Food and consumer safety, amendments to ch 30
ARC 3187C INSPECTIONS AND APPEALS DEPARTMENT[481]
Adopted and Filed
Pursuant to the authority of Iowa Code sections 10A.104, 137C.6, 137D.2 and 137F.2, the Department of Inspections and Appeals hereby amends Chapter 30, “Food and Consumer Safety,” Iowa Administrative Code.
These amendments implement 2016 Iowa Acts, chapter 1086, an Act relating to the licensure of home food establishments. Pursuant to the legislation, home food establishments are now called home bakeries. These amendments reflect updates to the Food Code issued by the federal Food and Drug Administration (FDA) with changes through 2015. Amendments to Chapter 31, “Food Establishment and Food Processing Plant Inspections,” published as ARC 3188C herein, adopt the 2013 FDA Model Food Code with Supplement. These amendments also clarify provisions to reduce confusion for establishments under the jurisdiction of other food licensing agencies, such as the Iowa Department of Agriculture and Land Stewardship.
Prior to publication of this Notice of Intended Action, the Department distributed a draft of these amendments for comment to industry associations, local contracting health departments, and food safety educators. No comments were received.
Notice of Intended Action was published in the Iowa Administrative Bulletin on May 10, 2017, as ARC 3052C. No comments were received by the Department during the public comment period. These amendments are identical to those published under Notice of Intended Action.
The Department does not believe that these amendments impose any financial hardship on any regulated entity, body, or individual.
After analysis and review of this rule making, no impact on jobs has been found.
These amendments are intended to implement Iowa Code sections 10A.104 and 137F.2. These amendments shall become effective August 9, 2017.
The following amendments are adopted.
ITEM 1. Amend rule 481—30.1(10A,137C,137D,137F) as follows:
481—30.1(10A,137C,137D,137F) Food and consumer safety bureau. The food and consumer safety bureau inspects food establishments and food processing plants including food storage facilities (warehouses), home food establishments bakeries, food and beverage vending machines, and hotels and motels. The food and consumer safety bureau is also responsible for targeted small business certification, social and charitable gambling, and amusement devices. Separate chapters have been established for the administration of targeted small business certification (481—Chapter 25), social and charitable gambling (481—Chapters 100 to 103, 106, and 107), and amusement devices (481—Chapters
This rule is intended to implement Iowa Code sections 10A.104 and 22.11 and Iowa Code chapters 137C, 137D and 137F.
ITEM 2.Adopt the following new definitions of “Catering,” “Personal chef,” and “Unattended food establishment” in rule 481—30.2(10A,137C,137D,137F):
“Catering” means the preparation of food for distribution to an individual, business or organization for exclusive service to the individual’s, business’s or organization’s nonpaying guests, employees or members.
“Personal chef” or “hired cook” means a person who provides food preparation services in a private home or at a private party for a client and the client’s nonpaying guests. “Personal chef” or “hired cook” does not include a person who provides the ingredients intended to be used in food preparation.
“Unattended food establishment” means an operation that provides packaged foods or whole fruit using an automated payment system and has controlled entry not accessible by the general public.
“Controlled entry,” for the purposes of the definition of “unattended food establishment,” means selective restriction or limitation of access to a place or location.
ITEM 3.Amend rule 481—30.2(10A,137C,137D,137F), definitions of “Food establishment,” “Food processing plant,” and “Home food establishment,” 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, nutrition program operated pursuant to Title III-C of the Older Americans Act, school, summer camp, residential service substance abuse treatment facility, halfway house substance abuse treatment facility, correctional facility operated by the department of corrections, the state training school and the Iowa juvenile home. Assisted living programs and adult day services are included in the definition of food establishment to the extent required by 481—subrules 69.28(6) and 70.28(6). “Food establishment” does not include the following:
“Food processing plant” means a commercial operation that manufactures, packages, labels or stores food for human consumption and does not provide food directly to a consumer. “Food processing plant” does not include any of the following:
“Home food establishment bakery” means a business on the premises of a residence that is operating as a home-based bakery where potentially hazardous bakery baked goods are prepared for consumption elsewhere. Annual gross sales of these products cannot exceed $20,000 $35,000. “Home food establishment bakery” does not include: a residence where food is prepared to be used or sold by churches, fraternal societies, or charitable, civic or nonprofit organizations. Residences which prepare or distribute honey, shell eggs or nonhazardous baked goods are not required to be licensed as home food establishments.
ITEM 4.Amend subrule 30.4(4) as follows:
30.4(4) Home food establishments bakery. The license fee for a home food establishments bakery is $33.75 (Iowa Code section 137D.2(1)).
ITEM 5.Amend subrule 30.8(5) as follows:
30.8(5) Home food establishments bakeries and vending machines. Home food establishments bakeries and vending machines shall be inspected at least once every 24 months.
ITEM 6.Amend subrule 30.10(1) as follows:
30.10(1) Immediate suspension of license. To the extent not inconsistent with Iowa Code chapters17A, 137C, 137D, and 137F and rules adopted pursuant to those chapters, chapter 8 of the Food Code shall be adopted for food establishments and home food establishments bakeries. The department or contractor may immediately suspend a license in cases of an imminent health hazard. The procedures
of Iowa Code section 17A.18A and Food Code chapter 8 shall be followed in cases of an imminent health hazard. The appeal process in rule 481—30.11(10A,137C,137D,137F) is available following an immediate suspension. The department may immediately suspend the license of a food processing plant or hotel if an imminent health hazard finding is made and the procedures of Iowa Code section 17A.18A are followed.
[Filed 6/14/17, effective 8/9/17] [Published 7/5/17]
EDITOR’S NOTE: For replacement pages for IAC, see IAC Supplement 7/5/17.
The official published PDF of this document is available from the Iowa General Assembly’s Administrative Rules page.
View the Iowa Administrative Bulletin for 7/5/2017.
The following administrative rule references were added to this document. You may click a reference to view related notices.
Rule 481-30.1 Rule 481-30.10(1) Rule 481-30.11 Rule 481-30.2 Rule 481-30.4(4) Rule 481-30.8(5) Rule 481-69.28(6) Rule 481-70.28(6)The following Iowa code references were added to this document. You may click a reference to view related notices.
Iowa Code 10A.104 Iowa Code 123 Iowa Code 137C Iowa Code 137D Iowa Code 137D.2(1) Iowa Code 137F Iowa Code 17A Iowa Code 17A.18A Iowa Code 189A.3 Iowa Code 192.107 Iowa Code 196.3 Iowa Code 22.11The following keywords and tags were added to this document. You may click a keyword to view related notices.
Food and consumer safety bureau Home bakeries and vending machines Home bakery Home food establishments Home food establishments and vending machines Immediate suspension of license© 2024; State of Iowa | Privacy Policy