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