Providing for the sale and distribution of certain food, providing for fees, making penalties applicable, and including effective date provisions

HOME FOOD ESTABLISHMENTS —— BACKGROUND.3). A food establishment may also be regulated by another regulated authority that is a political subdivision (referred to as a municipal corporation) under contract with DIAL.11A).15).9).18). HOME FOOD PROCESSING ESTABLISHMENTS —— BACKGROUND. Under Code chapter 137D, a home food processing establishment is a business operating on the premises of a residence in which homemade food items are produced for sale or resale, for consumption off premises, if the business has gross annual sales of less than $50,000. 2). A home food processing establishment is subject to regulations governing time/temperature control for safety food.3).4). TEMPORARY FOOD ESTABLISHMENTS AND EVENTS —— BACKGROUND.1).1).5).6). FARM-TO-TABLE EVENTS —— BILL’S PROVISIONS.1). A farm-to-table event must be located on real estate classified as agricultural property for property tax purposes (see 701 IAC 102). The person conducting the event must hold a legal interest in the agricultural property. The event must (1) include a meal prepared on the Iowa farm or off site and transported to the farm by a food establishment operating as a caterer, and (2) be conducted outdoors or within a structure located on the Iowa farm. Finally, at least 50 percent of the meal must be derived from an agricultural product produced by persons participating in the choose Iowa promotional program as provided in Code chapter 187. COTTAGE FOODS —— BACKGROUND.1).20). Cottage food sold in such manner must be affixed or labeled with information to identify the name and contact information of the person preparing the food, the common name of the food, the ingredients, a disclaimer, and, if the food is home-processed and home-canned pickles, vegetables, or fruits, the date that the food was processed and canned. COTTAGE FOODS —— BILL’S PROVISIONS.22). The cottage food producer or producer’s employee must distribute the cottage food directly to the consumer. The food establishment cannot intermingle the cottage food with food that is not cottage food. The food establishment cannot store the cottage food with other food on the same shelf or as part of the same display. The cottage food must be packaged and labeled. Finally, the food establishment must post a conspicuous notice at the location where the cottage food is offered for sale or sold stating that the cottage food was produced at a residential property exempt from state licensing and inspection. The bill also provides that a farm-to-table event may serve cottage food that is produced on the farm as part of a farm-to-table event. RAW MILK AND ASSOCIATED PRODUCTS —— BACKGROUND. Under Code chapter 195, a milk producer may elect to produce, process, market, or distribute raw milk, or to use the raw milk to manufacture, market, or distribute a raw milk product or raw milk dairy product (raw milk or associated product) (Code chapter 190). In order to make this election, the raw milk producer must comply with a number of requirements relating to the health of the dairy herd.6).9). A label must be affixed to a container holding raw milk or an associated product notifying consumers that its contents are not subject to state inspection or other public health regulations that require pasteurization and grading. Generally, raw milk or its associated products must be distributed directly to an individual customer at the raw milk dairy or to a location specified by the customer. However, a person cannot deliver the raw milk or associated product to a place of business where food or food items are distributed on a retail basis, including but not limited to a home food processing establishment, food establishment, or farmers market. RAW MILK AND ASSOCIATED PRODUCTS —— BILL’S PROVISIONS —— RAW MILK DAIRY THAT IS A HOME FOOD PROCESSING ESTABLISHMENT OR FOOD ESTABLISHMENT. The bill in part applies to a (1) home food processing establishment, or (2) food establishment that sells or otherwise distributes food for off-premises consumption.8). RAW MILK AND ASSOCIATED PRODUCTS —— BILL’S PROVISIONS —— VETERINARIAN’S EXAMINATION OF DAIRY ANIMALS —— LIABILITY.6). RAW MILK AND ASSOCIATED PRODUCTS —— BILL’S PROVISIONS —— TERM “INHERENT RISK” —— NOTICE AND LIABILITY.1).9).9A). In each case, the person is not civilly liable for an injury, illness, or death suffered by an individual that was directly caused by the individual consuming the raw milk or associated product who thereby has assumed the inherent risk. Several exceptions apply: (1) the raw milk or associated product was not produced and processed, or manufactured, kept for storage, marketed, or distributed in compliance with Code chapter 195; or (2) the person acted, or omitted to act, in a manner that constituted gross negligence, recklessness, willful or wanton misconduct, or intentional wrongdoing. EMERGENCY RULES. DIAL must adopt rules to implement the bill on an emergency basis, which rules are to take effect within 180 days of the effective date of the bill. EFFECTIVE DATE. The bill takes effect upon enactment.