Bill Text: IA SF303 | 2017-2018 | 87th General Assembly | Introduced
Bill Title: A bill for an act relating to licensure, regulation, and complaint procedures for the hotel sanitation code and food establishments and food processing plants, and modifying fees and penalties.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2017-02-22 - Subcommittee: Feenstra, Brown, and Jochum. S.J. 387. [SF303 Detail]
Download: Iowa-2017-SF303-Introduced.html
Senate File 303 - Introduced SENATE FILE BY GUTH A BILL FOR 1 An Act relating to licensure, regulation, and complaint 2 procedures for the hotel sanitation code and food 3 establishments and food processing plants, and modifying 4 fees and penalties. 5 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: TLSB 2427XS (4) 87 tr/nh PAG LIN 1 1 DIVISION I 1 2 HOTEL SANITATION CODE 1 3 Section 1. Section 137C.6, subsection 3, paragraph b, Code 1 4 2017, is amended by striking the paragraph. 1 5 Sec. 2. Section 137C.7, Code 2017, is amended to read as 1 6 follows: 1 7 137C.7 License required. 1 8NoA person shall not open or operate a hotel until the 1 9 regulatory authority has inspected the hotel and issued 1 10 a licensehas been obtained from the regulatory authority 1 11 and until the hotel has been inspected by the regulatory 1 12 authorityto the person. The regulatory authority shall 1 13 conduct inspections in accordance with standards adopted by 1 14 the department by rule pursuant to chapter 17A. Each license 1 15 shall expire one year from the date of issue. A license is 1 16 renewable. All licenses issued underthe Iowa hotel sanitation 1 17 codethis chapter that are not renewed by the licensee on or 1 18 before the expiration date shall be subject to a penalty of ten 1 19 percent of the license fee per month if the license is renewed 1 20 at a later date. A license is not transferable. 1 21 Sec. 3. Section 137C.9, subsection 1, Code 2017, is amended 1 22 to read as follows: 1 23 1. Either the department or the municipal corporation shall 1 24 collect the following annual license fees: 1 25 a. For a hotel containingfifteenthirty guest rooms or 1 26 less,twenty=sevenfifty dollars. 1 27 b. For a hotel containing more thanfifteenthirty but less 1 28 thanthirty=oneone hundred one guest rooms,forty dollars and 1 29 fifty centsone hundred dollars. 1 30 c. For a hotel containing more thanthirty but less than 1 31 seventy=sixone hundred one guest rooms,fifty=fourone hundred 1 32 fifty dollars. 1 33d. For a hotel containing more than seventy=five but less 1 34 than one hundred fifty guest rooms, fifty=seven dollars and 1 35 fifty cents.2 1e. For a hotel containing one hundred fifty or more guest 2 2 rooms, one hundred one dollars and twenty=five cents.2 3 Sec. 4. Section 137C.12, Code 2017, is amended to read as 2 4 follows: 2 5 137C.12 Inspection upon complaint. 2 6 Upon receipt of averifiedcomplaintsigned by a guest of a 2 7 hotel andstating facts indicating theplace ispremises of a 2 8 hotel are in aninsanitaryunsanitary condition, the regulatory 2 9 authority shall conduct an inspection. 2 10 DIVISION II 2 11 FOOD ESTABLISHMENTS AND FOOD PROCESSING PLANTS 2 12 Sec. 5. Section 137F.1, Code 2017, is amended by adding the 2 13 following new subsections: 2 14 NEW SUBSECTION. 4A. "Event" means a significant occurrence 2 15 or happening sponsored by a civic, business, educational, 2 16 governmental, community, or veterans organization and may 2 17 include an athletic contest. 2 18 NEW SUBSECTION. 15A. "Time/temperature control for safety 2 19 food" means a food that requires time and temperature controls 2 20 for safety to limit pathogenic microorganism growth or toxin 2 21 formation. 2 22 Sec. 6. Section 137F.1, subsection 7, unnumbered paragraph 2 23 1, Code 2017, is amended to read as follows: 2 24 "Food establishment" means an operation that stores, 2 25 prepares, packages, serves, vends, or otherwise provides food 2 26 for human consumption and includes a food service operation 2 27 in a salvage or distressed food operation, school, summer 2 28 camp, residential service substance abuse treatment facility, 2 29 halfway house substance abuse treatment facility, correctional 2 30 facility operated by the department of corrections, or the 2 31 state training school, or the Iowa juvenile home. "Food 2 32 establishment" does not include the following: 2 33 Sec. 7. Section 137F.1, subsection 7, paragraphs b, e, and 2 34 f, Code 2017, are amended to read as follows: 2 35 b. An establishment that offers only prepackaged foods that 3 1 arenonpotentially hazardousnot time/temperature control for 3 2 safety foods. 3 3 e. Premises where a person operates a farmers market, if 3 4potentially hazardous food istime/temperature control for 3 5 safety foods are not sold or distributed from the premises. 3 6 f. Premises of a residence in which food that is 3 7nonpotentially hazardousnot a time/temperature control for 3 8 safety food is sold for consumption off the premises to a 3 9 consumer customer, if the food is labeled to identify the name 3 10 and address of the person preparing the food and the common 3 11 name of the food. 3 12 Sec. 8. Section 137F.1, subsections 11 and 12, Code 2017, 3 13 are amended by striking the subsections. 3 14 Sec. 9. Section 137F.1, subsections 13, 15, 16, and 17, Code 3 15 2017, are amended to read as follows: 3 16 13. "Pushcart" means a non=self=propelled vehicle food 3 17 establishment limited to servingnonpotentially hazardous foods 3 18foods that are not time/temperature control for safety foods or 3 19 commissary=wrapped foods maintained at proper temperatures, or 3 20 limited to the preparation and serving of frankfurters. 3 21 15. "Temporary food establishment" means a food 3 22 establishment that operates for a period of no more than 3 23 fourteen consecutive days in conjunction with a single event 3 24or celebration. 3 25 16. "Vending machine" means afood establishment which is 3 26 aself=service device that, upon insertion of a coin, paper 3 27 currency, token, card, or key, or by optional manual operation, 3 28 dispenses unit servings of food in bulk or in packages without 3 29 the necessity of replenishing the device between each vending 3 30 operation. 3 31 17. "Vending machine location" means thephysical site 3 32room, enclosure, space, or area whereaone or more vending 3 33machine ismachines are installed and operated, including the 3 34 storageand servicingareas on the premises that are usedin 3 35 conjunction withto service and maintain the vending machine. 4 1 Sec. 10. Section 137F.3, subsection 4, Code 2017, is amended 4 2 to read as follows: 4 3 4. A municipal corporation that is responsible for 4 4 enforcing this chapter within its jurisdiction pursuant to an 4 5 agreement shallmake an annual report to the director providing 4 6 the following information:4 7a. The total number of licenses granted or renewed by the 4 8 municipal corporation under this chapter during the year.4 9b. The number of licenses granted or renewed by the 4 10 municipal corporation under this chapter during the year in 4 11 each of the following categories:4 12(1) Food establishments.4 13(2) Food processing plants.4 14(3) Mobile food units and pushcarts.4 15(4) Temporary food establishments.4 16(5) Vending machines.4 17c. The amount of money collected in license fees during the 4 18 year.4 19d. The amount expended to perform the functions required 4 20 under the agreement, submitted on a form prescribed by the 4 21 department.4 22e.Other information the director requestsuse the data 4 23 system prescribed by the director for activities governed by an 4 24 agreement executed pursuant to this section. 4 25 Sec. 11. Section 137F.4, Code 2017, is amended to read as 4 26 follows: 4 27 137F.4 License required. 4 28 A person shall not operate a food establishment or food 4 29 processing plant to provide goods or services to the general 4 30 public, or open a food establishment to the general public, 4 31 until the appropriate license has been obtained from the 4 32 regulatory authority. Sale of products at wholesale to outlets 4 33 not owned by a commissary owner requires a food processing 4 34 plant license. A license shall expire one year from the date 4 35 of issue. A license is renewable if application for renewal is 5 1 made prior to expiration of the license or within sixty days 5 2 of the expiration date of the license. All licenses issued 5 3 under this chapter that are not renewed by the licensee on or 5 4 before the expiration date shall be subject to a penalty of ten 5 5 percent per month of the license fee if the license is renewed 5 6 at a later date. 5 7 Sec. 12. Section 137F.5, Code 2017, is amended to read as 5 8 follows: 5 9 137F.5 Application for license. 5 10 1. An application form prescribed by the department 5 11 for a license under this chapter shall be obtained from 5 12 the department or from a municipal corporation which is 5 13 a regulatory authority. A completed application and an 5 14 application fee of two hundred dollars shall be submitted 5 15 to the appropriate regulatory authority. However, an 5 16 application for a license for a farmers market, temporary food 5 17 establishment for a single event, temporary food establishment 5 18 for multiple nonconcurrent events, or vending machine is exempt 5 19 from the application fee requirement under this subsection. 5 20 2. A person conducting an event shall submit a license 5 21 application and an application fee of fifty dollars to the 5 22 appropriate regulatory authority at least sixty days in advance 5 23 of the event. An "event" for purposes of this subsection 5 24 does not include a function with ten or more temporary food 5 25 establishments, a fair as defined in section 174.1, or a 5 26 farmers market. 5 27 3. The dominant form of business shall determine the type of 5 28 license for establishments which engage in operations covered 5 29 under both the definition of a food establishment and of a food 5 30 processing plant. 5 31 4. The regulatory authority where the unit is domiciled 5 32 shall issue a license for a mobile food unit. 5 33An application for renewal of a license shall be made 5 34 at least thirty days before the expiration of the existing 5 35 license.6 1 Sec. 13. Section 137F.6, subsection 1, Code 2017, is amended 6 2 to read as follows: 6 3 1. The regulatory authority shall collect the following 6 4 annual license fees: 6 5 a. For a mobile food unit or pushcart,twenty=seventwo 6 6 hundred fifty dollars. 6 7 b. For a temporary food establishment per fixed location 6 8 for a single event,thirty=three dollars and fifty centsfifty 6 9 dollars. 6 10 c. For a temporary food establishment for multiple 6 11 nonconcurrent events during a calendar year, one annual 6 12 license fee of two hundred dollars for each establishment on a 6 13 countywide basis. 6 14c.d. For a vending machine,twentyfifty dollars for the 6 15 first machine andfiveten dollars for each additional machine. 6 16d.e. For a food establishment which prepares or serves 6 17 food for individual portion service intended for consumption 6 18 on=the=premises, the annual license fee shall correspond to the 6 19 annual gross food and beverage sales of the food establishment, 6 20 as follows: 6 21 (1) Annual gross sales ofunder fiftyless than one hundred 6 22 thousand dollars,sixty=seven dollars and fifty centsone 6 23 hundred fifty dollars. 6 24 (2) Annual gross sales of at leastfiftyone hundred 6 25 thousand dollars but less thanonefive hundred thousand 6 26 dollars,one hundred fourteen dollars and fifty centsthree 6 27 hundred dollars. 6 28 (3) Annual gross sales ofat least onefive hundred thousand 6 29 dollarsbut less than two hundred fifty thousand dollars, two 6 30 hundred thirty=six dollars and twenty=five centsor more, four 6 31 hundred dollars. 6 32(4) Annual gross sales of two hundred fifty thousand dollars 6 33 but less than five hundred thousand dollars, two hundred 6 34 seventy=five dollars.6 35(5) Annual gross sales of five hundred thousand dollars or 7 1 more, three hundred three dollars and seventy=five cents.7 2e.f. For a food establishment which sells food or food 7 3 products to consumer customers intended for preparation or 7 4 consumption off=the=premises, the annual license fee shall 7 5 correspond to the annual gross food and beverage sales of the 7 6 food establishment, as follows: 7 7 (1) Annual gross sales ofunder tenless than two hundred 7 8 fifty thousand dollars,forty dollars and fifty centsone 7 9 hundred fifty dollars. 7 10 (2) Annual gross sales of at leasttentwo hundred fifty 7 11 thousand dollars but less thantwoseven hundred fifty thousand 7 12 dollars,one hundred one dollars and twenty=five centsthree 7 13 hundred dollars. 7 14 (3) Annual gross sales ofat least twoseven hundred fifty 7 15 thousand dollarsbut less than five hundred thousand dollars, 7 16 one hundred fifty=five dollars and twenty=five centsor more, 7 17 four hundred dollars. 7 18(4) Annual gross sales of at least five hundred thousand 7 19 dollars but less than seven hundred fifty thousand dollars, two 7 20 hundred two dollars and fifty cents.7 21(5) Annual gross sales of seven hundred fifty thousand 7 22 dollars or more, three hundred three dollars and seventy=five 7 23 cents.7 24f.g. For a food processing plant, the annual license fee 7 25 shall correspond to the annual gross food and beverage sales of 7 26 the food processing plant, as follows: 7 27 (1) Annual gross sales ofunder fiftyless than two hundred 7 28 thousand dollars,sixty=seven dollars and fifty centsone 7 29 hundred fifty dollars. 7 30 (2) Annual gross sales of at leastfiftytwo hundred 7 31 thousand dollars but less than twohundred fifty thousand 7 32million dollars,one hundred thirty=fivethree hundred dollars. 7 33 (3) Annual gross sales ofat leasttwohundred fifty 7 34 thousandmillion dollarsbut less than five hundred thousand 7 35 dollars, two hundred two dollars and fifty centsor more, five 8 1 hundred dollars. 8 2(4) Annual gross sales of five hundred thousand dollars or 8 3 more, three hundred thirty=seven dollars and fifty cents.8 4g.h. For a farmers market wherepotentially hazardous 8 5time/temperature control for safety food is sold or 8 6 distributed, one annual license fee of one hundred fifty 8 7 dollars for each vendor on a countywide basis. 8 8 i. For a school, three hundred dollars for a production 8 9 kitchen and two hundred dollars for a serving site. 8 10 j. For a certificate of free sale or sanitation, thirty=five 8 11 dollars for the first certificate and ten dollars for each 8 12 additional identical certificate requested at the same time. 8 13h.k. For a food establishment covered by both paragraphs 8 14"d""e" and"e""f", thelicense fees assessed shall be an 8 15 amount not to exceed seventy=five percent of the total fees 8 16 applicable under both paragraphsapplicant shall pay the 8 17 licensee fee based on the dominant form of business plus one 8 18 hundred fifty dollars. 8 19 l. For an unattended food establishment, the annual license 8 20 fee shall correspond to the annual gross food and beverage 8 21 sales, as follows: 8 22 (1) Annual gross sales of less than one hundred thousand 8 23 dollars, seventy=five dollars. 8 24 (2) Annual gross sales of one hundred thousand dollars or 8 25 more, one hundred fifty dollars. 8 26 Sec. 14. Section 137F.6, subsection 2, Code 2017, is amended 8 27 by striking the subsection. 8 28 Sec. 15. Section 137F.10, Code 2017, is amended to read as 8 29 follows: 8 30 137F.10 Regular inspections. 8 31 The appropriate regulatory authority shall provide for the 8 32 inspection of each food establishment and food processing plant 8 33 in this state in accordance with this chapter and with rules 8 34 adopted pursuant to this chapter in accordance with chapter 8 35 17A. A regulatory authority may enter a food establishment 9 1 or food processing plant at any reasonable hour to conduct 9 2 an inspection. The manager or person in charge of the food 9 3 establishment or food processing plant shall afford free 9 4 access to every part of the premises and render all aid and 9 5 assistance necessary to enable the regulatory authority to make 9 6 a thorough and complete inspection. As part of the inspection 9 7 process, the regulatory authority shall provide an explanation 9 8 of the violation or violations cited and provide guidance as 9 9 to actions for correction and elimination of the violation 9 10 or violations. The regulatory authority shall document the 9 11 violations as it deems appropriate. A food establishment or 9 12 food processing plant being inspected pursuant to this section 9 13 shall provide the regulatory authority with access to records 9 14 necessary to determine compliance with this chapter and rules 9 15 adopted pursuant to this chapter. The regulatory authority may 9 16 take food or environmental samples as necessary to determine 9 17 compliance with this chapter and rules adopted pursuant to this 9 18 chapter. 9 19 Sec. 16. Section 137F.11, Code 2017, is amended to read as 9 20 follows: 9 21 137F.11 Inspection upon complaint. 9 22 Upon receipt of a complaintby a customer of a food 9 23 establishment or food processing plantstating facts indicating 9 24 the premisesare in an unsanitary conditionof a food 9 25 establishment or food processing plant are not in compliance 9 26 with this chapter or the rules adopted pursuant to this 9 27 chapter, the regulatory authority may conduct an inspection. 9 28 The regulatory authority shall keep the name of the person 9 29 making the complaint confidential upon that person's request. 9 30 Sec. 17. REPEAL. Section 137F.17, Code 2017, is repealed. 9 31 EXPLANATION 9 32 The inclusion of this explanation does not constitute agreement with 9 33 the explanation's substance by the members of the general assembly. 9 34 This bill relates to food and consumer safety by changing 9 35 requirements for the hotel sanitation and food establishment 10 1 and food processing plants Code chapters. 10 2 Division I of the bill removes the requirement that a local 10 3 board of health responsible for enforcing the Iowa hotel 10 4 sanitation code provide to the director of the department 10 5 of inspections and appeals information regarding the hotel 10 6 licenses granted in the year. The division requires a 10 7 regulatory authority, meaning the department of inspections and 10 8 appeals or a local board of health, in conducting inspections 10 9 of hotels to do so in accordance with rules adopted by the 10 10 department of inspections and appeals. The division provides 10 11 that licensees may be subject to a penalty of 10 percent of 10 12 the license fee per month rather than a flat 10 percent upon 10 13 failure to renew a license on or before the expiration date. 10 14 The division also changes the license fee schedule for hotel 10 15 licenses. The division provides that if anyone, rather than 10 16 just a guest of a hotel, files a complaint that the premises 10 17 is unsanitary, the regulatory authority must conduct an 10 18 inspection. 10 19 Division II of the bill relates to food establishments 10 20 and food processing plants. The division eliminates a food 10 21 service operation in the Iowa juvenile home from the definition 10 22 of food establishment. The division adds a definition for 10 23 "time/temperature control for safety food" and replaces 10 24 references to potentially hazardous food with this phrase. 10 25 The division defines the term "event" as a significant 10 26 occurrence or happening sponsored by a civic, business, 10 27 educational, governmental, community, or veterans organization 10 28 and may include athletic contests. The division modifies 10 29 the definitions of "vending machine" and "vending machine 10 30 location". 10 31 The division eliminates the annual report a municipal 10 32 corporation responsible for enforcing the food establishments 10 33 and food processing plants Code chapter must provide the 10 34 director of inspections and appeals, but requires the municipal 10 35 corporation to use the data system prescribed by the director. 11 1 The division requires a food establishment or food 11 2 processing plant seeking licensure under the Code chapter to 11 3 renew prior to the time of the expiration of licensure or 11 4 within 60 days of the expiration date. 11 5 The division adds a $200 general application fee 11 6 for licensure under the Code chapter. This general 11 7 application fee does not apply to farmers markets, temporary 11 8 food establishments for a single event, temporary food 11 9 establishments for multiple nonconcurrent events, or vending 11 10 machines. However, the division requires a person conducting 11 11 an event to submit an application and a $50 application fee 11 12 to the appropriate regulatory authority 60 days prior to the 11 13 event. For purposes of this application and application 11 14 fee, an "event" does not include a function with 10 or more 11 15 temporary food establishments, a fair as defined in Code 11 16 section 174.1, or a farmers market. 11 17 The division changes the license fee schedule for mobile 11 18 food units or pushcarts, temporary food establishments 11 19 per fixed location for a single event, temporary food 11 20 establishments for multiple nonconcurrent events, vending 11 21 machines, food establishments which prepare or serve food for 11 22 individual portion service intended for consumption on the 11 23 premises, food establishments which sell food or food products 11 24 intended for consumption off the premises, food processing 11 25 plants, and farmers markets. The division adds new categories 11 26 of license fees for schools with production kitchens or serving 11 27 sites, for unattended food establishments, and for certificates 11 28 of free sale or sanitation. 11 29 The division provides that the regulatory authority 11 30 must document violations during regular inspections as it 11 31 deems appropriate. The division also states that a food 11 32 establishment or food processing plant being inspected shall 11 33 provide the regulatory authority access to records necessary to 11 34 determine compliance and the regulatory authority may take food 11 35 or environmental samples. 12 1 The division provides that if any person, rather than 12 2 a customer, files a complaint that the premises of a food 12 3 establishment or food processing plant are not in compliance 12 4 with the food establishments and food processing plants Code 12 5 chapter, the regulatory authority may conduct an inspection. 12 6 The bill allows the person filing the complaint to keep their 12 7 name confidential. 12 8 The division repeals the Code section subjecting persons in 12 9 violation of the food establishments and food processing plants 12 10 Code chapter to a $100 penalty. LSB 2427XS (4) 87 tr/nh
