Text: SSB1085
Text: SSB1087
Senate Study Bill 1086
SENATE FILE
BY (PROPOSED COMMITTEE ON
BUSINESS AND LABOR
RELATIONS BILL BY
CHAIRPERSON SCHUERER)
Passed Senate, Date Passed House, Date
Vote: Ayes Nays Vote: Ayes Nays
Approved
A BILL FOR
1 An Act relating to food establishment licensing and training
2 procedures, and establishing fees.
3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
4 TLSB 2210SC 80
5 rn/cl/14
PAG LIN
1 1 Section 1. Section 137F.1, Code 2003, is amended by adding
1 2 the following new subsection:
1 3 NEW SUBSECTION. 15A. "ServSafe program" means a
1 4 certification program developed by the national restaurant
1 5 association for the purpose of training food service managers
1 6 about general food safety principles and hazard analysis
1 7 critical control point concepts.
1 8 Sec. 2. Section 137F.2, subsection 7, paragraph c,
1 9 subparagraph (1), Code 2003, is amended to read as follows:
1 10 (1) Systematic focused education and training of all food
1 11 service employees involved in the identified procedures
1 12 regarding the potential for transmission of pathogenic
1 13 organisms from contact with ready=to=eat food. The importance
1 14 of proper hand washing and hygiene in preventing the
1 15 transmission of illness, and the effective use of the sanitary
1 16 alternatives and monitoring systems utilized by the public
1 17 food service establishment, shall be reinforced. The content
1 18 and duration of this training shall be determined by the
1 19 manager of the public food service establishment.
1 20 Certification of managers through completion of the ServSafe
1 21 program shall be encouraged.
1 22 Sec. 3. Section 137F.4, Code 2003, is amended to read as
1 23 follows:
1 24 137F.4 LICENSE REQUIRED.
1 25 1. A person shall not operate a food establishment or food
1 26 processing plant to provide goods or services to the general
1 27 public, or open a food establishment to the general public,
1 28 until the appropriate license has been obtained from the
1 29 regulatory authority. Sale of products at wholesale to
1 30 outlets not owned by a commissary owner requires a food
1 31 processing plant license. A license shall expire one year
1 32 from the date of issue. A license is renewable. All licenses
1 33 issued under this chapter that are not renewed by the licensee
1 34 on or before the expiration date shall be subject to a penalty
1 35 of ten percent per month of the license fee if the license is
2 1 renewed at a later date.
2 2 2. The department shall adopt rules in accordance with
2 3 chapter 17A regarding provision of ServSafe program
2 4 certification to managers of public food service
2 5 establishments obtaining a license pursuant to section 137F.6,
2 6 subsections 4 and 5. The rules shall address distribution of
2 7 information concerning the program, application forms for
2 8 enrollment, and training dates and locations. The department
2 9 may contract with or refer managers to the Iowa cooperative
2 10 extension service in agriculture and home economics of Iowa
2 11 state university of science and technology or another entity
2 12 for the provision of ServSafe program certification.
2 13 Sec. 4. Section 137F.6, subsections 4 and 5, Code 2003,
2 14 are amended by striking the subsections and inserting in lieu
2 15 thereof the following:
2 16 4. For a food establishment that prepares or serves food
2 17 for individual portion service intended for consumption on the
2 18 premises, the annual license fee shall be one hundred twenty=
2 19 five dollars. A food establishment licensed pursuant to this
2 20 subsection which employs a manager who has not successfully
2 21 completed and obtained certification through the ServSafe
2 22 program shall be subject to the following alternative license
2 23 fee schedule:
2 24 a. If the manager has not obtained certification through
2 25 the ServSafe program within one year following the effective
2 26 date of this Act, or within one year after obtaining licensure
2 27 for a food establishment becoming licensed on or after the
2 28 effective date of this Act, the annual license fee shall be
2 29 two hundred fifty dollars.
2 30 b. If the manager has not obtained certification through
2 31 the ServSafe program within two years following the effective
2 32 date of this Act, or within two years after obtaining
2 33 licensure for a food establishment becoming licensed on or
2 34 after the effective date of this Act, the annual license fee
2 35 shall be three hundred seventy=five dollars.
3 1 c. If the manager has not obtained certification through
3 2 the ServSafe program within three years following the
3 3 effective date of this Act, or within three years after
3 4 obtaining licensure for a food establishment becoming licensed
3 5 on or after the effective date of this Act, the annual license
3 6 fee applicable for that year, and for every year thereafter in
3 7 which the manager is not so certified, shall be five hundred
3 8 dollars.
3 9 5. For a food establishment that sells food or food
3 10 products to consumer customers intended for preparation or
3 11 consumption off the premises, the annual license fee shall be
3 12 one hundred twenty=five dollars. A food establishment
3 13 licensed pursuant to this subsection which employs a manager
3 14 who has not successfully completed and obtained certification
3 15 through the ServSafe program shall be subject to the following
3 16 alternative license fee schedule:
3 17 a. If the manager has not obtained certification through
3 18 the ServSafe program within one year following the effective
3 19 date of this Act, or within one year after obtaining licensure
3 20 for a food establishment becoming licensed on or after the
3 21 effective date of this Act, the annual license fee shall be
3 22 two hundred fifty dollars.
3 23 b. If the manager has not obtained certification through
3 24 the ServSafe program within two years following the effective
3 25 date of this Act, or within two years after obtaining
3 26 licensure for a food establishment becoming licensed on or
3 27 after the effective date of this Act, the annual license fee
3 28 shall be three hundred seventy=five dollars.
3 29 c. If the manager has not obtained certification through
3 30 the ServSafe program within three years following the
3 31 effective date of this Act, or within three years after
3 32 obtaining licensure for a food establishment becoming licensed
3 33 on or after the effective date of this Act, the annual license
3 34 fee applicable for that year, and for every year thereafter in
3 35 which the manager is not so certified, shall be five hundred
4 1 dollars.
4 2 Sec. 5. Section 137F.6, unnumbered paragraphs 2 and 3,
4 3 Code 2003, are amended to read as follows:
4 4 A food establishment covered by subsections 4 and 5 shall
4 5 be assessed license fees not to exceed seventy=five percent of
4 6 the total fees applicable under both subsections. A food
4 7 establishment shall not be subject to the alternative license
4 8 fee schedule provisions pursuant to subsections 4 and 5 solely
4 9 due to the loss of a previously employed manager with ServSafe
4 10 program certification, provided that a successor manager
4 11 obtains certification prior to the annual license renewal
4 12 date.
4 13 Fees Except as otherwise provided in this paragraph, fees
4 14 collected by the department shall be deposited in the general
4 15 fund of the state. Fees and fees collected by a municipal
4 16 corporation shall be retained by the municipal corporation for
4 17 regulation of food establishments and food processing plants
4 18 licensed under this chapter. However, sixty percent of the
4 19 amount by which fees collected by either the department or a
4 20 municipal corporation pursuant to the alternative fee schedule
4 21 in subsections 4 and 5 exceed the amount that would have been
4 22 collected if the alternative fee schedule did not apply shall
4 23 be allocated to the Iowa hospitality association educational
4 24 foundation to enhance food safety training programs throughout
4 25 the state. The remaining forty percent of the excess shall be
4 26 retained by the department or the municipal corporation and
4 27 utilized for food safety inspector training.
4 28 EXPLANATION
4 29 This bill provides for an alternative license fee schedule
4 30 applicable to food establishments that do not employ ServSafe
4 31 program certified managers. The bill provides that the
4 32 ServSafe program refers to a certification program developed
4 33 by the national restaurant association for the purpose of
4 34 training food service managers about general food safety
4 35 principles and hazard analysis critical control point
5 1 concepts. The bill provides that certification of managers
5 2 upon successful completion of the ServSafe program shall be
5 3 encouraged by the department of inspections and appeals. The
5 4 bill provides that the department shall adopt rules regarding
5 5 provision of ServSafe program certification to managers of
5 6 food service establishments, addressing distribution of
5 7 information concerning the program, application forms for
5 8 enrollment, and training dates and locations. The bill
5 9 provides that the department may contract with or refer
5 10 managers to the Iowa state university extension service or
5 11 another entity for the provision of ServSafe program
5 12 certification.
5 13 The bill provides that the current license fee structure
5 14 applicable to food establishments serving food for consumption
5 15 on the premises, and serving food for consumption off the
5 16 premises, which is based on annual gross sales, shall be
5 17 replaced with a flat annual license fee of $125. The bill
5 18 provides an alternative license fee schedule, however, in the
5 19 event that a food establishment employs a manager who is not
5 20 certified through the ServSafe program. The bill provides
5 21 that in this event, annual license fees shall be increased to
5 22 between $250 and $500 if the manager has not obtained
5 23 certification through the ServSafe program within one to three
5 24 years following the effective date of the bill, or within one
5 25 to three years after obtaining licensure for a food
5 26 establishment becoming licensed on or after the effective date
5 27 of the bill. The bill provides that a food establishment
5 28 shall not be subject to the alternative license fee schedule
5 29 solely due to the loss of a previously employed manager with
5 30 ServSafe certification, provided that a successor manager
5 31 obtains certification prior to the annual license renewal
5 32 date. The bill additionally provides that excess fees
5 33 generated by the application of the alternative license fee
5 34 schedule shall be allocated on a 60=40 split basis, with 60
5 35 percent going to the Iowa hospitality association educational
6 1 foundation to enhance food safety training programs, and 40
6 2 percent going to the department or a municipal corporation
6 3 contracting with the department and utilized for food safety
6 4 inspector training.
6 5 LSB 2210SC 80
6 6 rn/cl/14
Text: SSB1085
Text: SSB1087