Bill Text: IA HF2682 | 2023-2024 | 90th General Assembly | Introduced
Bill Title: A bill for an act providing for the licensing of food processing plants, including certain operations located on the premises of farms or private residences, and providing fees.(Formerly HF 2444.)
Spectrum: Committee Bill
Status: (Engrossed - Dead) 2024-04-11 - Subcommittee: Driscoll, Brown, and Winckler. S.J. 821. [HF2682 Detail]
Download: Iowa-2023-HF2682-Introduced.html
House
File
2682
-
Introduced
HOUSE
FILE
2682
BY
COMMITTEE
ON
WAYS
AND
MEANS
(SUCCESSOR
TO
HF
2444)
A
BILL
FOR
An
Act
providing
for
the
licensing
of
food
processing
plants,
1
including
certain
operations
located
on
the
premises
of
2
farms
or
private
residences,
and
providing
fees.
3
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
4
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Section
1.
Section
137F.1,
subsection
10,
Code
2024,
is
1
amended
to
read
as
follows:
2
10.
a.
“Food
processing
plant”
means
a
any
of
the
3
following:
4
(1)
A
commercial
operation
that
manufactures,
packages,
5
labels,
or
stores
food
for
human
consumption
and
does
not
6
provide
food
directly
to
a
consumer
for
distribution
or
sale
on
7
a
wholesale
basis
.
8
(2)
An
operation
located
on
the
premises
of
a
farm
or
9
private
residence
that
stores
officially
processed
packaged
10
meat
or
poultry
raised
by
the
licensee
and
offered
for
sale
on
11
a
wholesale
or
retail
basis.
12
b.
“Food
processing
plant”
does
not
include
any
of
the
13
following:
14
a.
(1)
A
premises
covered
by
a
class
“A”
beer
permit
as
15
provided
in
chapter
123
.
16
b.
(2)
A
premises
of
a
residence
in
which
honey
is
stored;
17
prepared;
packaged,
including
by
placement
in
a
container;
18
labeled;
or
from
which
honey
is
distributed.
19
c.
(3)
A
premises
covered
by
a
class
“A”
wine
permit
as
20
provided
in
chapter
123
.
21
d.
(1)
(4)
(a)
The
premises
of
a
raw
milk
dairy
where
raw
22
milk
is
produced,
processed,
labeled,
marketed,
or
distributed
23
by
a
raw
milk
producer
in
compliance
with
chapter
195
.
24
(2)
(b)
A
premises
of
a
raw
milk
dairy
where
a
raw
milk
25
product
or
raw
milk
dairy
product
is
manufactured,
labeled,
26
marketed,
or
distributed
by
a
raw
milk
producer
in
compliance
27
with
chapter
195
.
28
Sec.
2.
Section
137F.6,
subsection
1,
paragraph
g,
Code
29
2024,
is
amended
by
striking
the
paragraph
and
inserting
in
30
lieu
thereof
the
following:
31
g.
(1)
Except
as
provided
in
subparagraph
(2),
for
a
food
32
processing
plant,
the
annual
license
fee
shall
correspond
to
33
the
annual
gross
food
and
beverage
sales
of
the
food
processing
34
plant,
as
follows:
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(a)
For
annual
gross
sales
of
less
than
two
hundred
thousand
1
dollars,
one
hundred
fifty
dollars.
2
(b)
For
annual
gross
sales
of
at
least
two
hundred
thousand
3
dollars
but
less
than
two
million
dollars,
three
hundred
4
dollars.
5
(c)
For
annual
gross
sales
of
two
million
dollars
or
more,
6
five
hundred
dollars.
7
(2)
For
a
food
processing
plant
operating
on
the
premises
of
8
a
farm
or
private
residence
that
stores
officially
processed
9
packaged
meat
or
poultry
derived
from
animals
raised
by
the
10
licensee
and
offered
for
sale
on
a
wholesale
or
retail
basis,
11
the
license
fee
is
seventy-five
dollars.
12
EXPLANATION
13
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
14
the
explanation’s
substance
by
the
members
of
the
general
assembly.
15
BACKGROUND.
Code
chapter
137F
regulates
businesses
engaged
16
in
commercial
food
preparation
and
sale.
The
regulations
are
17
administered
and
enforced
by
the
department
of
inspections,
18
appeals,
and
licensing.
One
such
regulated
establishment
is
19
a
food
processing
plant
(plant)
that
manufactures,
packages,
20
labels,
or
stores
food
for
human
consumption
but
does
not
21
provide
food
directly
to
a
consumer
on
a
retail
basis
(Code
22
section
137F.1).
A
plant
must
be
licensed
by
the
department
23
(Code
sections
137F.3
and
137F.4)
and
pay
an
associated
license
24
fee
(Code
section
137F.6).
In
2023,
the
general
assembly
25
enacted
legislation
that
revised
the
method
used
to
calculate
26
annual
license
fees
imposed
on
plants
(2023
Iowa
Acts,
chapter
27
82).
The
fee
amount
is
based
on
a
series
of
increasing
steps
28
calculated
using
the
plant’s
gross
annual
sales
during
the
29
prior
year.
The
first
step
is
$75
for
gross
sales
up
to
but
not
30
including
$50,000,
the
second
step
is
$150
for
gross
sales
of
31
$50,000
or
more
but
less
than
$200,000,
the
third
step
is
$300
32
for
gross
sales
of
$200,000
or
more
but
less
than
$2
million,
33
and
the
fourth
step
is
$500
for
gross
sales
of
$2
million
or
34
more
(Code
section
137F.6).
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BILL’S
PROVISIONS
——
EXPANDED
DESCRIPTION
OF
FOOD
PROCESSING
1
PLANTS.
This
bill
provides
that
a
plant
includes
an
operation
2
located
on
the
premises
of
a
farm
or
private
residence
that
3
stores
officially
processed
packaged
meat
or
poultry
raised
4
by
the
licensee
and
offered
for
sale
on
either
a
wholesale
or
5
retail
basis.
6
BILL’S
PROVISIONS
——
LICENSE
FEES.
The
bill
also
revises
7
the
license
fee
schedule
for
plants.
It
distinguishes
between
8
two
categories
of
plants:
the
first
is
a
general
category
9
and
the
second
is
a
category
of
plant
where
meat
is
processed
10
on
the
premises
of
a
farm
or
private
residence.
Under
the
11
general
category,
the
fee
amount
is
based
on
a
series
of
three
12
increasing
steps
calculated
again
using
the
plant’s
gross
13
annual
sales.
For
a
plant
with
annual
gross
sales
of
less
14
than
$200,000,
the
fee
amount
is
$150;
for
a
plant
with
annual
15
gross
sales
of
at
least
$200,000
but
less
than
$2
million,
the
16
fee
amount
is
$300;
and
for
a
plant
with
annual
gross
sales
of
17
$2
million
or
more,
the
fee
amount
is
$500.
Under
the
second
18
category,
the
fee
amount
is
a
flat
$75.
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