Bill Text: IA HF2394 | 2021-2022 | 89th General Assembly | Introduced
Bill Title: A bill for an act relating to the regulation of specified food establishments and home food establishments.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2022-02-15 - Introduced, referred to State Government. H.J. 255. [HF2394 Detail]
Download: Iowa-2021-HF2394-Introduced.html
House
File
2394
-
Introduced
HOUSE
FILE
2394
BY
THOMPSON
A
BILL
FOR
An
Act
relating
to
the
regulation
of
specified
food
1
establishments
and
home
food
establishments.
2
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
3
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Section
1.
Section
137D.1,
Code
2022,
is
amended
to
read
as
1
follows:
2
137D.1
Definitions.
3
As
used
in
this
chapter
,
unless
the
context
otherwise
4
requires:
5
1.
“Food”
means
any
raw,
cooked,
or
processed
edible
6
substance,
ice,
beverage,
or
ingredient
used
or
intended
for
7
use
or
sale
in
whole
or
in
part
for
human
consumption.
8
2.
“Department”
means
the
department
of
inspections
and
9
appeals.
10
1.
“Department”
means
the
department
of
inspections
and
11
appeals.
12
2.
“Food”
means
any
raw,
cooked,
or
processed
edible
13
substance,
ice,
beverage,
or
ingredient
used
or
intended
for
14
use
or
sale
in
whole
or
in
part
for
human
consumption.
15
3.
“Home
bakery
food
establishment
”
means
a
business
on
16
the
premises
of
a
residence
in
which
prepared
time/temperature
17
control
for
safety
food
is
created
items
are
produced
for
18
sale
or
resale,
for
consumption
off
the
premises,
if
the
19
business
has
gross
annual
sales
of
prepared
food
of
less
20
than
thirty-five
fifty
thousand
dollars
for
time/temperature
21
control
for
safety
food
items
.
However,
“home
bakery
food
22
establishment
”
does
not
include
a
residence
in
which
food
is
23
prepared
to
be
used
or
sold
by
churches,
fraternal
societies,
24
charitable
organizations,
or
civic
organizations.
25
4.
“Prepared
food”
means
soft
pies,
bakery
products
26
with
a
custard
or
cream
filling,
or
baked
goods
that
are
a
27
time/temperature
control
for
safety
food.
“Prepared
food”
does
28
not
include
baked
goods
that
are
not
a
time/temperature
control
29
for
safety
food,
including
but
not
limited
to
breads,
fruit
30
pies,
cakes,
or
other
pastries
that
are
not
a
time/temperature
31
control
for
safety
food.
“Homemade
food
item”
means
a
food
32
item,
including
a
nonalcoholic
beverage,
which
is
produced
and,
33
if
packaged,
packaged
at
a
home
food
establishment.
34
5.
“Produce”
means
to
prepare
a
food
item
by
cooking,
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baking,
drying,
mixing,
cutting,
fermenting,
preserving,
1
dehydrating,
growing,
raising,
or
other
process.
2
5.
6.
“Time/temperature
control
for
safety
food”
means
a
3
food
that
requires
time
and
temperature
controls
for
safety
to
4
limit
pathogenic
microorganism
growth
or
toxin
formation.
5
Sec.
2.
Section
137D.2,
Code
2022,
is
amended
to
read
as
6
follows:
7
137D.2
Licenses
and
inspections.
8
1.
A
person
shall
not
open
or
operate
a
home
bakery
9
food
establishment
until
a
license
has
been
obtained
from
10
the
department
of
inspections
and
appeals.
The
department
11
shall
collect
a
fee
of
fifty
dollars
for
a
license.
After
12
collection,
the
fees
shall
be
deposited
in
the
general
fund
of
13
the
state.
A
license
shall
expire
one
year
from
date
of
issue.
14
A
license
is
renewable.
15
2.
A
person
shall
not
sell
or
distribute
from
a
home
bakery
16
food
establishment
if
the
home
bakery
food
establishment
is
17
unlicensed,
the
license
of
the
home
bakery
food
establishment
18
is
suspended,
or
the
food
fails
to
meet
standards
adopted
for
19
such
food
by
the
department.
20
3.
An
application
for
a
license
under
this
chapter
shall
be
21
made
upon
a
form
furnished
by
the
department
and
shall
contain
22
the
items
required
by
it
according
to
rules
adopted
by
the
23
department.
24
4.
The
department
shall
regulate,
license,
and
inspect
home
25
bakeries
food
establishments
according
to
standards
adopted
by
26
rule.
27
5.
The
department
shall
provide
for
the
periodic
inspection
28
of
a
home
bakery
food
establishment
.
The
inspector
may
enter
29
the
home
bakery
food
establishment
at
any
reasonable
hour
to
30
make
the
inspection.
The
department
shall
inspect
only
those
31
areas
related
to
preparing
food
for
sale.
32
6.
The
department
shall
regulate
and
inspect
food
prepared
33
at
a
home
bakery
food
establishment
according
to
standards
34
adopted
by
rule
that
are
consistent
with
this
chapter
.
The
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inspection
may
occur
at
any
place
where
the
prepared
food
is
1
created,
transported,
or
stored
for
sale
or
resale.
2
7.
A
home
food
establishment
shall
affix
or
label
a
homemade
3
food
item
with
the
following
information:
4
a.
Information
to
identify
the
name
and
address
of
the
home
5
food
establishment.
6
b.
The
common
name
of
the
food.
7
c.
The
ingredients
of
the
homemade
food
item
in
descending
8
order
of
predominance.
9
d.
The
following
statement:
“This
product
was
produced
at
a
10
home
food
establishment.
This
product
may
contain
allergens.”
11
Sec.
3.
Section
137D.3,
Code
2022,
is
amended
to
read
as
12
follows:
13
137D.3
Penalty.
14
A
person
who
violates
a
provision
of
this
chapter
,
including
15
a
standard
adopted
by
departmental
rule,
relating
to
home
16
bakeries
food
establishments
or
prepared
foods
created
homemade
17
food
items
produced
in
a
home
bakery,
is
guilty
of
a
simple
18
misdemeanor
food
establishment
shall
be
subject
to
a
civil
19
penalty
in
the
amount
of
one
hundred
dollars
per
violation
.
20
Each
day
that
the
violation
continues
constitutes
a
separate
21
offense
violation
.
22
Sec.
4.
Section
137D.4,
Code
2022,
is
amended
to
read
as
23
follows:
24
137D.4
Injunction.
25
A
person
operating
a
home
bakery
food
establishment
26
or
selling
prepared
foods
created
at
a
home
bakery
food
27
establishment
in
violation
of
a
provision
of
this
chapter
28
may
be
restrained
by
injunction
from
further
operating
29
that
home
bakery
food
establishment
.
If
an
imminent
health
30
hazard
exists,
the
home
bakery
food
establishment
must
cease
31
operation.
Operation
shall
not
be
resumed
until
authorized
by
32
the
department.
33
Sec.
5.
Section
137D.8,
Code
2022,
is
amended
to
read
as
34
follows:
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137D.8
Suspension
or
revocation
of
licenses.
1
The
department
may
suspend
or
revoke
a
license
issued
to
a
2
person
under
this
chapter
if
any
of
the
following
occurs:
3
1.
The
person’s
home
bakery
food
establishment
does
not
4
conform
to
a
provision
of
this
chapter
or
a
rule
adopted
5
pursuant
to
this
chapter
.
6
2.
The
person
violates
a
provision
of
this
chapter
or
a
rule
7
adopted
pursuant
to
this
chapter
.
8
3.
The
person
conducts
an
activity
constituting
a
criminal
9
offense
in
the
home
bakery
food
establishment
and
is
convicted
10
of
a
serious
misdemeanor
or
a
more
serious
offense
as
a
result.
11
Sec.
6.
Section
137F.1,
Code
2022,
is
amended
by
adding
the
12
following
new
subsection:
13
NEW
SUBSECTION
.
2A.
“Cottage
food”
means
the
production
14
and
sale
of
food
produced
at
a
private
residence
other
than
15
time/temperature
control
for
safety
food
as
provided
in
section
16
137F.20.
17
Sec.
7.
Section
137F.1,
subsection
8,
paragraphs
d,
e,
and
18
f,
Code
2022,
are
amended
to
read
as
follows:
19
d.
Premises
which
are
a
home
bakery
pursuant
to
food
20
establishment
as
defined
in
chapter
137D
.
21
e.
Premises
where
a
person
operates
a
farmers
market
,
if
22
time/temperature
control
for
safety
foods
are
not
sold
or
23
distributed
from
the
premises
.
24
f.
Premises
of
a
residence
in
which
cottage
food
that
is
not
25
a
time/temperature
control
for
safety
food
is
prepared
and
sold
26
for
consumption
off
the
premises
to
a
consumer
customer,
if
the
27
food
is
labeled
to
identify
the
name
and
address
of
the
person
28
preparing
the
food
,
and
the
common
name
of
the
food.
29
Sec.
8.
Section
137F.1,
subsection
8,
paragraph
g,
Code
30
2022,
is
amended
by
striking
the
paragraph.
31
Sec.
9.
NEW
SECTION
.
137F.20
Cottage
food
——
requirements.
32
Cottage
food
is
exempt
from
all
licensing,
permitting,
33
inspection,
packaging,
and
labeling
laws
of
the
state
if
the
34
food
is
sold
and
delivered
by
the
producer
directly
to
the
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consumer,
or
delivered
by
mail
or
an
agent
of
the
producer.
A
1
producer
may
sell
food
to
the
consumer
in
person,
remotely,
by
2
telephone,
by
internet,
by
an
agent
of
the
producer,
or
by
a
3
third-party
vendor
to
the
consumer.
4
1.
The
food
shall
be
affixed
or
labeled
with
the
following
5
information:
6
a.
Information
to
identify
the
name
and
address
of
the
home
7
food
establishment.
8
b.
The
common
name
of
the
food.
9
c.
The
ingredients
of
the
homemade
food
item
in
descending
10
order
of
predominance.
11
d.
The
following
statement:
“This
product
was
produced
at
a
12
home
food
establishment.
This
product
may
contain
allergens.”
13
2.
In
addition
to
the
transactions
permitted
under
this
14
section,
cottage
food
producers
may
sell
food
made
in
a
15
private
residence
to
the
maximum
extent
permitted
by
federal
16
law.
Nothing
in
this
section
shall
be
construed
to
be
more
17
restrictive
than
applicable
federal
requirements.
18
EXPLANATION
19
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
20
the
explanation’s
substance
by
the
members
of
the
general
assembly.
21
This
bill
relates
to
the
sale
and
production
of
food
produced
22
by
private
residences.
23
The
bill
modifies
the
definition
of
“home
bakery”
to
“home
24
food
establishment”
and
makes
conforming
amendments.
The
bill
25
defines
“homemade
food
item”
to
mean
a
food
that
is
produced
26
and,
if
packaged,
packaged
at
a
home
food
establishment.
The
27
bill
defines
“produce”
to
mean
food
prepared
by
cooking,
28
baking,
drying,
mixing,
cutting,
fermenting,
preserving,
29
dehydrating,
growing,
raising,
or
other
food
methods.
30
The
bill
provides
that
a
violation
of
the
bill’s
provisions
31
may
result
in
a
$100
fine.
The
bill
provides
that
a
home
food
32
establishment
shall
label
homemade
food
items
with
information
33
including
the
name
of
the
food
producer,
the
name
of
the
food,
34
the
ingredients,
and
a
disclaimer.
Current
law
provides
that
a
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home
bakery
is
guilty
of
a
simple
misdemeanor
for
violations
of
1
Code
chapter
137D.
2
The
bill
defines
“cottage
food”
to
mean
the
production
and
3
sale
of
food
produced
at
a
private
residence
that
is
not
a
4
time/temperature
control
for
safety
food.
The
bill
provides
5
that
cottage
food
is
exempt
from
all
licensing,
permitting,
6
inspection,
packaging,
and
labeling
upon
certain
conditions
7
being
met.
The
conditions
include
the
manner
of
sale
between
a
8
food
producer
and
consumer,
a
requirement
of
labeling
regarding
9
the
name
and
address
of
the
producer,
the
name
of
the
food,
the
10
ingredients,
and
a
disclaimer.
11
Current
law
does
not
include
a
kitchen
in
a
private
home
12
where
food
is
prepared
or
stored
for
family
consumption
or
a
13
kitchen
in
a
bed
and
breakfast
home
in
the
definition
of
“food
14
establishment”
for
purposes
of
Code
chapter
137F.
The
bill
15
strikes
this
exclusion.
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