Bill Text: IA SF2273 | 2015-2016 | 86th General Assembly | Enrolled
Bill Title: A bill for an act relating licensure of home food establishments. (Formerly SF 2036.) Effective 7-1-16.
Sponsorship: Committee Bill
Status: (Passed) 2016-04-13 - Signed by Governor. S.J. 692. [SF2273 Detail]
Download: Iowa-2015-SF2273-Enrolled.html
Senate File 2273 - Enrolled
SENATE FILE
BY COMMITTEE ON STATE
GOVERNMENT
(SUCCESSOR TO SF 2036)
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A BILL FOR
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Senate File 2273
AN ACT
RELATING TO LICENSURE OF HOME FOOD ESTABLISHMENTS.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
Section 1. 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. 2. 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 thirty=five 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
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. 3. 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. 4. 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
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
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. 5. 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. 6. 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. 7. 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
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. 8. 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. 9. 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.
PAM JOCHUM
President of the Senate
LINDA UPMEYER
Speaker of the House
I hereby certify that this bill originated in the Senate and
is known as Senate File 2273, Eighty=sixth General Assembly.
MICHAEL E. MARSHALL
Secretary of the Senate
Approved , 2016
TERRY E. BRANSTAD
Governor
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