Bill Text: IA SF2390 | 2017-2018 | 87th General Assembly | Enrolled


Bill Title: A bill for an act relating to licensure and regulation for the hotel sanitation code, home bakeries, and food establishments and food processing plants, modifying fees and penalties, and including effective date provisions. (Formerly SSB 1169.) Effective 1-1-19.

Spectrum: Committee Bill

Status: (Passed) 2018-05-16 - Signed by Governor. S.J. 1087. [SF2390 Detail]

Download: Iowa-2017-SF2390-Enrolled.html

Senate File 2390 - Enrolled




                              SENATE FILE       
                              BY  COMMITTEE ON WAYS AND
                                  MEANS

                              (SUCCESSOR TO SSB
                                  1169)
 \5
                                   A BILL FOR
 \1
                                       Senate File 2390

                             AN ACT
 RELATING TO LICENSURE AND REGULATION FOR THE HOTEL
    SANITATION CODE, HOME BAKERIES, AND FOOD ESTABLISHMENTS AND
    FOOD PROCESSING PLANTS, MODIFYING FEES AND PENALTIES, AND
    INCLUDING EFFECTIVE DATE PROVISIONS.

 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
                           DIVISION I
                      HOTEL SANITATION CODE
    Section 1.  Section 137C.6, subsection 3, paragraph b, Code
 2018, is amended by striking the paragraph.
    Sec. 2.  Section 137C.7, Code 2018, 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 2018, 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
 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.
                           DIVISION II
                          HOME BAKERIES
    Sec. 4.  Section 137D.2, subsection 1, Code 2018, is amended
 to read as follows:
    1.  A person shall not open or operate a home bakery
 until a license has been obtained from the department of
 inspections and appeals. The department shall collect a fee
 of thirty=three fifty 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.
                          DIVISION III
         FOOD ESTABLISHMENTS AND FOOD PROCESSING PLANTS
    Sec. 5.  Section 137F.1, Code 2018, is amended by adding the
 following new subsections:
    NEW SUBSECTION.  4A.  "Event" means a significant occurrence
 or happening sponsored by a civic, business, 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. 6.  Section 137F.1, subsection 7, unnumbered paragraph
 1, Code 2018, 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
 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. 7.  Section 137F.1, subsection 7, paragraphs b, e, and
 f, Code 2018, 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. 8.  Section 137F.1, subsections 11 and 12, Code 2018,
 are amended by striking the subsections.
    Sec. 9.  Section 137F.1, subsections 13, 15, 16, and 17, Code
 2018, 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,
  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. 10.  Section 137F.3, subsection 4, Code 2018, 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. 11.  Section 137F.4, Code 2018, is amended to read as
 follows:
    137F.4  License required.
    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. 12.  Section 137F.5, Code 2018, 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 shall be
 submitted to the appropriate regulatory authority.
    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 function with ten or fewer temporary food
 establishments, a fair as defined in section 174.1, or a
 farmers market. 
    2.  3.  The dominant form of business shall determine the
 type of license for establishments which engage in operations
 covered under both the definition of a food establishment and
 of a food processing plant.
    3.  4.  The regulatory authority where the unit is domiciled
 shall issue a license for a mobile food unit.
    4.  An application for renewal of a license shall be made
 at least thirty days before the expiration of the existing
 license.
    Sec. 13.  Section 137F.6, subsection 1, Code 2018, 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 ten 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.
    (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
  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 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 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.  j.  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.
    k.  For an unattended food establishment, the annual license
 fee shall correspond to the annual gross food and beverage
 sales, as follows:
    (1)  Annual gross sales of less than one hundred thousand
 dollars, seventy=five dollars.
    (2)  Annual gross sales of one hundred thousand dollars or
 more, one hundred fifty dollars.
    Sec. 14.  Section 137F.6, subsection 2, Code 2018, is amended
 by striking the subsection.
    Sec. 15.  REPEAL.  Section 137F.17, Code 2018, is repealed.
                           DIVISION IV
                         EFFECTIVE DATE
    Sec. 16.  EFFECTIVE DATE.  This Act takes effect January 1,
 2019.


                                                                                            CHARLES SCHNEIDE


                                                                                            LINDA UPMEYER


                                                                                            W. CHARLES SMITH


                                                                                            KIM REYNOLDS

                             -1-
feedback