Bill Text: IA SSB3165 | 2015-2016 | 86th General Assembly | Introduced

---

Bill Title: A study bill for an act relating to licensure, regulation, and complaint procedures for the hotel sanitation code, home food establishments, and food establishments and food processing plants, and modifying fees and penalties.

Spectrum: Unknown

Status: (Introduced - Dead) 2016-03-03 - 12:30PM; RM 206 Ways and Means. [SSB3165 Detail]

Download: Iowa-2015-SSB3165-Introduced.html

---

Senate Study Bill 3165 - Introduced
SENATE FILE _____
BY (PROPOSED COMMITTEE ON
WAYS AND MEANS BILL BY
CHAIRPERSON BOLKCOM)
A BILL FOR
An Act relating to licensure, regulation, and complaint
procedures for the hotel sanitation code, home food
establishments, and food establishments and food processing
plants, and modifying fees and penalties.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
TLSB 6029SC (1) 86
tr/nh

S.F. _____
DIVISION I
HOTEL SANITATION CODE
Section 1. Section 137C.6, subsection 3, paragraph b, Code
2016, is amended to read as follows:
b. The number of hotel licenses granted or renewed during
the year broken down into the following categories:
(1) Hotels containing fifteen thirty guest rooms or less.
(2) Hotels containing more than fifteen thirty but less than
thirty-one one hundred one guest rooms.
(3) Hotels containing more than thirty but less than
seventy-six one hundred one guest rooms.
(4) Hotels containing more than seventy-five but less than
one hundred fifty guest rooms.
(5) Hotels containing one hundred fifty or more guest rooms.
Sec. 2. Section 137C.7, Code 2016, is amended to read as
follows:
137C.7 License required.
No A person shall not open or operate a hotel until the
regulatory authority has inspected the hotel and issued
a license has been obtained from the regulatory authority
and until the hotel has been inspected by the regulatory
authority to the person . The regulatory authority shall
conduct inspections in accordance with standards adopted by
the department by rule pursuant to chapter 17A. Each license
shall expire one year from the date of issue. A license is
renewable. All licenses issued under the Iowa hotel sanitation
code this chapter that are not renewed by the licensee on or
before the expiration date shall be subject to a penalty of ten
percent of the license fee per month if the license is renewed
at a later date. A license is not transferable.
Sec. 3. Section 137C.9, subsection 1, Code 2016, is amended
to read as follows:
1. Either the department or the municipal corporation shall
collect the following annual license fees:
a. For a hotel containing fifteen thirty guest rooms or
-1-
LSB 6029SC (1) 86
tr/nh 1/ 15

S.F. _____
less, twenty-seven fifty dollars.
b. For a hotel containing more than fifteen thirty but less
than thirty-one one hundred one guest rooms, forty dollars and
fifty cents one hundred dollars .
c. For a hotel containing more than thirty but less than
seventy-six one hundred one guest rooms, fifty-four one hundred
fifty dollars.
d. For a hotel containing more than seventy-five but less
than one hundred fifty guest rooms, fifty-seven dollars and
fifty cents.
e. For a hotel containing one hundred fifty or more guest
rooms, one hundred one dollars and twenty-five cents.
Sec. 4. Section 137C.12, Code 2016, is amended to read as
follows:
137C.12 Inspection upon complaint.
Upon receipt of a verified complaint signed by a guest of a
hotel and stating facts indicating the place is premises of a
hotel are in an insanitary unsanitary condition, the regulatory
authority shall conduct an inspection.
DIVISION II
HOME FOOD ESTABLISHMENTS
Sec. 5. Section 10A.104, subsection 12, Code 2016, is
amended to read as follows:
12. Administer inspections and licensing of hotels and home
food establishments bakeries .
Sec. 6. Section 137D.1, subsections 3 and 4, Code 2016, are
amended to read as follows:
3. “Home food establishment” “Home bakery” means a business
on the premises of a residence in which prepared food is
created for sale or resale, for consumption off the premises,
if the business has gross annual sales of prepared food of
less than twenty thousand dollars. However, a home food
establishment “home bakery” does not include a residence
in which food is prepared to be used or sold by churches,
fraternal societies, charitable organizations, or civic
-2-
LSB 6029SC (1) 86
tr/nh 2/ 15

S.F. _____
organizations.
4. “Prepared food” means soft pies, bakery products with a
custard or cream filling, or any other potentially hazardous
baked goods that are a time/temperature control for safety
food . “Prepared food” does not mean nonhazardous include baked
goods that are not a time/temperature control for safety food ,
including but not limited to breads, fruit pies, cakes, or
other nonhazardous pastries that are not a time/temperature
control for safety food .
Sec. 7. Section 137D.1, Code 2016, is amended by adding the
following new subsection:
NEW SUBSECTION . 5. “Time/temperature control for safety
food” means a food that requires time and temperature controls
for safety to limit pathogenic microorganism growth or toxin
formation.
Sec. 8. Section 137D.2, Code 2016, is amended to read as
follows:
137D.2 Licenses and inspections.
1. A person shall not open or operate a home food
establishment bakery until a license has been obtained from the
department of inspections and appeals. The department shall
collect a fee of thirty-three dollars and seventy-five cents
fifty dollars for a license. After collection, the fees shall
be deposited in the general fund of the state. A license shall
expire one year from date of issue. A license is renewable.
2. A person shall not sell or distribute from a home food
establishment bakery if the home food establishment bakery is
unlicensed, the license of the home food establishment bakery
is suspended, or the food fails to meet standards adopted for
such food by the department.
3. An application for a license under this chapter shall be
made upon a form furnished by the department and shall contain
the items required by it according to rules adopted by the
department.
4. The department shall regulate, license, and inspect home
-3-
LSB 6029SC (1) 86
tr/nh 3/ 15

S.F. _____
food establishments bakeries according to standards adopted by
rule.
5. The department shall provide for the periodic inspection
of a home food establishment bakery . The inspector may enter
the home food establishment bakery at any reasonable hour to
make the inspection. The department shall inspect only those
areas related to preparing food for sale.
6. The department shall regulate and inspect food prepared
at a home food establishment bakery according to standards
adopted by rule. The inspection may occur at any place where
the prepared food is created, transported, or stored for sale
or resale.
Sec. 9. Section 137D.3, Code 2016, is amended to read as
follows:
137D.3 Penalty.
A person who violates a provision of this chapter , including
a standard adopted by departmental rule, relating to home food
establishments bakeries or prepared foods created in a home
food establishment bakery , is guilty of a simple misdemeanor.
Each day that the violation continues constitutes a separate
offense.
Sec. 10. Section 137D.4, Code 2016, is amended to read as
follows:
137D.4 Injunction.
A person operating a home food establishment bakery or
selling prepared foods created at a home food establishment
bakery in violation of a provision of this chapter may be
restrained by injunction from further operating that home food
establishment bakery . If an imminent health hazard exists, the
home food establishment bakery must cease operation. Operation
shall not be resumed until authorized by the department.
Sec. 11. Section 137D.6, Code 2016, is amended to read as
follows:
137D.6 Conflicts with state building code.
Provisions of this chapter , including standards for home
-4-
LSB 6029SC (1) 86
tr/nh 4/ 15

S.F. _____
food establishments bakeries adopted by the department, in
conflict with the state building code, as adopted pursuant
to section 103A.7 , shall not apply where the state building
code has been adopted or when the state building code applies
throughout the state.
Sec. 12. Section 137D.8, subsections 1 and 3, Code 2016, are
amended to read as follows:
1. The person’s home food establishment bakery does not
conform to a provision of this chapter or a rule adopted
pursuant to this chapter .
3. The person conducts an activity constituting a criminal
offense in the home food establishment bakery and is convicted
of a serious misdemeanor or a more serious offense as a result.
Sec. 13. Section 137F.1, subsection 7, paragraph d, Code
2016, is amended to read as follows:
d. Premises which are a home food establishment bakery
pursuant to chapter 137D .
DIVISION III
FOOD ESTABLISHMENTS AND FOOD PROCESSING PLANTS
Sec. 14. Section 137F.1, Code 2016, is amended by adding the
following new subsections:
NEW SUBSECTION . 4A. “Event” means a significant occurrence
or happening sponsored by a civic, business, educational,
governmental, community, or veterans organization and may
include an athletic contest.
NEW SUBSECTION . 15A. “Time/temperature control for safety
food” means a food that requires time and temperature controls
for safety to limit pathogenic microorganism growth or toxin
formation.
Sec. 15. Section 137F.1, subsection 7, unnumbered paragraph
1, Code 2016, is amended to read as follows:
“Food establishment” means an operation that stores,
prepares, packages, serves, vends, or otherwise provides food
for human consumption and includes a food service operation
in a salvage or distressed food operation, school, summer
-5-
LSB 6029SC (1) 86
tr/nh 5/ 15

S.F. _____
camp, residential service substance abuse treatment facility,
halfway house substance abuse treatment facility, correctional
facility operated by the department of corrections, or the
state training school , or the Iowa juvenile home . “Food
establishment” does not include the following:
Sec. 16. Section 137F.1, subsection 7, paragraphs b, e, and
f, Code 2016, are amended to read as follows:
b. An establishment that offers only prepackaged foods that
are nonpotentially hazardous not time/temperature control for
safety foods .
e. Premises where a person operates a farmers market, if
potentially hazardous food is time/temperature control for
safety foods are not sold or distributed from the premises.
f. Premises of a residence in which food that is
nonpotentially hazardous not a time/temperature control for
safety food is sold for consumption off the premises to a
consumer customer, if the food is labeled to identify the name
and address of the person preparing the food and the common
name of the food.
Sec. 17. Section 137F.1, subsections 11 and 12, Code 2016,
are amended by striking the subsections.
Sec. 18. Section 137F.1, subsections 13, 15, 16, and 17,
Code 2016, are amended to read as follows:
13. “Pushcart” means a non-self-propelled vehicle food
establishment limited to serving nonpotentially hazardous foods
foods that are not time/temperature control for safety foods or
commissary-wrapped foods maintained at proper temperatures, or
limited to the preparation and serving of frankfurters.
15. “Temporary food establishment” means a food
establishment that operates for a period of no more than
fourteen consecutive days in conjunction with a single event
or celebration .
16. “Vending machine” means a food establishment which is
a self-service device that, upon insertion of a coin, paper
currency, token, card, or key, or by optional manual operation,
-6-
LSB 6029SC (1) 86
tr/nh 6/ 15

S.F. _____
dispenses unit servings of food in bulk or in packages without
the necessity of replenishing the device between each vending
operation.
17. “Vending machine location” means the physical site
room, enclosure, space, or area where a one or more vending
machine is machines are installed and operated, including the
storage and servicing areas on the premises that are used in
conjunction with to service and maintain the vending machine.
Sec. 19. Section 137F.3, subsection 4, Code 2016, is amended
to read as follows:
4. A municipal corporation that is responsible for
enforcing this chapter within its jurisdiction pursuant to an
agreement shall make an annual report to the director providing
the following information:
a. The total number of licenses granted or renewed by the
municipal corporation under this chapter during the year.
b. The number of licenses granted or renewed by the
municipal corporation under this chapter during the year in
each of the following categories:
(1) Food establishments.
(2) Food processing plants.
(3) Mobile food units and pushcarts.
(4) Temporary food establishments.
(5) Vending machines.
c. The amount of money collected in license fees during the
year.
d. The amount expended to perform the functions required
under the agreement, submitted on a form prescribed by the
department.
e. Other information the director requests use the data
system prescribed by the director for activities governed by an
agreement executed pursuant to this section .
Sec. 20. Section 137F.4, Code 2016, is amended to read as
follows:
137F.4 License required.
-7-
LSB 6029SC (1) 86
tr/nh 7/ 15

S.F. _____
A person shall not operate a food establishment or food
processing plant to provide goods or services to the general
public, or open a food establishment to the general public,
until the appropriate license has been obtained from the
regulatory authority. Sale of products at wholesale to outlets
not owned by a commissary owner requires a food processing
plant license. A license shall expire one year from the date
of issue. A license is renewable if application for renewal is
made prior to expiration of the license or within sixty days
of the expiration date of the license . All licenses issued
under this chapter that are not renewed by the licensee on or
before the expiration date shall be subject to a penalty of ten
percent per month of the license fee if the license is renewed
at a later date.
Sec. 21. Section 137F.5, Code 2016, is amended to read as
follows:
137F.5 Application for license.
1. An application form prescribed by the department
for a license under this chapter shall be obtained from
the department or from a municipal corporation which is
a regulatory authority. A completed application and an
application fee of two hundred dollars shall be submitted
to the appropriate regulatory authority. However, an
application for a license for a farmers market, temporary food
establishment for a single event, temporary food establishment
for multiple nonconcurrent events, or vending machine is exempt
from the application fee requirement under this subsection.
2. A person conducting an event shall submit a license
application and an application fee of fifty dollars to the
appropriate regulatory authority at least sixty days in advance
of the event. An “event” for purposes of this subsection does
not include a fair as defined in section 174.1 or a farmers
market with ten or more temporary food establishments.
3. The dominant form of business shall determine the type of
license for establishments which engage in operations covered
-8-
LSB 6029SC (1) 86
tr/nh 8/ 15

S.F. _____
under both the definition of a food establishment and of a food
processing plant.
4. The regulatory authority where the unit is domiciled
shall issue a license for a mobile food unit.
An application for renewal of a license shall be made
at least thirty days before the expiration of the existing
license.
Sec. 22. Section 137F.6, subsection 1, Code 2016, is amended
to read as follows:
1. The regulatory authority shall collect the following
annual license fees:
a. For a mobile food unit or pushcart, twenty-seven two
hundred fifty dollars.
b. For a temporary food establishment per fixed location
for a single event , thirty-three dollars and fifty cents fifty
dollars .
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 basis.
c. d. For a vending machine, twenty fifty dollars for
the first machine and five twenty dollars for each additional
machine.
d. e. For a food establishment which prepares or serves
food for individual portion service intended for consumption
on-the-premises, the annual license fee shall correspond to the
annual gross food and beverage sales of the food establishment,
as follows:
(1) Annual gross sales of under fifty less than one hundred
thousand dollars, sixty-seven dollars and fifty cents one
hundred fifty dollars .
(2) Annual gross sales of at least fifty one hundred
thousand dollars but less than one five hundred thousand
dollars, one hundred fourteen dollars and fifty cents three
hundred dollars .
-9-
LSB 6029SC (1) 86
tr/nh 9/ 15

S.F. _____
(3) Annual gross sales of at least one five hundred thousand
dollars but less than two hundred fifty thousand dollars, two
hundred thirty-six dollars and twenty-five cents or more, four
hundred dollars .
(4) Annual gross sales of two hundred fifty thousand dollars
but less than five hundred thousand dollars, two hundred
seventy-five dollars.
(5) Annual gross sales of five hundred thousand dollars or
more, three hundred three dollars and seventy-five cents.
e. f. For a food establishment which sells food or food
products to consumer customers intended for preparation or
consumption off-the-premises, the annual license fee shall
correspond to the annual gross food and beverage sales of the
food establishment, as follows:
(1) Annual gross sales of under ten less than two hundred
fifty thousand dollars, forty dollars and fifty cents one
hundred fifty dollars .
(2) Annual gross sales of at least ten two hundred fifty
thousand dollars but less than two seven hundred fifty thousand
dollars, one hundred one dollars and twenty-five cents three
hundred dollars .
(3) Annual gross sales of at least two seven hundred fifty
thousand dollars but less than five hundred thousand dollars,
one hundred fifty-five dollars and twenty-five cents or more,
four hundred dollars .
(4) Annual gross sales of at least five hundred thousand
dollars but less than seven hundred fifty thousand dollars, two
hundred two dollars and fifty cents.
(5) Annual gross sales of seven hundred fifty thousand
dollars or more, three hundred three dollars and seventy-five
cents.
f. g. 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:
(1) Annual gross sales of under fifty less than two hundred
-10-
LSB 6029SC (1) 86
tr/nh 10/ 15

S.F. _____
thousand dollars, sixty-seven dollars and fifty cents one
hundred fifty dollars .
(2) Annual gross sales of at least fifty two hundred
thousand dollars but less than two hundred fifty thousand
million dollars, one hundred thirty-five dollars three hundred
dollars .
(3) Annual gross sales of at least two hundred fifty
thousand million dollars but less than five hundred thousand
dollars, two hundred two dollars and fifty cents or more, five
hundred dollars .
(4) Annual gross sales of five hundred thousand dollars or
more, three hundred thirty-seven dollars and fifty cents.
g. h. For a farmers market where potentially hazardous
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 basis.
i. For a school, three hundred dollars for a production
kitchen and two hundred dollars for a serving site.
j. For a certificate of free sale or sanitation, thirty-five
dollars for the first certificate and ten dollars for each
additional identical certificate requested at the same time.
h. k. For a food establishment covered by both paragraphs
“d” “e” and “e” “f” , the license fees assessed shall be an
amount not to exceed seventy-five percent of the total fees
applicable under both paragraphs applicant shall pay the
licensee fee based on the dominant form of business plus one
hundred fifty dollars .
Sec. 23. Section 137F.6, subsection 2, Code 2016, is amended
by striking the subsection.
Sec. 24. Section 137F.10, Code 2016, is amended to read as
follows:
137F.10 Regular inspections.
The appropriate regulatory authority shall provide for the
inspection of each food establishment and food processing plant
in this state in accordance with this chapter and with rules
-11-
LSB 6029SC (1) 86
tr/nh 11/ 15

S.F. _____
adopted pursuant to this chapter in accordance with chapter
17A . A regulatory authority may enter a food establishment
or food processing plant at any reasonable hour to conduct
an inspection. The manager or person in charge of the food
establishment or food processing plant shall afford free
access to every part of the premises and render all aid and
assistance necessary to enable the regulatory authority to make
a thorough and complete inspection. As part of the inspection
process, the regulatory authority shall provide an explanation
of the violation or violations cited and provide guidance as
to actions for correction and elimination of the violation
or violations. The regulatory authority shall document the
violations as it deems appropriate. A food establishment or
food processing plant being inspected pursuant to this section
shall provide the regulatory authority with access to records
necessary to determine compliance with this chapter and rules
adopted pursuant to this chapter. The regulatory authority may
take food or environmental samples as necessary to determine
compliance with this chapter and rules adopted pursuant to this
chapter.
Sec. 25. Section 137F.11, Code 2016, is amended to read as
follows:
137F.11 Inspection upon complaint.
Upon receipt of a complaint by a customer of a food
establishment or food processing plant stating facts indicating
the premises are in an unsanitary condition of a food
establishment or food processing plant are not in compliance
with this chapter or the rules adopted pursuant to this
chapter , the regulatory authority may conduct an inspection.
The regulatory authority shall keep the name of the person
making the complaint confidential upon that person’s request.
Sec. 26. REPEAL. Section 137F.17, Code 2016, is repealed.
EXPLANATION
The inclusion of this explanation does not constitute agreement with
the explanation’s substance by the members of the general assembly.
-12-
LSB 6029SC (1) 86
tr/nh 12/ 15

S.F. _____
This bill relates to food and consumer safety by changing
requirements for the hotel sanitation, home food establishment,
food establishment and food processing plants Code chapters.
Division I of the bill changes the information the local
board of health responsible for enforcing the Iowa hotel
sanitation code is required to provide to the director of
the department of inspections and appeals regarding the
hotel licenses granted in the year. The division requires a
regulatory authority, meaning the department of inspections and
appeals or a local board of health, in conducting inspections
of hotels to do so in accordance with rules adopted by the
department of inspections and appeals. The division provides
that licensees may be subject to a penalty of 10 percent of
the license fee per month rather than a flat 10 percent upon
failure to renew a license on or before the expiration date.
The division also changes the license fee schedule for hotel
licenses. The division provides that if anyone, rather than
just a guest of a hotel, files a complaint that the premises
is unsanitary, the regulatory authority must conduct an
inspection.
Division II of the bill changes the term “home food
establishment” to “home bakery”. The division provides that
the term “prepared food” for purposes of the home bakeries
Code chapter means baked goods that are time and temperature
controlled for food safety rather than hazardous baked goods.
The division increases the fee for a home bakery license from
$33.75 to $50.
Division III of the bill relates to food establishments
and food processing plants. The division eliminates a food
service operation in the Iowa juvenile home from the definition
of food establishment. The division adds a definition for
“time/temperature control for safety food” and replaces
references to potentially hazardous food with this phrase.
The division defines the term “event” as a significant
occurrence or happening sponsored by a civic, business,
-13-
LSB 6029SC (1) 86
tr/nh 13/ 15

S.F. _____
educational, governmental, community, or veterans organization
and may include athletic contests. The division modifies
the definitions of “vending machine” and “vending machine
location”.
The division eliminates the annual report a municipal
corporation responsible for enforcing the food establishments
and food processing plants Code chapter must provide the
director of inspections and appeals, but requires the municipal
corporation to use the data system prescribed by the director.
The division requires a food establishment or food
processing plant seeking licensure under the Code chapter to
renew prior to the time of the expiration of licensure or
within 60 days of the expiration date.
The division adds a $250 general application fee
for licensure under the Code chapter. This general
application fee does not apply to farmers markets, temporary
food establishments for a single event, temporary food
establishments for multiple nonconcurrent events, or vending
machines. However, the division requires a person conducting
an event to submit an application and a $50 application fee
to the appropriate regulatory authority 60 days prior to the
event. For purposes of this application and application fee,
an “event” does not include a fair as defined in Code section
174.1 or a farmers market with 10 or more temporary food
establishments.
The division changes the license fee schedule for mobile
food units or pushcarts, temporary food establishments
per fixed location for a single event, temporary food
establishments for multiple nonconcurrent events, vending
machines, food establishments which prepare or serve food for
individual portion service intended for consumption on the
premises, food establishments which sell food or food products
intended for consumption off the premises, food processing
plants, and farmers markets. The division adds new categories
of license fees for schools with production kitchens or serving
-14-
LSB 6029SC (1) 86
tr/nh 14/ 15

S.F. _____
sites and for certificates of free sale or sanitation.
The division provides that the regulatory authority
must document violations during regular inspections as it
deems appropriate. The division also states that a food
establishment or food processing plant being inspected shall
provide the regulatory authority access to records necessary to
determine compliance and the regulatory authority may take food
or environmental samples.
The division provides that if any person, rather than
a customer, files a complaint that the premises of a food
establishment or food processing plant are not in compliance
with the food establishments and food processing plants Code
chapter, the regulatory authority may conduct an inspection.
The bill allows the person filing the complaint to keep their
name confidential.
The division repeals the Code section subjecting persons in
violation of the food establishments and food processing plants
Code chapter to a $100 penalty.
-15-
LSB 6029SC (1) 86
tr/nh 15/ 15