ARC 3189C

ARC 3189C

INSPECTIONS AND APPEALS DEPARTMENT[481]

Adopted and Filed

Pursuant to the authority of Iowa Code sections 10A.104, 137D.2 and 137F.2, the Department of Inspections and Appeals hereby amends Chapter 34, "Home Food Establishments," 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.

Notice of Intended Action was published in the Iowa Administrative Bulletin on May 10, 2017, as ARC 3051C. 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 amendment shall become effective August 9, 2017.

The following amendments are adopted.

Item 1. Amend 481—Chapter 34, title, as follows:

HOME FOOD ESTABLISHMENTS BAKERIES

Item 2. Amend subrule 34.1(4) as follows:

34.1(4) All potentially hazardous food must be refrigerated at 41°F or less , or held at 135°F or higher, to control bacterial growth. Potentially hazardous foods that have been cooked and then refrigerated shall be reheated rapidly to an internal temperature of 165°F or higher before being placed in hot food storage holding units. Food warmers and other hot food holding units shall not be used for the reheating of potentially hazardous foods.

Item 3. Amend rule 481—34.2(137D) as follows:

481—34.2(137D) Enforcement.

34.2(1) All critical violations shall be corrected within 10 90 days of an inspection. Within 15 days, the The license holder shall make a written report to the regulatory authority, stating the action taken to correct the critical violation. All noncritical violations shall be corrected within the time period required by the inspection, but in all cases the violation shall be corrected within 90 days of the routine inspection.

34.2(2) Violation of these rules or any provision of Iowa Code chapter 137D is a simple misdemeanor. The department may employ various remedies if violations are discovered.

a. A license may be revoked.

b. An injunction may be sought.

c. A case may be referred to a county attorney for criminal prosecution.

d. Foods may be embargoed or a stop-sale order may be issued.

Item 4. Amend rule 481—34.4(137D) as follows:

481—34.4(137D) Annual gross sales. Annual gross sales shall not exceed $20,000 $35,000. The license holder shall maintain a record of sales of food licensed under Iowa Code section 137D.1(3). The record shall be available to the regulatory authority when requested.

Item 5. Amend paragraph 34.5(1)"a" as follows:

a. Conducts an activity constituting a criminal offense in the licensed home food establishment bakery; and

Item 6. Amend paragraph 34.5(2)"a" as follows:

a. Conducts an activity constituting a criminal offense in the licensed home food establishment bakery; and

[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.