by a civic, business, educational,
16governmental, community, or veterans organization and may
17include an athletic contest.
18 NEW SUBSECTION. 15A. “Time/temperature control for safety
19food” means a food that requires time and temperature controls
20for safety to limit pathogenic microorganism growth or toxin
21formation.
22 Sec. 6. Section 137F.1, subsection 7, unnumbered paragraph
231, Code 2017, is amended to read as follows:
24“Food establishment” means an operation that stores,
25prepares, packages, serves, vends, or otherwise provides food
26for human consumption and includes a food service operation
27in a salvage or distressed food operation, school, summer
28camp, residential service substance abuse treatment facility,
29halfway house substance abuse treatment facility, correctional
30facility operated by the department of corrections, or the
31state training school, or the Iowa juvenile home. “Food
32establishment” does not include the following:
33 Sec. 7. Section 137F.1, subsection 7, paragraphs b, e, and
34f, Code 2017, are amended to read as follows:
35b. An establishment that offers only prepackaged foods that
-2-1are nonpotentially hazardous not time/temperature control for
2safety foods.
3e. Premises where a person operates a farmers market, if
4potentially hazardous food is time/temperature control for
5safety foods are not sold or distributed from the premises.
6f. Premises of a residence in which food that is
7nonpotentially hazardous not a time/temperature control for
8safety food is sold for consumption off the premises to a
9consumer customer, if the food is labeled to identify the name
10and address of the person preparing the food and the common
11name of the food.
12 Sec. 8. Section 137F.1, subsections 11 and 12, Code 2017,
13are amended by striking the subsections.
14 Sec. 9. Section 137F.1, subsections 13, 15, 16, and 17, Code
152017, are amended to read as follows:
1613. “Pushcart” means a non-self-propelled vehicle food
17establishment limited to serving nonpotentially hazardous foods
18 foods that are not time/temperature control for safety foods or
19commissary-wrapped foods maintained at proper temperatures, or
20limited to the preparation and serving of frankfurters.
2115. “Temporary food establishment” means a food
22establishment that operates for a period of no more than
23fourteen consecutive days in conjunction with a single event
24or celebration.
2516. “Vending machine” means a food establishment which is
26a self-service device that, upon insertion of a coin, paper
27currency, token, card, or key, or by optional manual operation,
28 dispenses unit servings of food in bulk or in packages without
29the necessity of replenishing the device between each vending
30operation.
3117. “Vending machine location” means the physical site
32 room, enclosure, space, or area where a one or more vending
33machine is machines are installed and operated, including the
34storage and servicing areas on the premises that are used in
35conjunction with to service and maintain the vending machine.
-3-1 Sec. 10. Section 137F.3, subsection 4, Code 2017, is amended
2to read as follows:
34. A municipal corporation that is responsible for
4enforcing this chapter within its jurisdiction pursuant to an
5agreement shall make an annual report to the director providing
6the following information:
7a. The total number of licenses granted or renewed by the
8municipal corporation under this chapter during the year.
9b. The number of licenses granted or renewed by the
10municipal corporation under this chapter during the year in
11each of the following categories:
12(1) Food establishments.
13(2) Food processing plants.
14(3) Mobile food units and pushcarts.
15(4) Temporary food establishments.
16(5) Vending machines.
17c. The amount of money collected in license fees during the
18year.
19d. The amount expended to perform the functions required
20under the agreement, submitted on a form prescribed by the
21department.
22e. Other information the director requests use the data
23system prescribed by the director for activities governed by an
24agreement executed pursuant to this section.
25 Sec. 11. Section 137F.4, Code 2017, is amended to read as
26follows:
27137F.4 License required.
28A person shall not operate a food establishment or food
29processing plant to provide goods or services to the general
30public, or open a food establishment to the general public,
31until the appropriate license has been obtained from the
32regulatory authority. Sale of products at wholesale to outlets
33not owned by a commissary owner requires a food processing
34plant license. A license shall expire one year from the date
35of issue. A license is renewable if application for renewal is
-4-1made prior to expiration of the license or within sixty days
2of the expiration date of the license. All licenses issued
3under this chapter that are not renewed by the licensee on or
4before the expiration date shall be subject to a penalty of ten
5percent per month of the license fee if the license is renewed
6at a later date.
7 Sec. 12. Section 137F.5, Code 2017, is amended to read as
8follows:
9137F.5 Application for license.
101. An application form prescribed by the department
11for a license under this chapter shall be obtained from
12the department or from a municipal corporation which is
13a regulatory authority. A completed application and an
14application fee of two hundred dollars shall be submitted
15to the appropriate regulatory authority. However, an
16application for a license for a farmers market, temporary food
17establishment for a single event, temporary food establishment
18for multiple nonconcurrent events, or vending machine is exempt
19from the application fee requirement under this subsection.
202. A person conducting an event shall submit a license
21application and an application fee of fifty dollars to the
22appropriate regulatory authority at least sixty days in advance
23of the event. An “event” for purposes of this subsection
24does not include a function with ten or more temporary food
25establishments, a fair as defined in section 174.1, or a
26farmers market.
273. The dominant form of business shall determine the type of
28license for establishments which engage in operations covered
29under both the definition of a food establishment and of a food
30processing plant.
314. The regulatory authority where the unit is domiciled
32shall issue a license for a mobile food unit.
33An application for renewal of a license shall be made
34at least thirty days before the expiration of the existing
35license.
-5-1 Sec. 13. Section 137F.6, subsection 1, Code 2017, is amended
2to read as follows:
31. The regulatory authority shall collect the following
4annual license fees:
5a. For a mobile food unit or pushcart, twenty-seven two
6hundred fifty dollars.
7b. For a temporary food establishment per fixed location
8for a single event, thirty-three dollars and fifty cents fifty
9dollars.
10c. For a temporary food establishment for multiple
11nonconcurrent events during a calendar year, one annual
12license fee of two hundred dollars for each establishment on a
13countywide basis.
14c. d. For a vending machine, twenty fifty dollars for the
15first machine and five ten dollars for each additional machine.
16d. e. For a food establishment which prepares or serves
17food for individual portion service intended for consumption
18on-the-premises, the annual license fee shall correspond to the
19annual gross food and beverage sales of the food establishment,
20as follows:
21(1) Annual gross sales of under fifty less than one hundred
22 thousand dollars, sixty-seven dollars and fifty cents one
23hundred fifty dollars.
24(2) Annual gross sales of at least fifty one hundred
25 thousand dollars but less than one five hundred thousand
26dollars, one hundred fourteen dollars and fifty cents three
27hundred dollars.
28(3) Annual gross sales of at least one five hundred thousand
29dollars but less than two hundred fifty thousand dollars, two
30hundred thirty-six dollars and twenty-five cents or more, four
31hundred dollars.
32(4) Annual gross sales of two hundred fifty thousand dollars
33but less than five hundred thousand dollars, two hundred
34seventy-five dollars.
35(5) Annual gross sales of five hundred thousand dollars or
-6-1more, three hundred three dollars and seventy-five cents.
2e. f. For a food establishment which sells food or food
3products to consumer customers intended for preparation or
4consumption off-the-premises, the annual license fee shall
5correspond to the annual gross food and beverage sales of the
6food establishment, as follows:
7(1) Annual gross sales of under ten less than two hundred
8fifty thousand dollars, forty dollars and fifty cents one
9hundred fifty dollars.
10(2) Annual gross sales of at least ten two hundred fifty
11 thousand dollars but less than two seven hundred fifty thousand
12dollars, one hundred one dollars and twenty-five cents three
13hundred dollars.
14(3) Annual gross sales of at least two seven hundred fifty
15thousand dollars but less than five hundred thousand dollars,
16one hundred fifty-five dollars and twenty-five cents or more,
17four hundred dollars.
18(4) Annual gross sales of at least five hundred thousand
19dollars but less than seven hundred fifty thousand dollars, two
20hundred two dollars and fifty cents.
21(5) Annual gross sales of seven hundred fifty thousand
22dollars or more, three hundred three dollars and seventy-five
23cents.
24f. g. For a food processing plant, the annual license fee
25shall correspond to the annual gross food and beverage sales of
26the food processing plant, as follows:
27(1) Annual gross sales of under fifty less than two hundred
28 thousand dollars, sixty-seven dollars and fifty cents one
29hundred fifty dollars.
30(2) Annual gross sales of at least fifty two hundred
31 thousand dollars but less than two hundred fifty thousand
32 million dollars, one hundred thirty-five three hundred dollars.
33(3) Annual gross sales of at least two hundred fifty
34thousand million dollars but less than five hundred thousand
35dollars, two hundred two dollars and fifty cents or more, five
-7-1hundred dollars.
2(4) Annual gross sales of five hundred thousand dollars or
3more, three hundred thirty-seven dollars and fifty cents.
4g. h. For a farmers market where potentially hazardous
5 time/temperature control for safety food is sold or
6distributed, one annual license fee of one hundred fifty
7 dollars for each vendor on a countywide basis.
8i. For a school, three hundred dollars for a production
9kitchen and two hundred dollars for a serving site.
10j. For a certificate of free sale or sanitation, thirty-five
11dollars for the first certificate and ten dollars for each
12additional identical certificate requested at the same time.
13h. k. For a food establishment covered by both paragraphs
14“d” “e” and “e” “f”, the license fees assessed shall be an
15amount not to exceed seventy-five percent of the total fees
16applicable under both paragraphs applicant shall pay the
17licensee fee based on the dominant form of business plus one
18hundred fifty dollars.
19l. For an unattended food establishment, the annual license
20fee shall correspond to the annual gross food and beverage
21sales, as follows:
22(1) Annual gross sales of less than one hundred thousand
23dollars, seventy-five dollars.
24(2) Annual gross sales of one hundred thousand dollars or
25more, one hundred fifty dollars.
26 Sec. 14. Section 137F.6, subsection 2, Code 2017, is amended
27by striking the subsection.
28 Sec. 15. Section 137F.10, Code 2017, is amended to read as
29follows:
30137F.10 Regular inspections.
31The appropriate regulatory authority shall provide for the
32inspection of each food establishment and food processing plant
33in this state in accordance with this chapter and with rules
34adopted pursuant to this chapter in accordance with chapter
3517A. A regulatory authority may enter a food establishment
-8-1or food processing plant at any reasonable hour to conduct
2an inspection. The manager or person in charge of the food
3establishment or food processing plant shall afford free
4access to every part of the premises and render all aid and
5assistance necessary to enable the regulatory authority to make
6a thorough and complete inspection. As part of the inspection
7process, the regulatory authority shall provide an explanation
8of the violation or violations cited and provide guidance as
9to actions for correction and elimination of the violation
10or violations. The regulatory authority shall document the
11violations as it deems appropriate. A food establishment or
12food processing plant being inspected pursuant to this section
13shall provide the regulatory authority with access to records
14necessary to determine compliance with this chapter and rules
15adopted pursuant to this chapter. The regulatory authority may
16take food or environmental samples as necessary to determine
17compliance with this chapter and rules adopted pursuant to this
18chapter.
19 Sec. 16. Section 137F.11, Code 2017, is amended to read as
20follows:
21137F.11 Inspection upon complaint.
22Upon receipt of a complaint by a customer of a food
23establishment or food processing plant stating facts indicating
24the premises are in an unsanitary condition of a food
25establishment or food processing plant are not in compliance
26with this chapter or the rules adopted pursuant to this
27chapter, the regulatory authority may conduct an inspection.
28The regulatory authority shall keep the name of the person
29making the complaint confidential upon that person’s request.
30 Sec. 17. REPEAL. Section 137F.17, Code 2017, is repealed.
31EXPLANATION
32The inclusion of this explanation does not constitute agreement with
33the explanation’s substance by the members of the general assembly.
34This bill relates to food and consumer safety by changing
35requirements for the hotel sanitation and food establishment
-9-1and food processing plants Code chapters.
2Division I of the bill removes the requirement that a local
3board of health responsible for enforcing the Iowa hotel
4sanitation code provide to the director of the department
5of inspections and appeals information regarding the hotel
6licenses granted in the year. The division requires a
7regulatory authority, meaning the department of inspections and
8appeals or a local board of health, in conducting inspections
9of hotels to do so in accordance with rules adopted by the
10department of inspections and appeals. The division provides
11that licensees may be subject to a penalty of 10 percent of
12the license fee per month rather than a flat 10 percent upon
13failure to renew a license on or before the expiration date.
14The division also changes the license fee schedule for hotel
15licenses. The division provides that if anyone, rather than
16just a guest of a hotel, files a complaint that the premises
17is unsanitary, the regulatory authority must conduct an
18inspection.
19Division II of the bill relates to food establishments
20and food processing plants. The division eliminates a food
21service operation in the Iowa juvenile home from the definition
22of food establishment. The division adds a definition for
23“time/temperature control for safety food” and replaces
24references to potentially hazardous food with this phrase.
25The division defines the term “event” as a significant
26occurrence or happening sponsored by a civic, business,
27educational, governmental, community, or veterans organization
28and may include athletic contests. The division modifies
29the definitions of “vending machine” and “vending machine
30location”.
31The division eliminates the annual report a municipal
32corporation responsible for enforcing the food establishments
33and food processing plants Code chapter must provide the
34director of inspections and appeals, but requires the municipal
35corporation to use the data system prescribed by the director.
-10- 1The division requires a food establishment or food
2processing plant seeking licensure under the Code chapter to
3renew prior to the time of the expiration of licensure or
4within 60 days of the expiration date.
5The division adds a $200 general application fee
6for licensure under the Code chapter. This general
7application fee does not apply to farmers markets, temporary
8food establishments for a single event, temporary food
9establishments for multiple nonconcurrent events, or vending
10machines. However, the division requires a person conducting
11an event to submit an application and a $50 application fee
12to the appropriate regulatory authority 60 days prior to the
13event. For purposes of this application and application
14fee, an “event” does not include a function with 10 or more
15temporary food establishments, a fair as defined in Code
16section 174.1, or a farmers market.
17The division changes the license fee schedule for mobile
18food units or pushcarts, temporary food establishments
19per fixed location for a single event, temporary food
20establishments for multiple nonconcurrent events, vending
21machines, food establishments which prepare or serve food for
22individual portion service intended for consumption on the
23premises, food establishments which sell food or food products
24intended for consumption off the premises, food processing
25plants, and farmers markets. The division adds new categories
26of license fees for schools with production kitchens or serving
27sites, for unattended food establishments, and for certificates
28of free sale or sanitation.
29The division provides that the regulatory authority
30must document violations during regular inspections as it
31deems appropriate. The division also states that a food
32establishment or food processing plant being inspected shall
33provide the regulatory authority access to records necessary to
34determine compliance and the regulatory authority may take food
35or environmental samples.
-11- 1The division provides that if any person, rather than
2a customer, files a complaint that the premises of a food
3establishment or food processing plant are not in compliance
4with the food establishments and food processing plants Code
5chapter, the regulatory authority may conduct an inspection.
6The bill allows the person filing the complaint to keep their
7name confidential.
8The division repeals the Code section subjecting persons in
9violation of the food establishments and food processing plants
10Code chapter to a $100 penalty.
-12-tr/nh
2procedures for the hotel sanitation code and food
3establishments and food processing plants, and modifying
4fees and penalties.
5BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1DIVISION I
2hotel sanitation code
3 Section 1. Section 137C.6, subsection 3, paragraph b, Code
42017, is amended by striking the paragraph.
5 Sec. 2. Section 137C.7, Code 2017, is amended to read as
6follows:
7137C.7 License required.
8No A person shall not open or operate a hotel until the
9regulatory authority has inspected the hotel and issued
10 a license has been obtained from the regulatory authority
11and until the hotel has been inspected by the regulatory
12authority to the person. The regulatory authority shall
13conduct inspections in accordance with standards adopted by
14the department by rule pursuant to chapter 17A. Each license
15shall expire one year from the date of issue. A license is
16renewable. All licenses issued under the Iowa hotel sanitation
17code this chapter that are not renewed by the licensee on or
18before the expiration date shall be subject to a penalty of ten
19percent of the license fee per month if the license is renewed
20at a later date. A license is not transferable.
21 Sec. 3. Section 137C.9, subsection 1, Code 2017, is amended
22to read as follows:
231. Either the department or the municipal corporation shall
24collect the following annual license fees:
25a. For a hotel containing fifteen thirty guest rooms or
26less, twenty-seven fifty dollars.
27b. For a hotel containing more than fifteen thirty but less
28than thirty-one one hundred one guest rooms, forty dollars and
29fifty cents one hundred dollars.
30c. For a hotel containing more than thirty but less than
31seventy-six one hundred one guest rooms, fifty-four one hundred
32fifty dollars.
33d. For a hotel containing more than seventy-five but less
34than one hundred fifty guest rooms, fifty-seven dollars and
35fifty cents.
-1- 1e. For a hotel containing one hundred fifty or more guest
2rooms, one hundred one dollars and twenty-five cents.
3 Sec. 4. Section 137C.12, Code 2017, is amended to read as
4follows:
5137C.12 Inspection upon complaint.
6Upon receipt of a verified complaint signed by a guest of a
7hotel and stating facts indicating the place is premises of a
8hotel are in an insanitary unsanitary condition, the regulatory
9authority shall conduct an inspection.
10DIVISION II
11food establishments and food processing plants
12 Sec. 5. Section 137F.1, Code 2017, is amended by adding the
13following new subsections:
14 NEW SUBSECTION. 4A. “Event” means a significant occurrence
15or happening sponsored by a civic, business, educational,
16governmental, community, or veterans organization and may
17include an athletic contest.
18 NEW SUBSECTION. 15A. “Time/temperature control for safety
19food” means a food that requires time and temperature controls
20for safety to limit pathogenic microorganism growth or toxin
21formation.
22 Sec. 6. Section 137F.1, subsection 7, unnumbered paragraph
231, Code 2017, is amended to read as follows:
24“Food establishment” means an operation that stores,
25prepares, packages, serves, vends, or otherwise provides food
26for human consumption and includes a food service operation
27in a salvage or distressed food operation, school, summer
28camp, residential service substance abuse treatment facility,
29halfway house substance abuse treatment facility, correctional
30facility operated by the department of corrections, or the
31state training school, or the Iowa juvenile home. “Food
32establishment” does not include the following:
33 Sec. 7. Section 137F.1, subsection 7, paragraphs b, e, and
34f, Code 2017, are amended to read as follows:
35b. An establishment that offers only prepackaged foods that
-2-1are nonpotentially hazardous not time/temperature control for
2safety foods.
3e. Premises where a person operates a farmers market, if
4potentially hazardous food is time/temperature control for
5safety foods are not sold or distributed from the premises.
6f. Premises of a residence in which food that is
7nonpotentially hazardous not a time/temperature control for
8safety food is sold for consumption off the premises to a
9consumer customer, if the food is labeled to identify the name
10and address of the person preparing the food and the common
11name of the food.
12 Sec. 8. Section 137F.1, subsections 11 and 12, Code 2017,
13are amended by striking the subsections.
14 Sec. 9. Section 137F.1, subsections 13, 15, 16, and 17, Code
152017, are amended to read as follows:
1613. “Pushcart” means a non-self-propelled vehicle food
17establishment limited to serving nonpotentially hazardous foods
18 foods that are not time/temperature control for safety foods or
19commissary-wrapped foods maintained at proper temperatures, or
20limited to the preparation and serving of frankfurters.
2115. “Temporary food establishment” means a food
22establishment that operates for a period of no more than
23fourteen consecutive days in conjunction with a single event
24or celebration.
2516. “Vending machine” means a food establishment which is
26a self-service device that, upon insertion of a coin, paper
27currency, token, card, or key, or by optional manual operation,
28 dispenses unit servings of food in bulk or in packages without
29the necessity of replenishing the device between each vending
30operation.
3117. “Vending machine location” means the physical site
32 room, enclosure, space, or area where a one or more vending
33machine is machines are installed and operated, including the
34storage and servicing areas on the premises that are used in
35conjunction with to service and maintain the vending machine.
-3-1 Sec. 10. Section 137F.3, subsection 4, Code 2017, is amended
2to read as follows:
34. A municipal corporation that is responsible for
4enforcing this chapter within its jurisdiction pursuant to an
5agreement shall make an annual report to the director providing
6the following information:
7a. The total number of licenses granted or renewed by the
8municipal corporation under this chapter during the year.
9b. The number of licenses granted or renewed by the
10municipal corporation under this chapter during the year in
11each of the following categories:
12(1) Food establishments.
13(2) Food processing plants.
14(3) Mobile food units and pushcarts.
15(4) Temporary food establishments.
16(5) Vending machines.
17c. The amount of money collected in license fees during the
18year.
19d. The amount expended to perform the functions required
20under the agreement, submitted on a form prescribed by the
21department.
22e. Other information the director requests use the data
23system prescribed by the director for activities governed by an
24agreement executed pursuant to this section.
25 Sec. 11. Section 137F.4, Code 2017, is amended to read as
26follows:
27137F.4 License required.
28A person shall not operate a food establishment or food
29processing plant to provide goods or services to the general
30public, or open a food establishment to the general public,
31until the appropriate license has been obtained from the
32regulatory authority. Sale of products at wholesale to outlets
33not owned by a commissary owner requires a food processing
34plant license. A license shall expire one year from the date
35of issue. A license is renewable if application for renewal is
-4-1made prior to expiration of the license or within sixty days
2of the expiration date of the license. All licenses issued
3under this chapter that are not renewed by the licensee on or
4before the expiration date shall be subject to a penalty of ten
5percent per month of the license fee if the license is renewed
6at a later date.
7 Sec. 12. Section 137F.5, Code 2017, is amended to read as
8follows:
9137F.5 Application for license.
101. An application form prescribed by the department
11for a license under this chapter shall be obtained from
12the department or from a municipal corporation which is
13a regulatory authority. A completed application and an
14application fee of two hundred dollars shall be submitted
15to the appropriate regulatory authority. However, an
16application for a license for a farmers market, temporary food
17establishment for a single event, temporary food establishment
18for multiple nonconcurrent events, or vending machine is exempt
19from the application fee requirement under this subsection.
202. A person conducting an event shall submit a license
21application and an application fee of fifty dollars to the
22appropriate regulatory authority at least sixty days in advance
23of the event. An “event” for purposes of this subsection
24does not include a function with ten or more temporary food
25establishments, a fair as defined in section 174.1, or a
26farmers market.
273. The dominant form of business shall determine the type of
28license for establishments which engage in operations covered
29under both the definition of a food establishment and of a food
30processing plant.
314. The regulatory authority where the unit is domiciled
32shall issue a license for a mobile food unit.
33An application for renewal of a license shall be made
34at least thirty days before the expiration of the existing
35license.
-5-1 Sec. 13. Section 137F.6, subsection 1, Code 2017, is amended
2to read as follows:
31. The regulatory authority shall collect the following
4annual license fees:
5a. For a mobile food unit or pushcart, twenty-seven two
6hundred fifty dollars.
7b. For a temporary food establishment per fixed location
8for a single event, thirty-three dollars and fifty cents fifty
9dollars.
10c. For a temporary food establishment for multiple
11nonconcurrent events during a calendar year, one annual
12license fee of two hundred dollars for each establishment on a
13countywide basis.
14c. d. For a vending machine, twenty fifty dollars for the
15first machine and five ten dollars for each additional machine.
16d. e. For a food establishment which prepares or serves
17food for individual portion service intended for consumption
18on-the-premises, the annual license fee shall correspond to the
19annual gross food and beverage sales of the food establishment,
20as follows:
21(1) Annual gross sales of under fifty less than one hundred
22 thousand dollars, sixty-seven dollars and fifty cents one
23hundred fifty dollars.
24(2) Annual gross sales of at least fifty one hundred
25 thousand dollars but less than one five hundred thousand
26dollars, one hundred fourteen dollars and fifty cents three
27hundred dollars.
28(3) Annual gross sales of at least one five hundred thousand
29dollars but less than two hundred fifty thousand dollars, two
30hundred thirty-six dollars and twenty-five cents or more, four
31hundred dollars.
32(4) Annual gross sales of two hundred fifty thousand dollars
33but less than five hundred thousand dollars, two hundred
34seventy-five dollars.
35(5) Annual gross sales of five hundred thousand dollars or
-6-1more, three hundred three dollars and seventy-five cents.
2e. f. For a food establishment which sells food or food
3products to consumer customers intended for preparation or
4consumption off-the-premises, the annual license fee shall
5correspond to the annual gross food and beverage sales of the
6food establishment, as follows:
7(1) Annual gross sales of under ten less than two hundred
8fifty thousand dollars, forty dollars and fifty cents one
9hundred fifty dollars.
10(2) Annual gross sales of at least ten two hundred fifty
11 thousand dollars but less than two seven hundred fifty thousand
12dollars, one hundred one dollars and twenty-five cents three
13hundred dollars.
14(3) Annual gross sales of at least two seven hundred fifty
15thousand dollars but less than five hundred thousand dollars,
16one hundred fifty-five dollars and twenty-five cents or more,
17four hundred dollars.
18(4) Annual gross sales of at least five hundred thousand
19dollars but less than seven hundred fifty thousand dollars, two
20hundred two dollars and fifty cents.
21(5) Annual gross sales of seven hundred fifty thousand
22dollars or more, three hundred three dollars and seventy-five
23cents.
24f. g. For a food processing plant, the annual license fee
25shall correspond to the annual gross food and beverage sales of
26the food processing plant, as follows:
27(1) Annual gross sales of under fifty less than two hundred
28 thousand dollars, sixty-seven dollars and fifty cents one
29hundred fifty dollars.
30(2) Annual gross sales of at least fifty two hundred
31 thousand dollars but less than two hundred fifty thousand
32 million dollars, one hundred thirty-five three hundred dollars.
33(3) Annual gross sales of at least two hundred fifty
34thousand million dollars but less than five hundred thousand
35dollars, two hundred two dollars and fifty cents or more, five
-7-1hundred dollars.
2(4) Annual gross sales of five hundred thousand dollars or
3more, three hundred thirty-seven dollars and fifty cents.
4g. h. For a farmers market where potentially hazardous
5 time/temperature control for safety food is sold or
6distributed, one annual license fee of one hundred fifty
7 dollars for each vendor on a countywide basis.
8i. For a school, three hundred dollars for a production
9kitchen and two hundred dollars for a serving site.
10j. For a certificate of free sale or sanitation, thirty-five
11dollars for the first certificate and ten dollars for each
12additional identical certificate requested at the same time.
13h. k. For a food establishment covered by both paragraphs
14“d” “e” and “e” “f”, the license fees assessed shall be an
15amount not to exceed seventy-five percent of the total fees
16applicable under both paragraphs applicant shall pay the
17licensee fee based on the dominant form of business plus one
18hundred fifty dollars.
19l. For an unattended food establishment, the annual license
20fee shall correspond to the annual gross food and beverage
21sales, as follows:
22(1) Annual gross sales of less than one hundred thousand
23dollars, seventy-five dollars.
24(2) Annual gross sales of one hundred thousand dollars or
25more, one hundred fifty dollars.
26 Sec. 14. Section 137F.6, subsection 2, Code 2017, is amended
27by striking the subsection.
28 Sec. 15. Section 137F.10, Code 2017, is amended to read as
29follows:
30137F.10 Regular inspections.
31The appropriate regulatory authority shall provide for the
32inspection of each food establishment and food processing plant
33in this state in accordance with this chapter and with rules
34adopted pursuant to this chapter in accordance with chapter
3517A. A regulatory authority may enter a food establishment
-8-1or food processing plant at any reasonable hour to conduct
2an inspection. The manager or person in charge of the food
3establishment or food processing plant shall afford free
4access to every part of the premises and render all aid and
5assistance necessary to enable the regulatory authority to make
6a thorough and complete inspection. As part of the inspection
7process, the regulatory authority shall provide an explanation
8of the violation or violations cited and provide guidance as
9to actions for correction and elimination of the violation
10or violations. The regulatory authority shall document the
11violations as it deems appropriate. A food establishment or
12food processing plant being inspected pursuant to this section
13shall provide the regulatory authority with access to records
14necessary to determine compliance with this chapter and rules
15adopted pursuant to this chapter. The regulatory authority may
16take food or environmental samples as necessary to determine
17compliance with this chapter and rules adopted pursuant to this
18chapter.
19 Sec. 16. Section 137F.11, Code 2017, is amended to read as
20follows:
21137F.11 Inspection upon complaint.
22Upon receipt of a complaint by a customer of a food
23establishment or food processing plant stating facts indicating
24the premises are in an unsanitary condition of a food
25establishment or food processing plant are not in compliance
26with this chapter or the rules adopted pursuant to this
27chapter, the regulatory authority may conduct an inspection.
28The regulatory authority shall keep the name of the person
29making the complaint confidential upon that person’s request.
30 Sec. 17. REPEAL. Section 137F.17, Code 2017, is repealed.
31EXPLANATION
32The inclusion of this explanation does not constitute agreement with
33the explanation’s substance by the members of the general assembly.
34This bill relates to food and consumer safety by changing
35requirements for the hotel sanitation and food establishment
-9-1and food processing plants Code chapters.
2Division I of the bill removes the requirement that a local
3board of health responsible for enforcing the Iowa hotel
4sanitation code provide to the director of the department
5of inspections and appeals information regarding the hotel
6licenses granted in the year. The division requires a
7regulatory authority, meaning the department of inspections and
8appeals or a local board of health, in conducting inspections
9of hotels to do so in accordance with rules adopted by the
10department of inspections and appeals. The division provides
11that licensees may be subject to a penalty of 10 percent of
12the license fee per month rather than a flat 10 percent upon
13failure to renew a license on or before the expiration date.
14The division also changes the license fee schedule for hotel
15licenses. The division provides that if anyone, rather than
16just a guest of a hotel, files a complaint that the premises
17is unsanitary, the regulatory authority must conduct an
18inspection.
19Division II of the bill relates to food establishments
20and food processing plants. The division eliminates a food
21service operation in the Iowa juvenile home from the definition
22of food establishment. The division adds a definition for
23“time/temperature control for safety food” and replaces
24references to potentially hazardous food with this phrase.
25The division defines the term “event” as a significant
26occurrence or happening sponsored by a civic, business,
27educational, governmental, community, or veterans organization
28and may include athletic contests. The division modifies
29the definitions of “vending machine” and “vending machine
30location”.
31The division eliminates the annual report a municipal
32corporation responsible for enforcing the food establishments
33and food processing plants Code chapter must provide the
34director of inspections and appeals, but requires the municipal
35corporation to use the data system prescribed by the director.
-10- 1The division requires a food establishment or food
2processing plant seeking licensure under the Code chapter to
3renew prior to the time of the expiration of licensure or
4within 60 days of the expiration date.
5The division adds a $200 general application fee
6for licensure under the Code chapter. This general
7application fee does not apply to farmers markets, temporary
8food establishments for a single event, temporary food
9establishments for multiple nonconcurrent events, or vending
10machines. However, the division requires a person conducting
11an event to submit an application and a $50 application fee
12to the appropriate regulatory authority 60 days prior to the
13event. For purposes of this application and application
14fee, an “event” does not include a function with 10 or more
15temporary food establishments, a fair as defined in Code
16section 174.1, or a farmers market.
17The division changes the license fee schedule for mobile
18food units or pushcarts, temporary food establishments
19per fixed location for a single event, temporary food
20establishments for multiple nonconcurrent events, vending
21machines, food establishments which prepare or serve food for
22individual portion service intended for consumption on the
23premises, food establishments which sell food or food products
24intended for consumption off the premises, food processing
25plants, and farmers markets. The division adds new categories
26of license fees for schools with production kitchens or serving
27sites, for unattended food establishments, and for certificates
28of free sale or sanitation.
29The division provides that the regulatory authority
30must document violations during regular inspections as it
31deems appropriate. The division also states that a food
32establishment or food processing plant being inspected shall
33provide the regulatory authority access to records necessary to
34determine compliance and the regulatory authority may take food
35or environmental samples.
-11- 1The division provides that if any person, rather than
2a customer, files a complaint that the premises of a food
3establishment or food processing plant are not in compliance
4with the food establishments and food processing plants Code
5chapter, the regulatory authority may conduct an inspection.
6The bill allows the person filing the complaint to keep their
7name confidential.
8The division repeals the Code section subjecting persons in
9violation of the food establishments and food processing plants
10Code chapter to a $100 penalty.
-12-tr/nh