Bill Text: IA HF638 | 2021-2022 | 89th General Assembly | Introduced
Bill Title: A bill for an act relating to the production and sale of food on the premises of a residence or farmers market, and making penalties applicable.
Spectrum: Partisan Bill (Republican 2-0)
Status: (Introduced - Dead) 2021-03-02 - Subcommittee recommends amendment and passage. Vote Total: 2-0 [HF638 Detail]
Download: Iowa-2021-HF638-Introduced.html
House
File
638
-
Introduced
HOUSE
FILE
638
BY
WHEELER
and
WILLS
A
BILL
FOR
An
Act
relating
to
the
production
and
sale
of
food
on
the
1
premises
of
a
residence
or
farmers
market,
and
making
2
penalties
applicable.
3
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
4
TLSB
1948YH
(6)
89
ss/rn
H.F.
638
Section
1.
Section
10A.104,
subsection
11,
Code
2021,
is
1
amended
to
read
as
follows:
2
11.
Administer
inspections
and
licensing
of
hotels
and
home
3
bakeries
food
establishments
.
4
Sec.
2.
Section
137D.1,
Code
2021,
is
amended
to
read
as
5
follows:
6
137D.1
Definitions.
7
As
used
in
this
chapter
unless
the
context
otherwise
8
requires:
9
1.
“Food”
means
any
raw,
cooked,
or
processed
edible
10
substance,
ice,
beverage,
or
ingredient
used
or
intended
11
for
use
or
sale
in
whole
or
in
part
for
human
consumption
12
“Delivered”
means
transferred
to
the
consumer,
either
13
immediately
upon
sale
or
at
a
time
thereafter
.
14
2.
“Department”
means
the
department
of
inspections
and
15
appeals.
16
3.
“Home
bakery”
“Home
food
establishment”
means
a
business
17
on
the
premises
of
a
residence
in
which
prepared
homemade
18
food
is
created
for
sale
or
resale,
for
consumption
off
the
19
premises,
if
the
business
has
gross
annual
sales
of
prepared
20
food
of
less
than
thirty-five
thousand
dollars.
However,
“home
21
bakery”
does
not
include
a
residence
in
which
food
is
prepared
22
to
be
used
or
sold
by
churches,
fraternal
societies,
charitable
23
organizations,
or
civic
organizations
items
are
prepared
for
24
sale
under
this
chapter
.
25
4.
“Prepared
food”
“Homemade
food
item”
means
soft
pies,
26
bakery
products
with
a
custard
or
cream
filling,
or
baked
27
goods
that
are
a
time/temperature
control
for
safety
food.
28
“Prepared
food”
does
not
include
baked
goods
that
are
not
a
29
time/temperature
control
for
safety
food,
including
but
not
30
limited
to
breads,
fruit
pies,
cakes,
or
other
pastries
that
31
are
not
a
time/temperature
control
for
safety
food
a
food
item,
32
including
a
nonalcoholic
beverage,
which
is
produced
and,
if
33
packaged,
packaged
at
a
home
food
establishment
.
34
5.
“Time/temperature
control
for
safety
food”
means
a
35
-1-
LSB
1948YH
(6)
89
ss/rn
1/
5
H.F.
638
food
that
requires
time
and
temperature
controls
for
safety
1
to
limit
pathogenic
microorganism
growth
or
toxin
formation
2
“Nonpotentially
hazardous”
means
food
that
does
not
require
3
time/temperature
control
for
safety
to
limit
pathogenic
4
organism
growth
or
toxin
formation
.
5
6.
“Potentially
hazardous”
means
food
that
requires
6
time/temperature
control
for
safety
to
limit
pathogenic
7
organism
growth
or
toxin
formation.
8
7.
“Produce”
means
to
prepare
a
food
item
by
cooking,
9
baking,
drying,
mixing,
cutting,
fermenting,
preserving,
10
dehydrating,
growing,
raising,
or
other
process.
11
8.
“Producer”
means
a
person
who
produces
a
homemade
food
12
item
in
a
home
food
establishment.
13
9.
“Seller”
means
a
person
who
sells
a
homemade
food
item
14
to
a
consumer.
15
Sec.
3.
Section
137D.2,
Code
2021,
is
amended
by
striking
16
the
section
and
inserting
in
lieu
thereof
the
following:
17
137D.2
Home
food
establishments
——
exemptions.
18
1.
A
home
food
establishment
may
produce
a
homemade
19
food
item
without
complying
with
any
licensing,
permitting,
20
inspection,
packaging,
or
labeling
laws
of
the
state
or
a
21
political
subdivision
of
the
state,
provided
that
the
home
food
22
establishment
meets
all
of
the
following
requirements:
23
a.
(1)
For
a
nonpotentially
hazardous
homemade
food
item,
24
the
homemade
food
item
is
sold
and
delivered
by
the
seller
to
25
the
consumer,
whether
in
person
or
remotely.
26
(2)
For
a
potentially
hazardous
homemade
food
item,
the
27
homemade
food
item
is
sold
by
the
producer
to
the
consumer,
28
either
in
person
or
remotely,
and
delivered
by
the
producer
to
29
the
consumer
in
person.
30
b.
The
following
information
is
provided
to
the
consumer
as
31
provided
in
paragraph
“c”
:
32
(1)
The
name,
home
or
post
office
box
address,
and
telephone
33
number
of
the
home
food
establishment
that
produced
the
34
homemade
food
item.
35
-2-
LSB
1948YH
(6)
89
ss/rn
2/
5
H.F.
638
(2)
The
common
or
usual
name
of
the
homemade
food
item.
1
(3)
The
ingredients
of
the
homemade
food
item
in
descending
2
order
of
predominance.
3
(4)
The
following
statement:
4
This
product
was
produced
by
a
home
food
establishment
that
is
5
exempt
from
state
licensing
laws
and
inspection.
This
product
6
may
contain
allergens.
7
c.
The
information
required
by
paragraph
“b”
shall
be
8
provided
in
one
of
the
following
manners:
9
(1)
On
a
label
affixed
to
the
package,
if
the
homemade
food
10
item
is
packaged.
11
(2)
On
a
label
affixed
to
the
container,
if
the
homemade
12
food
item
is
offered
for
sale
from
a
bulk
container.
13
(3)
On
a
placard
displayed
at
the
point
of
sale,
if
the
14
homemade
food
item
is
neither
packaged
nor
offered
for
sale
15
from
a
bulk
container.
16
(4)
On
the
internet
site
on
which
the
homemade
food
item
is
17
offered
for
sale,
if
the
homemade
food
item
is
offered
for
sale
18
on
the
internet.
19
(5)
Orally,
if
the
homemade
food
item
is
sold
by
telephone
20
or
custom
order,
provided
that
the
information
shall
also
be
21
made
readily
available
to
the
consumer
upon
delivery.
22
d.
The
homemade
food
item
must
not
be
meat,
meat
byproduct,
23
meat
food
product,
poultry,
poultry
byproduct,
or
poultry
24
food
product
as
those
terms
are
defined
in
the
federal
Meat
25
Inspection
Act,
as
amended,
21
U.S.C.
§601
et
seq.,
or
the
26
federal
Poultry
Products
Inspection
Act,
as
amended,
21
U.S.C.
27
§451
et
seq.,
unless
the
production
and
sale
of
the
item
is
28
within
an
exemption
in
9
C.F.R.
§303.1(d),
§381.10(c),
or
29
§381.10(d),
and
the
home
food
establishment
complies
with
other
30
applicable
federal
regulations.
31
2.
This
section
does
not
exempt
a
home
food
establishment
32
from
a
requirement
to
register
a
producer
or
seller’s
name,
33
address,
and
other
identification
with
the
state.
34
Sec.
4.
Section
137D.3,
Code
2021,
is
amended
to
read
as
35
-3-
LSB
1948YH
(6)
89
ss/rn
3/
5
H.F.
638
follows:
1
137D.3
Penalty.
2
A
person
who
violates
a
provision
of
this
chapter
,
including
3
a
standard
adopted
by
departmental
rule,
relating
to
home
4
bakeries
food
establishments
or
prepared
foods
created
produced
5
in
a
home
bakery
food
establishment
,
is
guilty
of
a
simple
6
misdemeanor.
Each
day
that
the
violation
continues
constitutes
7
a
separate
offense.
8
Sec.
5.
Section
137D.4,
Code
2021,
is
amended
to
read
as
9
follows:
10
137D.4
Injunction.
11
A
person
operating
a
home
bakery
or
selling
prepared
foods
12
created
at
a
home
bakery
food
establishment
in
violation
of
13
a
provision
of
this
chapter
may
be
restrained
by
injunction
14
from
further
operating
that
home
bakery
food
establishment
.
15
If
an
imminent
health
hazard
exists,
the
home
bakery
food
16
establishment
must
cease
operation.
Operation
shall
not
be
17
resumed
until
authorized
by
the
department.
18
Sec.
6.
Section
137D.6,
Code
2021,
is
amended
to
read
as
19
follows:
20
137D.6
Conflicts
with
state
building
code.
21
Provisions
of
this
chapter
,
including
standards
for
home
22
bakeries
food
establishments
adopted
by
the
department,
in
23
conflict
with
the
state
building
code,
as
adopted
pursuant
24
to
section
103A.7
,
shall
not
apply
where
the
state
building
25
code
has
been
adopted
or
when
the
state
building
code
applies
26
throughout
the
state.
27
Sec.
7.
Section
137F.1,
subsection
8,
paragraphs
b,
c,
d,
28
and
e,
Code
2021,
are
amended
to
read
as
follows:
29
b.
An
establishment
that
is
not
a
home
food
establishment
as
30
defined
in
section
137D.1
that
offers
only
prepackaged
foods
31
that
are
not
time/temperature
control
for
safety
foods.
32
c.
A
produce
stand
or
facility
which
sells
only
whole,
uncut
33
fresh
fruits
and
vegetables
or
homemade
food
items
produced
by
34
a
home
food
establishment
pursuant
to
chapter
137D
.
35
-4-
LSB
1948YH
(6)
89
ss/rn
4/
5
H.F.
638
d.
Premises
which
are
a
home
bakery
food
establishment
as
1
defined
in
section
137D.1
pursuant
to
chapter
137D
.
2
e.
Premises
where
a
person
operates
a
farmers
market
,
if
3
time/temperature
control
for
safety
foods
are
not
sold
or
4
distributed
from
the
premises
.
5
Sec.
8.
Section
137F.1,
subsection
8,
paragraph
f,
Code
6
2021,
is
amended
by
striking
the
paragraph.
7
Sec.
9.
REPEAL.
Section
137D.8,
Code
2021,
is
repealed.
8
EXPLANATION
9
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
10
the
explanation’s
substance
by
the
members
of
the
general
assembly.
11
This
bill
relates
to
the
production
of
food
on
the
premises
12
of
a
residence.
The
bill
replaces
the
term
“home
bakery”
13
with
“home
food
establishment”.
The
bill
authorizes
a
home
14
food
establishment
to
sell
homemade
food
items,
as
defined
in
15
the
bill,
without
complying
with
any
licensing
or
inspection
16
requirements,
provided
that
the
home
food
establishment
meets
17
certain
requirements
regarding
the
sale,
labeling,
and
delivery
18
of
the
homemade
food
item.
The
bill
prohibits
a
home
food
19
establishment
from
selling
certain
meat
and
poultry
products
20
enumerated
in
federal
law
unless
the
product
falls
under
an
21
exception
enumerated
in
federal
rules.
The
bill
does
not
22
exempt
a
home
food
establishment
from
a
requirement
that
the
23
producer
or
seller
of
a
homemade
food
product
register
with
the
24
state
or
a
political
subdivision
of
the
state.
25
The
bill
exempts
from
the
definition
of
“food
establishment”
26
under
Code
chapter
137F
(food
establishments
and
food
27
processing
plants)
produce
stands
and
facilities
that
sell
28
homemade
food
items
produced
by
a
home
food
establishment,
home
29
food
establishments,
and
all
premises
where
a
person
operates
30
a
farmers
market.
The
bill
removes
an
exemption
for
premises
31
of
a
residence
in
which
food
that
is
not
a
time/temperature
32
control
for
safety
food
is
sold
for
consumption
off
the
33
premises
to
a
consumer
customer.
34
-5-
LSB
1948YH
(6)
89
ss/rn
5/
5