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House
File
2444
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Introduced
HOUSE
FILE
2444
BY
INGELS
A
BILL
FOR
An
Act
providing
for
the
sale
and
distribution
of
certain
food,
1
making
penalties
applicable,
and
including
effective
date
2
provisions.
3
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
4
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6675YH
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DIVISION
I
1
FARM-TO-TABLE
EVENT
2
Section
1.
Section
137F.1,
Code
2026,
is
amended
by
adding
3
the
following
new
subsection:
4
NEW
SUBSECTION
.
6A.
“Farm-to-table
event”
means
an
event
5
where
food
is
stored,
prepared,
and
served
on
a
farm
as
defined
6
in
section
673A.3,
if
all
of
the
following
apply:
7
a.
The
person
operating
the
event
holds
a
legal
interest
in
8
the
farm.
9
b.
The
principal
source
of
income
annually
generated
from
10
the
farm
does
not,
during
the
previous
licensing
period
if
11
applicable,
derive
from
the
operation
of
all
events
conducted
12
on
the
farm
during
that
period.
13
c.
Any
meal
served
by
the
person
or
on
behalf
of
the
person
14
at
the
event
complies
with
all
of
the
following:
15
(1)
Is
prepared
on
the
farm
for
on-premises
consumption.
16
(2)
Is
served
outside
a
building,
unless
otherwise
provided
17
by
rules
adopted
by
the
department
pursuant
to
section
137F.22.
18
(3)
Includes
a
food
entree
that
has
as
a
principal
19
ingredient,
but
not
necessarily
the
main
ingredient,
a
farm
20
commodity
as
defined
in
section
673A.3
that
was
produced
on
the
21
farm.
22
Sec.
2.
Section
137F.1,
subsection
9,
Code
2026,
is
amended
23
by
adding
the
following
new
paragraph:
24
NEW
PARAGRAPH
.
p.
A
farm-to-table
event.
25
Sec.
3.
Section
137F.6,
subsection
1,
Code
2026,
is
amended
26
by
adding
the
following
new
paragraph:
27
NEW
PARAGRAPH
.
l.
For
a
farm-to-table
event
as
provided
in
28
section
137F.22,
regardless
of
the
number
of
events
conducted
29
on
the
farm
for
the
period
of
the
license,
one
hundred
dollars.
30
Sec.
4.
NEW
SECTION
.
137F.22
Farm-to-table
event.
31
1.
A
person
shall
not
operate
a
farm-to-table
event
until
32
the
person
is
issued
an
annual
license
under
this
section.
The
33
license
shall
cover
all
farm-to-table
events
conducted
on
the
34
farm.
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2.
The
department
shall
regulate,
license,
and
inspect
1
a
farm-to-table
event.
The
department
may
enter
into
an
2
agreement
with
a
municipal
corporation
to
act
as
a
regulatory
3
authority
in
the
same
manner
as
provided
in
sections
137F.3
and
4
137F.3A.
5
3.
a.
The
department
shall
adopt
rules
pursuant
to
chapter
6
17A
to
administer
and
enforce
the
provisions
of
this
section.
7
b.
The
rules
described
in
paragraph
“a”
may
provide
for
all
8
of
the
following:
9
(1)
Food
safety,
including
equipment,
practices,
and
10
parameters.
11
(2)
Sanitary
conditions,
including
facilities,
practices,
12
and
parameters.
13
(3)
Fire
control,
including
devices,
practices,
and
14
parameters.
15
c.
The
rules
described
in
paragraph
“a”
may
provide
16
for
meals
being
served
inside
a
building
if
unforeseen
17
circumstances
would
otherwise
prevent
the
event
from
occurring.
18
4.
A
person
who
violates
this
section
is
subject
to
the
same
19
penalty
as
provided
in
section
137F.9.
20
DIVISION
II
21
COTTAGE
FOOD
22
Sec.
5.
NEW
SECTION
.
137F.21
Cottage
food
——
sale
at
a
food
23
establishment
——
requirements.
24
1.
Cottage
food
is
exempt
from
all
licensing,
permitting,
25
inspection,
packaging,
and
labeling
laws
of
the
state
if
26
the
food
is
sold
and
delivered
by
the
producer
to
a
food
27
establishment
and
the
food
is
intended
for
preparation
or
28
consumption
off
premises.
29
2.
The
food
establishment
shall
not
intermingle
30
cottage
food
with
food
that
is
not
cottage
food.
The
food
31
establishment
shall
not
store
cottage
food
and
other
food
on
32
the
same
shelf
or
as
part
of
the
same
display.
33
3.
The
food
establishment
shall
not
sell
cottage
food
unless
34
all
of
the
following
apply:
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a.
Packaged
cottage
food
must
be
affixed
or
labeled
with
the
1
information
required
under
section
137F.20.
2
b.
The
food
establishment
must
post
a
conspicuous
notice
3
at
the
location
where
the
cottage
food
is
offered
for
sale
or
4
sold.
The
notice
shall
state
the
following:
5
“COTTAGE
FOOD
6
This
product
was
produced
at
a
residential
property
that
is
7
exempt
from
state
licensing
and
inspection.
See
the
available
8
information
provided
on
the
packaged
label
or
a
fact
sheet
made
9
available
at
this
store.”
10
c.
The
food
establishment
shall
make
available
in
a
11
prominent
place
at
the
location
where
the
cottage
food
is
12
offered
for
sale
or
sold
a
fact
sheet
that
includes
the
13
information
described
in
paragraph
“a”
.
14
4.
Compliance
with
the
cottage
food
exemption
provided
in
15
this
section
does
not
represent
compliance
with
federal
law.
16
DIVISION
III
17
DISTRIBUTION
OF
RAW
MILK
AND
ASSOCIATED
PRODUCTS
18
Sec.
6.
Section
137D.2A,
Code
2026,
is
amended
to
read
as
19
follows:
20
137D.2A
Raw
milk
——
associated
products.
21
1.
A
home
food
processing
establishment
shall
not
22
market,
advertise
for
sale,
offer
for
sale,
sell
or
otherwise
23
distribute,
or
use
raw
milk,
or
a
manufactured
raw
milk
product
24
or
raw
milk
dairy
product,
as
provided
in
chapter
195
.
25
2.
Notwithstanding
subsection
1,
a
home
food
processing
26
establishment
may
market,
advertise
for
sale,
offer
for
sale,
27
or
sell
or
otherwise
distribute
raw
milk,
or
a
manufactured
28
raw
milk
product
or
a
raw
milk
dairy
product,
if
all
of
the
29
following
apply:
30
a.
The
home
food
processing
establishment
is
operating
under
31
a
license
issued
pursuant
to
section
137D.2.
32
b.
The
home
food
processing
establishment
is
located
on
33
the
premises
of
a
raw
milk
dairy
farm
where
the
raw
milk
is
34
produced
and
processed,
or
the
raw
milk
product
or
raw
milk
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dairy
product
is
manufactured,
as
provided
in
chapter
195.
1
c.
The
raw
milk
producer
operating
the
raw
milk
dairy
farm
2
acts
in
compliance
with
the
requirements
in
chapter
195.
3
d.
The
raw
milk,
or
the
raw
milk
product
or
raw
milk
dairy
4
product,
meets
the
requirements
of
chapter
195,
including
5
requirements
for
distribution
as
provided
in
section
195.8.
6
Sec.
7.
Section
137F.8B,
Code
2026,
is
amended
to
read
as
7
follows:
8
137F.8B
Raw
milk
——
associated
products.
9
1.
A
food
establishment
or
farmers
market
shall
not
10
advertise
for
sale,
offer
for
sale,
sell
or
otherwise
11
distribute,
or
use
raw
milk,
or
a
manufactured
raw
milk
product
12
or
a
raw
milk
dairy
product,
regardless
of
whether
the
food
13
establishment
or
farmers
market
is
regulated
by
the
department
14
under
this
chapter
or
another
chapter,
another
state
agency,
15
or
a
municipality.
16
2.
Notwithstanding
subsection
1,
a
food
establishment
17
that
sells
or
otherwise
distributes
food
for
off-premises
18
consumption
may
market,
advertise
for
sale,
offer
for
sale,
19
or
sell
or
otherwise
distribute
raw
milk,
or
a
manufactured
20
raw
milk
product
or
a
raw
milk
dairy
product,
if
all
of
the
21
following
apply:
22
a.
The
food
establishment
is
operating
under
a
license
23
issued
pursuant
to
section
137F.4.
24
b.
The
food
establishment
is
located
on
the
premises
of
25
a
raw
milk
dairy
farm
where
the
raw
milk
is
produced
and
26
processed,
or
the
raw
milk
product
or
raw
milk
dairy
product
is
27
manufactured,
as
provided
in
chapter
195.
28
c.
The
raw
milk
producer
operating
the
raw
milk
dairy
farm
29
acts
in
compliance
with
the
requirements
in
chapter
195.
30
d.
The
raw
milk,
or
the
raw
milk
product
or
raw
milk
dairy
31
product,
meets
the
requirements
of
chapter
195,
including
32
requirements
for
distribution
as
provided
in
section
195.8.
33
Sec.
8.
Section
195.8,
subsection
1,
paragraph
c,
Code
2026,
34
is
amended
to
read
as
follows:
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c.
(1)
The
raw
milk
producer
shall
distribute
the
raw
1
milk
directly
to
the
individual
at
the
raw
milk
dairy
or
to
a
2
location
specified
by
the
individual.
However,
3
(2)
(a)
Except
as
provided
in
subparagraph
division
(b),
4
a
person
shall
not
deliver
the
raw
milk
to
a
place
of
business
5
where
food
or
food
items
are
distributed
on
a
retail
basis,
6
including
but
not
limited
to
a
farmers
market
regulated
under
7
chapter
137F.
8
(b)
A
person
may
deliver
the
raw
milk
to
a
licensed
home
9
food
processing
establishment
regulated
under
chapter
137D
as
10
provided
in
section
137D.2A
or
to
a
licensed
food
establishment
11
or
farmers
market
regulated
under
chapter
137F
as
provided
in
12
section
137F.8B
.
13
(3)
The
raw
milk
shall
only
be
used
for
consumption
by
the
14
individual,
members
of
the
individual’s
household,
and
the
15
individual’s
nonpaying
guests
or
nonpaying
employees.
16
Sec.
9.
Section
195.8,
subsection
2,
paragraph
c,
Code
2026,
17
is
amended
to
read
as
follows:
18
c.
(1)
The
raw
milk
producer
shall
distribute
the
raw
milk
19
product
or
raw
milk
dairy
product
directly
to
the
individual
20
at
the
raw
milk
dairy
or
to
a
location
specified
by
the
21
individual.
However,
22
(2)
(a)
Except
as
provided
in
subparagraph
division
(b),
a
23
person
shall
not
deliver
the
raw
milk
product
or
raw
milk
dairy
24
product
to
a
place
of
business
where
food
or
a
food
item
is
25
distributed
on
a
retail
basis,
including
but
not
limited
to
a
26
farmers
market
regulated
under
chapter
137F.
27
(b)
A
person
may
deliver
the
raw
milk
product
or
a
raw
milk
28
dairy
product
to
a
licensed
home
food
processing
establishment
29
regulated
under
chapter
137D
as
provided
in
section
137D.2A
or
30
to
a
licensed
food
establishment
or
farmers
market
regulated
31
under
chapter
137F
as
provided
in
section
137F.8B
.
32
(3)
The
raw
milk
product
or
raw
milk
dairy
product
shall
33
only
be
used
for
consumption
by
the
individual,
members
of
the
34
individual’s
household,
or
the
individual’s
nonpaying
guests
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or
nonpaying
employees.
1
DIVISION
IV
2
RULEMAKING
AND
EFFECTIVE
DATE
3
Sec.
10.
EMERGENCY
RULES.
The
department
of
inspections,
4
appeals,
and
licensing
shall
adopt
emergency
rules
under
5
section
17A.4,
subsection
3,
and
section
17A.5,
subsection
2,
6
paragraph
“b”,
to
implement
the
provisions
of
this
Act
within
7
one
hundred
eighty
days
of
the
effective
date
of
this
Act
and
8
shall
submit
such
rules
to
the
administrative
rules
coordinator
9
and
the
administrative
code
editor
pursuant
to
section
17A.5,
10
subsection
1,
within
the
same
period.
The
rules
shall
be
11
effective
immediately
upon
filing
unless
a
later
date
is
12
specified
in
the
rules.
Any
rules
adopted
in
accordance
with
13
this
section
shall
also
be
published
as
a
notice
of
intended
14
action
as
provided
in
section
17A.4.
15
Sec.
11.
EFFECTIVE
DATE.
This
Act,
being
deemed
of
16
immediate
importance,
takes
effect
upon
enactment.
17
EXPLANATION
18
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
19
the
explanation’s
substance
by
the
members
of
the
general
assembly.
20
HOME
FOOD
ESTABLISHMENTS
——
BACKGROUND.
Under
Code
chapter
21
137F,
the
department
of
inspections,
appeals,
and
licensing
22
(DIAL)
regulates
food
establishments
that
provide
food
for
sale
23
on
a
retail
basis,
including
grocery
stores
and
restaurants
24
(see
Code
section
137F.3).
A
food
establishment
may
also
25
be
regulated
by
a
political
subdivision
(referred
to
as
a
26
municipal
corporation)
under
contract
with
DIAL.
Generally,
27
a
food
establishment
is
subject
to
certain
administrative
28
requirements,
including
licensing
and
the
payment
of
an
29
associated
licensing
fee
(Code
sections
137F.5,
137F.7,
and
30
137F.6),
and
inspections
(Code
sections
137F.9,
137F.10,
31
137F.11,
and
137F.11A).
A
food
establishment
must
comply
with
32
a
number
of
requirements
that
apply
to
indoor
facilities,
33
including
those
relating
to
plumbing
(Code
section
137F.12),
34
water
and
waste
treatment
(Code
section
137F.13),
toilets
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and
lavatories
(Code
section
137F.14),
and
fire
safety
(Code
1
section
137F.15).
A
person
who
does
not
operate
with
a
valid
2
license
is
subject
to
a
civil
penalty
of
up
to
twice
the
amount
3
of
the
annual
license
fee
(Code
section
137F.9).
A
food
4
establishment
operating
in
violation
of
the
Code
chapter
may
be
5
enjoined
from
further
operation
(Code
section
137F.18).
6
HOME
FOOD
PROCESSING
ESTABLISHMENTS
——
BACKGROUND.
Under
7
Code
chapter
137D,
a
home
food
processing
establishment
8
is
a
business
operating
on
the
premises
of
a
residence
in
9
which
homemade
food
items
are
produced
for
sale
or
resale,
10
for
consumption
off
premises,
if
the
business
has
gross
11
annual
sales
of
less
than
$50,000.
The
home
food
processing
12
establishment
is
required
to
be
licensed
and
inspected
by
DIAL
13
(Code
section
137D.2).
A
home
food
processing
establishment
is
14
subject
to
regulations
governing
time/temperature
control
for
15
safety
food.
A
person
who
violates
the
Code
chapter
is
subject
16
to
a
civil
penalty
of
$100
per
violation
(Code
section
137D.3).
17
A
home
food
processing
establishment
operating
in
violation
of
18
the
Code
chapter
may
be
enjoined
from
further
operation
(Code
19
section
137D.4).
20
FARM-TO-TABLE
EVENTS
——
BILL’S
PROVISIONS.
This
bill
amends
21
Code
chapter
137F
by
providing
for
a
new
farm-to-table
event
22
license
that
is
separate
from
a
food
establishment
license.
A
23
farm-to-table
event
is
an
event
where
food
is
stored,
prepared,
24
and
served
on
a
farm,
subject
to
certain
conditions:
(1)
the
25
person
operating
the
event
must
hold
a
legal
interest
in
the
26
farm,
(2)
the
principal
source
of
income
annually
generated
27
from
the
farm
cannot
derive
from
the
events,
(3)
any
meal
28
prepared
on
the
farm
must
be
for
on-premises
consumption,
(4)
29
the
meal
must
be
served
outside
a
building,
unless
otherwise
30
provided
by
rules
adopted
by
DIAL,
and
(5)
the
meal
must
31
include
a
food
entree
that
includes
as
a
principal
ingredient
32
a
farm
commodity
that
was
produced
on
the
farm.
The
license
33
is
for
a
period
of
one
year
and
the
license
fee
is
$100,
which
34
covers
any
number
of
events
conducted
on
the
farm.
DIAL
is
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required
to
adopt
rules
as
necessary
to
administer
and
enforce
1
these
provisions,
which
may
provide
for
(1)
food
safety,
(2)
2
sanitary
facilities,
(3)
fire
control,
and
(4)
the
possibility
3
of
moving
an
event
inside
due
to
unforeseen
circumstances.
A
4
person
who
violates
new
Code
section
137F.22
is
subject
to
the
5
same
penalty
as
provided
in
Code
section
137F.9.
6
COTTAGE
FOODS
——
BACKGROUND.
A
cottage
food
is
a
food
7
produced
at
a
private
residence
that
is
not
a
time/temperature
8
control
for
safety
food.
A
cottage
food
is
exempt
from
all
9
licensing,
permitting,
inspection,
packaging,
and
labeling
laws
10
of
the
state
if
the
food
is
sold
and
delivered
by
the
producer
11
directly
to
the
consumer
or
delivered
by
mail
or
by
an
agent
of
12
the
producer.
Cottage
food
sold
in
such
manner
must
be
affixed
13
or
labeled
with
information
to
identify
the
name
and
contact
14
information
of
the
person
preparing
the
food,
the
common
name
15
of
the
food,
the
ingredients,
a
disclaimer,
and,
if
the
food
is
16
home-processed
and
home-canned
pickles,
vegetables,
or
fruits,
17
the
date
that
the
food
was
processed
and
canned.
18
COTTAGE
FOODS
——
BILL’S
PROVISIONS.
The
bill
provides
19
that
a
cottage
food
may
be
sold
to
a
food
establishment
20
commonly
referred
to
as
a
grocery
store
(selling
a
food
sold
21
for
intended
preparation
or
consumption
off
premises).
The
22
food
establishment
cannot
intermingle
cottage
food
with
other
23
food.
The
food
establishment
cannot
store
cottage
food
and
24
other
food
on
the
same
shelf
or
as
part
of
the
same
display.
25
Packaged
cottage
food
must
be
affixed
or
labeled
with
the
same
26
information
required
to
be
affixed
or
labeled
with
cottage
27
food
that
is
delivered
directly
to
consumers.
The
food
28
establishment
must
post
a
notice
advertising
that
the
food
is
29
cottage
food
and
make
available
a
fact
sheet
with
the
same
30
information
required
to
be
affixed
or
labeled
to
a
packaged
31
cottage
food.
32
DISTRIBUTION
OF
RAW
MILK
AND
ASSOCIATED
PRODUCTS
——
33
BACKGROUND.
Under
Code
chapter
195,
a
milk
producer
may
34
elect
to
produce,
process,
market,
or
distribute
raw
milk,
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or
to
use
the
raw
milk
to
manufacture,
market,
or
distribute
1
a
raw
milk
product
or
raw
milk
dairy
product.
In
order
to
2
make
this
election,
the
raw
milk
producer
must
comply
with
a
3
number
of
requirements
relating
to
the
health
of
the
dairy
herd
4
and
the
distribution
of
the
raw
milk
or
associated
products,
5
including
labeling
requirements
(Code
sections
195.8
and
6
195.9).
Generally,
raw
milk
or
its
associated
products
must
be
7
distributed
directly
to
an
individual
customer
at
the
raw
milk
8
dairy
or
to
a
location
specified
by
the
customer.
However,
a
9
person
cannot
deliver
the
raw
milk
or
associated
product
to
10
a
place
of
business
where
food
or
food
items
are
distributed
11
on
a
retail
basis,
including
but
not
limited
to
a
home
food
12
processing
establishment,
food
establishment,
or
farmers
13
market.
14
DISTRIBUTION
OF
RAW
MILK
AND
ASSOCIATED
PRODUCTS
——
BILL’S
15
PROVISIONS.
The
bill
provides
that
a
home
food
processing
16
establishment
or
a
food
establishment
operating
under
a
17
valid
license
to
sell
or
otherwise
distribute
food
for
18
off-premises
consumption
may
also
sell
raw
milk
or
associated
19
products
if
(1)
the
home
food
processing
establishment
or
food
20
establishment
is
located
on
the
raw
dairy
farm,
(2)
the
raw
21
milk
producer
is
acting
in
compliance
with
Code
chapter
195,
22
and
(3)
the
raw
milk
is
produced
and
any
associated
products
23
are
manufactured
on
the
raw
milk
dairy
farm
in
compliance
with
24
that
Code
chapter.
25
EMERGENCY
RULES.
DIAL
must
adopt
rules
to
implement
the
bill
26
on
an
emergency
basis,
which
rules
are
to
take
effect
within
27
180
days
of
the
effective
date
of
the
bill.
28
EFFECTIVE
DATE.
The
bill
takes
effect
upon
enactment.
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