Senate File 2390 - Enrolled
SENATE FILE
BY COMMITTEE ON WAYS AND
MEANS
(SUCCESSOR TO SSB
1169)
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A BILL FOR
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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
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