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2023 Iowa Code › Title IV - PUBLIC HEALTH › Chapter 137D - HOME FOOD PROCESSING ESTABLISHMENTS › Section 137D.1 - Definitions.

137D.1 Definitions.
As used in this chapter, unless the context otherwise requires:
1. “Department” means the department of inspections and appeals.
2. “Food” means any raw, cooked, or processed edible substance, ice, beverage, or ingredient used or intended for use or sale in whole or in part for human consumption.
3. “Home food processing establishment” means a business on the premises of a residence in which homemade food items are produced for sale or resale, for consumption off the premises, if the business has gross annual sales of less than fifty thousand dollars. However, “home food processing establishment” does not include a residence in which food is prepared to be used or sold by churches, fraternal societies, charitable organizations, or civic organizations.
4. “Homemade food item” means a food that is produced and, if packaged, packaged at a home food processing establishment. “Homemade food item” includes food that is not time/temperature control for safety food, but does not include such food if produced and sold under section 137F.20. “Homemade food item” does not include unpasteurized fruit or vegetable juice, raw sprout seeds, foods containing game animals, fish or shellfish, alcoholic beverages, bottled water, packaged ice, consumable hemp products, food that will be further processed by a food processing plant, time/temperature control for safety food packaged using a reduced oxygen packaging method, milk or milk products regulated under chapter 192 or 194, and meat, meat food products, poultry, or poultry products regulated under chapter 189A, except for any of the following products when sold directly to the end consumer:
a. Poultry, poultry byproduct, or poultry food product if the producer raised the poultry pursuant to the exemption set forth in
9 C.F.R. §381.10(c)(1)
limiting the producer to slaughtering not more than one thousand poultry during the calendar year.
b. Poultry, poultry byproduct, or poultry food product if the poultry is from an inspected source exempted pursuant to
9 C.F.R. §381.10(d)
.
c. Meat, meat byproduct, or meat food product if the meat is from an inspected source exempted pursuant to
9 C.F.R. §303.1(d)
.
5. “Produce”, with respect to preparing homemade food items, means to prepare a food item by cooking, baking, drying, mixing, cutting, fermenting, preserving, freezing, dehydrating, growing, raising, or other process. “Produce” does not include the preparation methods of low-acid canning, low-acid fermentation, acidification, curing, and smoking for preservation rather than flavor enhancement.
6. “Time/temperature control for safety food” means a food that requires time and temperature controls for safety to limit pathogenic microorganism growth or toxin formation.
88 Acts, ch 1220, §7
C89, §170C.1
C91, §137D.1
2016 Acts, ch 1086, §2, 3; 2022 Acts, ch 1129, §2; 2022 Acts, ch 1153, §56
Section amended
2023 Iowa Code › Title IV - PUBLIC HEALTH › Chapter 137D - HOME FOOD PROCESSING ESTABLISHMENTS › Section 137D.2 - Licenses and inspections.

137D.2 Licenses and inspections.
1. A person shall not open or operate a home food processing establishment until a license has been obtained from the department. The department shall collect a fee of fifty dollars for a license. After collection, the fees shall be deposited in a special fund in the state treasury. Moneys in the fund are appropriated to the department for the administration of this chapter. A license shall expire one year from date of issue. A license is renewable.
2. A person shall not sell or distribute from a home food processing establishment if the home food processing establishment is unlicensed, the license of the home food processing establishment is suspended, or the food fails to meet standards adopted for such food by the department.
3. An application for a license under this chapter shall be made upon a form furnished by the department and shall contain the items required by the department according to rules adopted by the department.
4. The department shall regulate, license, and inspect home food processing establishments in a manner that is consistent with this chapter.
5. The department shall provide for the periodic inspection of a home food processing establishment. The inspector may enter the home food processing establishment at any reasonable hour to make the inspection. The department shall inspect only those areas related to preparing food for sale.
6. The department shall regulate and may inspect food prepared at a home food processing establishment in a manner that is consistent with this chapter. The inspection may occur at any place where a homemade food item is created, transported, or stored for sale or resale.
7. A home food processing establishment shall affix or label a homemade food item with all of the following information:
a. Information to identify the name of the home food processing establishment.
b. The common name of the food.
c. The ingredients of the homemade food item in descending order of predominance.
d. The net quantity of contents.
e. For refrigerated time/temperature control for safety foods, an expiration date based on food safety.
f. The following statement: “This product was produced at a home food processing establishment.” If the homemade food item contains one or more major food allergens, an additional allergen statement must be included on the label identifying each major allergen contained in the food by the common name of the allergen.
8. The department may adopt rules under chapter 17A to administer this chapter.
88 Acts, ch 1220, §8
C89, §170C.2
C91, §137D.2
2007 Acts, ch 215, §209; 2016 Acts, ch 1086, §4; 2018 Acts, ch 1144, §4, 16; 2022 Acts, ch 1129, §3
Referred to in §137D.3
Section amended
2023 Iowa Code › Title IV - PUBLIC HEALTH › Chapter 137D - HOME FOOD PROCESSING ESTABLISHMENTS › Section 137D.3 - Penalty.

137D.3 Penalty.
A person who violates a provision of this chapter, including a standard adopted by departmental rule, relating to home food processing establishments or homemade food items produced in a home food processing establishment shall be subject to a civil penalty in the amount of one hundred dollars per violation, to be collected by the department. Moneys collected from civil penalties shall be deposited in the special fund referred to in section 137D.2. Each day that the violation continues constitutes a separate violation.
88 Acts, ch 1220, §9
C89, §170C.3
C91, §137D.3
2016 Acts, ch 1086, §5; 2022 Acts, ch 1129, §4
Section amended
2023 Iowa Code › Title IV - PUBLIC HEALTH › Chapter 137D - HOME FOOD PROCESSING ESTABLISHMENTS › Section 137D.4 - Injunction.

137D.4 Injunction.
A person operating a home food processing establishment or selling homemade food items created at a home food processing establishment in violation of a provision of this chapter may be restrained by injunction from further operating that home food processing establishment. If an imminent health hazard exists, the home food processing establishment must cease operation and notify the department. Operation shall not be resumed until authorized by the department.
88 Acts, ch 1220, §10
C89, §170C.4
C91, §137D.4
2016 Acts, ch 1086, §6; 2022 Acts, ch 1129, §5
Section amended
2023 Iowa Code › Title IV - PUBLIC HEALTH › Chapter 137D - HOME FOOD PROCESSING ESTABLISHMENTS › Section 137D.6 - Conflicts with state building code.

137D.6 Conflicts with state building code.
Provisions of this chapter, including standards for home food processing establishments adopted by the department, in conflict with the state building code, as adopted pursuant to section 103A.7, shall not apply where the state building code has been adopted or when the state building code applies throughout the state.
88 Acts, ch 1220, §12
C89, §170C.6
C91, §137D.6
2004 Acts, ch 1086, §39; 2016 Acts, ch 1086, §7; 2022 Acts, ch 1129, §6
Section amended
2023 Iowa Code › Title IV - PUBLIC HEALTH › Chapter 137D - HOME FOOD PROCESSING ESTABLISHMENTS › Section 137D.8 - Suspension or revocation of licenses.

137D.8 Suspension or revocation of licenses.
The department may suspend or revoke a license issued to a person under this chapter if any of the following occurs:
1. The person’s home food processing establishment does not conform to a provision of this chapter or a rule adopted pursuant to this chapter.
2. The person violates a provision of this chapter or a rule adopted pursuant to this chapter.
3. The person conducts an activity constituting a criminal offense in the home food processing establishment and is convicted of a serious misdemeanor or a more serious offense as a result.
91 Acts, ch 107, §10; 2016 Acts, ch 1086, §8; 2022 Acts, ch 1129, §7
Section amended
2023 Iowa Code › Title IV - PUBLIC HEALTH › Chapter 137F - FOOD ESTABLISHMENTS AND FOOD PROCESSING PLANTS › Section 137F.2 - Adoption by rule.

137F.2 Adoption by rule.
1. The department shall, in accordance with chapter 17A, adopt rules setting minimum standards for entities covered under this chapter to protect consumers from foodborne illness. In so doing, the department may adopt by reference, with or without amendment, the United States food and drug administration food code, which shall be specified by title and edition, date of publication, or similar information. The rules and standards shall be formulated in consultation with municipal corporations under agreement with the department, affected state agencies, and industry, professional, and consumer groups.
2. In establishing minimum standards as described in subsection 1, the department shall adopt rules for the sale at a farmers market of culinary mushrooms commonly referred to as a variety of wild golden oyster and classified as pleurotus ostreatus, pleurotus populinus, or pleurotus pulmonarious.
98 Acts, ch 1162, §7, 30; 99 Acts, ch 208, §29 – 32; 2001 Acts, ch 81, §3; 2007 Acts, ch 215, §212; 2019 Acts, ch 73, §1, 2
Referred to in §137C.6, 137F.3, 331.756(28), 455C.4
2023 Iowa Code › Title IV - PUBLIC HEALTH › Chapter 137F - FOOD ESTABLISHMENTS AND FOOD PROCESSING PLANTS › Section 137F.3 - Authority to enforce.

137F.3 Authority to enforce.
1. The director shall regulate, license, and inspect food establishments and food processing plants and enforce this chapter pursuant to rules adopted by the department in accordance with chapter 17A. Municipal corporations shall not regulate, license, inspect, or collect license fees from food establishments and food processing plants, except as provided in this section.
2. A municipal corporation may enter into an agreement with the director to provide that the municipal corporation shall license, inspect, and otherwise enforce this chapter within its jurisdiction. The director may enter into the agreement if the director finds that the municipal corporation has adequate resources to perform the required functions. A municipal corporation may only enter into an agreement to enforce the rules setting minimum standards to protect consumers from foodborne illness adopted pursuant to section 137F.2 if it also agrees to enforce the Iowa hotel sanitation code pursuant to section 137C.6. However, the department shall license and inspect all food processing plants which manufacture, package, or label food products. A municipal corporation may license and inspect, as authorized by this section, food processing plants whose operations are limited to the storage of food products.
3. If the director enters into an agreement with a municipal corporation as provided by this section, the director shall provide that the inspection practices of a municipal corporation are spot-checked on a regular basis.
4. A municipal corporation that is responsible for enforcing this chapter within its jurisdiction pursuant to an agreement shall use the data system prescribed by the director for activities governed by an agreement executed pursuant to this section.
5. The director shall monitor municipal corporations which have entered into an agreement pursuant to this section to determine if they are enforcing this chapter within their respective jurisdictions. If the director determines that this chapter is not enforced by a municipal corporation, the director may rescind the agreement after reasonable notice and an opportunity for a hearing. If the agreement is rescinded, the director shall assume responsibility for enforcement in the jurisdiction involved.
6. The inspection staff of a municipal corporation that has entered into an agreement with the director to enforce this chapter shall be required by the department to apply the current rules setting minimum standards to protect consumers from foodborne illness adopted pursuant to section 137F.2 to ensure consistency in application of the rules. A municipal corporation’s failure to comply may result in the department rescinding the agreement with the municipal corporation, after reasonable notice and an opportunity for a hearing.
98 Acts, ch 1162, §8, 30; 2007 Acts, ch 215, §213; 2018 Acts, ch 1144, §10, 16
Referred to in §137F.1
2023 Iowa Code › Title IV - PUBLIC HEALTH › Chapter 137F - FOOD ESTABLISHMENTS AND FOOD PROCESSING PLANTS › Section 137F.3A - Municipal corporation inspections — contingent appropriation.

137F.3A Municipal corporation inspections — contingent appropriation.
1. a. The department of inspections and appeals may employ additional full-time equivalent positions to enforce the provisions of this chapter and chapters 137C and 137D, with the approval of the department of management, if either of the following apply:
(1) A municipal corporation operating pursuant to a chapter 28E agreement with the department of inspections and appeals to enforce the chapters either fails to renew the agreement effective after April 1, 2007, or discontinues, after April 1, 2007, enforcement activities in one or more jurisdictions during the agreement time frame.
(2) The department of inspections and appeals cancels an agreement after April 1, 2007, due to noncompliance with the terms of the agreement.
b. Before approval may be given, the director of the department of management must have determined that the expenses exceed the funds budgeted by the general assembly for food inspections to the department of inspections and appeals. The department of inspections and appeals may hire no more than one full-time equivalent position for each six hundred inspections required pursuant to this chapter and chapters 137C and 137D.
2. Notwithstanding chapter 137D, and sections 137C.9 and 137F.6, if the conditions described in this section are met, fees imposed pursuant to that chapter and those sections shall be retained by and are appropriated to the department of inspections and appeals each fiscal year to provide for salaries, support, maintenance, and miscellaneous purposes associated with the additional inspections. The appropriation made in this subsection is not applicable in a fiscal year for which the general assembly enacts an appropriation made for the purposes described in this subsection.
2006 Acts, ch 1185, §46, 53; 2007 Acts, ch 215, §214, 221; 2009 Acts, ch 133, §39
For certain fiscal years, certain fees collected by the department of inspections and appeals as a result of licensing and registration activities under chapters 99B, 137C, 137D, and 137F shall be retained by the department for purposes of enforcing those chapters and certain fees collected on behalf of a municipal corporation shall be remitted to the municipal corporation;
2016 Acts, ch 1130, §12
;
2017 Acts, ch 171, §13, 40
;
2018 Acts, ch 1164, §11
; 2019 Acts, ch 136, §13; 2020 Acts, ch 11212020 Acts, ch 1121, §1; 2021 Acts, ch 142, §13; 2022 Acts, ch 1140, §13
2023 Iowa Code › Title IV - PUBLIC HEALTH › Chapter 137F - FOOD ESTABLISHMENTS AND FOOD PROCESSING PLANTS › Section 137F.4 - License required.

137F.4 License required.
A person shall not operate a food establishment or food processing plant to provide goods or services to the general public, or open a food establishment to the general public, until the appropriate license has been obtained from the regulatory authority. Sale of products at wholesale to outlets not owned by a commissary owner requires a food processing plant license. A license shall expire one year from the date of issue. A license is renewable if application for renewal is made prior to expiration of the license or within sixty days of the expiration date of the license. All licenses issued under this chapter that are not renewed by the licensee on or before the expiration date shall be subject to a penalty of ten percent per month of the license fee if the license is renewed at a later date.
98 Acts, ch 1162, §9, 30; 2018 Acts, ch 1144, §11, 16
Referred to in §135.16A
2023 Iowa Code › Title IV - PUBLIC HEALTH › Chapter 137F - FOOD ESTABLISHMENTS AND FOOD PROCESSING PLANTS › Section 137F.5 - Application for license.

137F.5 Application for license.
1. An application form prescribed by the department for a license under this chapter shall be obtained from the department or from a municipal corporation which is a regulatory authority. A completed application shall be submitted to the appropriate regulatory authority.
2. A person conducting an event shall submit a license application and an application fee of fifty dollars to the appropriate regulatory authority at least sixty days in advance of the event. An “event” for purposes of this subsection does not include a function with ten or fewer temporary food establishments, a fair as defined in section 174.1, or a farmers market.
3. The dominant form of business shall determine the type of license for establishments which engage in operations covered under both the definition of a food establishment and of a food processing plant.
4. The regulatory authority where the unit is domiciled shall issue a license for a mobile food unit.
98 Acts, ch 1162, §10, 30; 2017 Acts, ch 54, §76; 2018 Acts, ch 1144, §12, 16
2023 Iowa Code › Title IV - PUBLIC HEALTH › Chapter 137F - FOOD ESTABLISHMENTS AND FOOD PROCESSING PLANTS › Section 137F.7 - Suspension or revocation of licenses.

137F.7 Suspension or revocation of licenses.
1. The regulatory authority may suspend or revoke a license issued to a person under this chapter pursuant to rules adopted by the department if any of the following occurs:
a. The person’s food establishment or food processing plant does not conform to a provision of this chapter or a rule adopted pursuant to this chapter.
b. The person conducts an activity constituting a criminal offense in the food establishment or food processing plant and is convicted of a serious misdemeanor or a more serious offense as a result.
2. A licensee may appeal a suspension or revocation in accordance with rules adopted by the department.
98 Acts, ch 1162, §12, 30; 2009 Acts, ch 41, §263
2023 Iowa Code › Title IV - PUBLIC HEALTH › Chapter 137F - FOOD ESTABLISHMENTS AND FOOD PROCESSING PLANTS › Section 137F.8A - Stand operated by a minor.

137F.8A Stand operated by a minor.
A municipal corporation or regulatory authority shall not adopt or enforce an ordinance or rule that requires a license, permit, or fee to sell or otherwise distribute food at a stand operated by a minor.
2020 Acts, ch 1084, §3
2023 Iowa Code › Title IV - PUBLIC HEALTH › Chapter 137F - FOOD ESTABLISHMENTS AND FOOD PROCESSING PLANTS › Section 137F.9 - Operation without inspection prohibited.

137F.9 Operation without inspection prohibited.
1. A person shall not open or operate a food establishment or food processing plant until an inspection has been made and a license has been issued by the regulatory authority. Inspections shall be conducted according to standards adopted by rule of the department pursuant to chapter 17A.
2. A person who opens or operates a food establishment or food processing plant without a license is subject to a penalty of up to twice the amount of the annual license fee.
98 Acts, ch 1162, §14, 30
2023 Iowa Code › Title IV - PUBLIC HEALTH › Chapter 137F - FOOD ESTABLISHMENTS AND FOOD PROCESSING PLANTS › Section 137F.10 - Regular inspections.

137F.10 Regular inspections.
The appropriate regulatory authority shall provide for the inspection of each food establishment and food processing plant in this state in accordance with this chapter and with rules adopted pursuant to this chapter in accordance with chapter 17A. A regulatory authority may enter a food establishment or food processing plant at any reasonable hour to conduct an inspection. The manager or person in charge of the food establishment or food processing plant shall afford free access to every part of the premises and render all aid and assistance necessary to enable the regulatory authority to make a thorough and complete inspection. As part of the inspection process, the regulatory authority shall provide an explanation of the violation or violations cited and provide guidance as to actions for correction and elimination of the violation or violations.
98 Acts, ch 1162, §15, 30; 2007 Acts, ch 215, §216
2023 Iowa Code › Title IV - PUBLIC HEALTH › Chapter 137F - FOOD ESTABLISHMENTS AND FOOD PROCESSING PLANTS › Section 137F.11 - Inspection upon complaint.

137F.11 Inspection upon complaint.
Upon receipt of a complaint by a customer of a food establishment or food processing plant stating facts indicating the premises are in an unsanitary condition, the regulatory authority may conduct an inspection.
98 Acts, ch 1162, §16, 30
2023 Iowa Code › Title IV - PUBLIC HEALTH › Chapter 137F - FOOD ESTABLISHMENTS AND FOOD PROCESSING PLANTS › Section 137F.11A - Posting of inspection reports.

137F.11A Posting of inspection reports.
An establishment inspected under this chapter shall post the most recent routine inspection report, along with any current complaint or reinspection reports, in a location at the establishment that is readily visible to the public.
2007 Acts, ch 215, §217
2023 Iowa Code › Title IV - PUBLIC HEALTH › Chapter 137F - FOOD ESTABLISHMENTS AND FOOD PROCESSING PLANTS › Section 137F.12 - Plumbing.

137F.12 Plumbing.
A food establishment or food processing plant shall have an adequately designed plumbing system conforming to at least the minimum requirements of the state plumbing code, or local plumbing code, whichever is more stringent. The plumbing system shall have a connection to a municipal water and sewer system or to a benefited water district or sanitary district if such facilities are available.
98 Acts, ch 1162, §17, 30
2023 Iowa Code › Title IV - PUBLIC HEALTH › Chapter 137F - FOOD ESTABLISHMENTS AND FOOD PROCESSING PLANTS › Section 137F.13 - Water and waste treatment.

137F.13 Water and waste treatment.
If a food establishment or food processing plant is served by privately owned water or waste treatment facilities, those facilities shall meet the technical requirements of the local board of health and the department of natural resources.
98 Acts, ch 1162, §18, 30
2023 Iowa Code › Title IV - PUBLIC HEALTH › Chapter 137F - FOOD ESTABLISHMENTS AND FOOD PROCESSING PLANTS › Section 137F.14 - Toilets and lavatories.

137F.14 Toilets and lavatories.
A food establishment or food processing plant shall provide toilet and lavatory facilities in accordance with rules adopted by the department pursuant to this chapter in accordance with chapter 17A.
98 Acts, ch 1162, §19, 30
2023 Iowa Code › Title IV - PUBLIC HEALTH › Chapter 137F - FOOD ESTABLISHMENTS AND FOOD PROCESSING PLANTS › Section 137F.15 - Fire safety.

137F.15 Fire safety.
A violation of a fire safety rule adopted pursuant to section 100.35 and applicable to food establishments or food processing plants which occurs on the premises of a food establishment or food processing plant is a violation of this chapter.
98 Acts, ch 1162, §20, 30
2023 Iowa Code › Title IV - PUBLIC HEALTH › Chapter 137F - FOOD ESTABLISHMENTS AND FOOD PROCESSING PLANTS › Section 137F.16 - Conflicts with state building code.

137F.16 Conflicts with state building code.
Provisions of this chapter in conflict with the state building code, as adopted pursuant to section 103A.7, shall not apply where the state building code has been adopted or when the state building code applies throughout the state.
98 Acts, ch 1162, §21, 30; 2004 Acts, ch 1086, §40
2023 Iowa Code › Title IV - PUBLIC HEALTH › Chapter 137F - FOOD ESTABLISHMENTS AND FOOD PROCESSING PLANTS › Section 137F.18 - Injunction.

137F.18 Injunction.
A person opening or operating a food establishment or food processing plant in violation of this chapter may be enjoined from further operation of the establishment or plant. If an imminent health hazard exists, the establishment or plant must cease operation. Operation shall not be resumed until authorized by the regulatory authority.
98 Acts, ch 1162, §23, 30
2023 Iowa Code › Title IV - PUBLIC HEALTH › Chapter 137F - FOOD ESTABLISHMENTS AND FOOD PROCESSING PLANTS › Section 137F.19 - Duty of county or city attorney.

137F.19 Duty of county or city attorney.
The county attorney in each county or city attorney in each city shall assist in the enforcement of this chapter.
98 Acts, ch 1162, §24, 30
Referred to in §331.756(28)
2023 Iowa Code › Title IV - PUBLIC HEALTH › Chapter 137F - FOOD ESTABLISHMENTS AND FOOD PROCESSING PLANTS › Section 137F.20 - Cottage food — requirements.

137F.20 Cottage food — requirements.
1. Cottage food is exempt from all licensing, permitting, inspection, packaging, and labeling laws of the state if the food is sold and delivered by the producer directly to the consumer, or delivered by mail or an agent of the producer such as an employee. A producer may sell food to the consumer in person, remotely, by telephone, by internet, or by an agent of the producer.
2. Cottage food sold pursuant to this section shall be affixed or labeled with all of the following information:
a. Information to identify the name and address, phone number, or electronic mail address of the person preparing the food.
b. The common name of the food.
c. The ingredients of the cottage food in descending order of predominance.
d. The following statement: “This product was produced at a residential property that is exempt from state licensing and inspection.” If the cottage food contains one or more major food allergens, an additional allergen statement must be included on the label identifying each major allergen contained in the food by the common name of the allergen.
e. If the food is home-processed and home-canned pickles, vegetables, or fruits permitted under this section, the date that the food was processed and canned.
3. Compliance with the cottage food exemption provided in this section does not represent compliance with federal law.
2022 Acts, ch 1129, §10
Referred to in §137D.1, 137F.1
NEW section
2023 Iowa Code › Title IV - PUBLIC HEALTH › Chapter 137G - FOOD DELIVERY PLATFORMS › Section 137G.1 - Definitions.

137G.1 Definitions.
As used in this chapter, unless the context otherwise requires:
1. “Consent” means a mutual acknowledgment by a restaurant and a food delivery platform, which may be obtained electronically.
2. “Food delivery platform” or “platform” means a business that acts as a third-party intermediary by taking and arranging for the delivery or pickup of orders from multiple restaurants for consumers, not including delivery or pickup orders placed directly with, and fulfilled by, a restaurant. “Food delivery platform” does not include websites, mobile applications, or other electronic services that do not post restaurant menus, logos, or pricing information on the platform.
3. “Likeness” means a mark or trade name.
4. “Mark” means a trademark or service mark, regardless of whether the trademark or service mark is actually registered with the state or other entity.
5. “Restaurant” means a business in the state that operates its own permanent food service facilities with commercial cooking equipment on its premises and prepares and offers to sell multiple entrees for consumption on or off the premises.
6. “Trade name” means a name used by a person or entity to identify a person or entity’s vocation.
2022 Acts, ch 1099, §103, 106
[ ()]Applicability of section to agreements between restaurants and food delivery platforms, see 2022 Acts, ch 1099, §106
NEW section
2023 Iowa Code › Title IV - PUBLIC HEALTH › Chapter 137G - FOOD DELIVERY PLATFORMS › Section 137G.3 - Food safety — liability.

137G.3 Food safety — liability.
1. Orders delivered through a food delivery platform shall be transported in a manner that meets all of the following requirements:
a. The order shall be maintained at a holding temperature necessary to prevent spoilage.
b. All bags or containers in which orders are being transported or delivered from a restaurant to a customer shall be closed or sealed by the restaurant with a tamper-resistant method.
c. The individual delivering orders shall not have any passengers, including animals or children when orders for delivery are being transported in the vehicle, except for one adult passenger not engaging in payment for ride-share services.
d. Smoking or vaping in the vehicle while orders are in the vehicle shall be prohibited.
2. A food delivery platform transporting orders shall be liable for any harm or injury caused by a failure by the food delivery platform to meet the requirements of this chapter.
2022 Acts, ch 1099, §105, 106
[ ()]Applicability of section to agreements between restaurants and food delivery platforms, see 2022 Acts, ch 1099, §106
NEW section
2023 Iowa Code › Title IV - PUBLIC HEALTH › Chapter 138 - MIGRANT LABOR CAMPS › Section 138.1 - Definitions.

138.1 Definitions.
When used in this chapter unless the context otherwise requires:
1. “Camp operator” means the person who has been granted a permit, in accordance with the provisions of this chapter, to operate a migrant labor camp, or portion thereof.
2. “Chemical toilet” means a nonwater carriage toilet facility where human waste is collected in a container charged with a chemical solution for the purpose of disinfecting and deodorizing such waste.
3. “Communicable disease” means any of those diseases regulated by state or local communicable disease laws, ordinances, or regulations.
4. “Department” means the Iowa department of public health.
5. “Director” means the director of public health or the director’s designee.
6. “Garbage” means all putrescible animal or vegetable wastes resulting from the handling, preparation, cooking, or consumption of food at a migrant labor camp.
7. “Migrant” means any individual who customarily and repeatedly travels from state to state for the purpose of obtaining seasonal employment in agriculture, including the spouse and children of such individuals, whether or not authorized by law to engage in such employment.
8. “Migrant labor camp” means one or more buildings, structures, shelters, tents, trailers, or vehicles or any other structure or a combination thereof together with the land appertaining thereto, established, operated, or maintained as living quarters for seven or more migrants or two or more shelters. A camp shall include such land or quarters separate from one another if the migrants housed therein work at any time for the same person and the total number of migrants in all such camps is seven or more. Such separate camps shall constitute a portion of a migrant labor camp.
9. “Person” means an individual, group of individuals, firm, association, partnership, or corporation.
10. “Privy” means a portable or fixed sanitary facility used for excretion in a shelter separate and apart from any building and without water-borne disposal.
11. “Refuse” means all putrescible and nonputrescible solid waste except human body wastes, including garbage, rubbish, and ashes.
12. “Service building” means any building provided for the common use, welfare, and comfort of persons occupying or using the migrant labor camp.
13. “Shelter” means any conventional or unconventional building of one or more rooms, or any tent, trailer, railroad car, or any other enclosure or structure used for sleeping or living purposes.
14. “Toilet room” means an enclosure containing one or more toilet facilities or water closet facilities.
15. “Urinal” means a sanitary fixture or structure installed for the purpose of urination.
16. “Water closet” means a sanitary fixture, within a toilet room, used for excretion and equipped with a bowl and device for flushing the bowl contents into a disposal system.
[C71, 73, 75, 77, 79, 81, §138.1]
2023 Iowa Code › Title IV - PUBLIC HEALTH › Chapter 138 - MIGRANT LABOR CAMPS › Section 138.2 - Permit required.

138.2 Permit required.
No person shall establish, maintain, or operate a migrant labor camp, or portion thereof, directly or indirectly, until the person has obtained a permit to operate such camp from the department and unless the permit is in full force and effect and is posted and remains posted in the camp, or portion thereof, to which it applies at all times during the maintenance and operation of such camp.
[C71, 73, 75, 77, 79, 81, §138.2]
2023 Iowa Code › Title IV - PUBLIC HEALTH › Chapter 138 - MIGRANT LABOR CAMPS › Section 138.3 - Written application.

138.3 Written application.
Written application to operate a migrant labor camp, or portion thereof, shall be made to the department upon forms approved by the department at least sixty days prior to the first day of the intended operation of such camp. The application shall state the name and address of the person requesting a permit; and name and address of the owner of the camp, or portion thereof; approximate number of persons to be lodged in such camp; approximate period during which the migrant labor camp, or portion thereof, is to be operated; the location of such camp, or portion thereof; and any other information required by the department. A separate application shall be submitted for each camp, or portion thereof, and a separate permit shall be issued annually for each such camp, or portion thereof.
[C71, 73, 75, 77, 79, 81, §138.3]
2023 Iowa Code › Title IV - PUBLIC HEALTH › Chapter 138 - MIGRANT LABOR CAMPS › Section 138.4 - Permit not assignable.

138.4 Permit not assignable.
If the department finds, after investigation, that the migrant labor camp, or portion thereof, conforms to the minimum standards required by this chapter, it shall issue a permit for operation of such camp, or portion thereof. A permit shall not be assignable or transferable. It shall expire one year after the date of issuance, or upon a change of operator of the camp or upon revocation.
[C71, 73, 75, 77, 79, 81, §138.4]
2023 Iowa Code › Title IV - PUBLIC HEALTH › Chapter 138 - MIGRANT LABOR CAMPS › Section 138.5 - Revocation or suspension of permit.

138.5 Revocation or suspension of permit.
If the holder of any permit under the provisions of this chapter fails to maintain and operate a migrant labor camp in accordance with the provisions of this chapter and the rules of the department relating thereto, the director shall revoke or suspend the permit for the operation and maintenance of such camp.
[C71, 73, 75, 77, 79, 81, §138.5]
2023 Iowa Code › Title IV - PUBLIC HEALTH › Chapter 138 - MIGRANT LABOR CAMPS › Section 138.6 - Notice of intention.

138.6 Notice of intention.
The director shall serve written notice upon the holder of the permit, by restricted certified mail, return receipt requested, specifying the manner in which the holder of the permit has failed to comply with the provisions of this chapter or any rules of the department and shall fix a reasonable time within which the objectionable condition or conditions must be removed or corrected. If the holder of the permit fails to remove or correct such objectionable condition or conditions within the time fixed by the director, the director shall revoke or suspend such permit. However, if the objectionable condition or conditions endanger the health, safety, or welfare of any inhabitants of a migrant labor camp, the director shall immediately suspend or revoke such permit.
[C71, 73, 75, 77, 79, 81, §138.6]
2023 Iowa Code › Title IV - PUBLIC HEALTH › Chapter 138 - MIGRANT LABOR CAMPS › Section 138.7 - Appeal to director.

138.7 Appeal to director.
When any person applying for a permit to operate a migrant labor camp is denied a permit, or when a permit is suspended or revoked, such person may appeal such denial, suspension, or revocation to the director. The director, after reasonable notice to all interested parties, shall hold a hearing upon such denial, suspension, or revocation. At the hearing all parties involved shall be entitled to be present and represented by counsel and to present such evidence as they desire as to why a permit should, or should not, be issued, suspended, or revoked. The director shall render a decision within thirty days after the termination of the hearing, and a copy of the decision shall be sent by restricted certified mail, return receipt requested, to all parties given notice of the appeal and hearing. Notice of appeal shall be sent in writing to the department by restricted certified mail, return receipt requested, by the aggrieved party. In the event such appeal is taken from a notice of suspension or revocation, such appeal shall be made prior to the date set for such suspension or revocation.
[C71, 73, 75, 77, 79, 81, §138.7]
2023 Iowa Code › Title IV - PUBLIC HEALTH › Chapter 138 - MIGRANT LABOR CAMPS › Section 138.8 - Place — evidence — record.

138.8 Place — evidence — record.
The hearing shall be conducted at the office of the department or at such other place convenient for the aggrieved party or for the attendance of witnesses and receipt of evidence. The director, when requested in writing by any party to the appeal, shall compel by subpoena the attendance and testimony of witnesses and the production of books, papers, and documents. All testimony and evidence shall be received under oath administered by the director. In the event any party fails to attend who has been properly served with a subpoena, application shall be made to the district court in the county where such hearing is to be held, to enforce the subpoena issued by the director. The director shall cause a record of the proceedings at the hearing to be kept and shall provide any interested party to the hearing a transcript of the evidence presented, upon payment of the cost thereof. The hearing may be continued from time to time at the discretion of the director.
[C71, 73, 75, 77, 79, 81, §138.8]
2023 Iowa Code › Title IV - PUBLIC HEALTH › Chapter 138 - MIGRANT LABOR CAMPS › Section 138.9 - Liberal rules to prevail.

138.9 Liberal rules to prevail.
Technical errors in the proceeding or failure to observe the technical rules of evidence shall not constitute grounds for reversal of any decision unless it shall appear to the reviewing court that such error or failure materially affects the rights of any party and results in substantial injustice to any interested party.
[C71, 73, 75, 77, 79, 81, §138.9]
2023 Iowa Code › Title IV - PUBLIC HEALTH › Chapter 138 - MIGRANT LABOR CAMPS › Section 138.10 - Judicial review.

138.10 Judicial review.
Judicial review of actions of the director may be sought in accordance with the terms of the Iowa administrative procedure Act, chapter 17A. Notwithstanding the terms of said Act, petitions for judicial review may be filed in the district court of the county wherein the license was to be issued or wherein such license is to be revoked or suspended, and such a petition for judicial review shall not operate to stay any order or final determination of the director unless the district court finds upon hearing after reasonable notice to all interested parties, that substantial damage would result to the appealing party unless such order or final determination was stayed and such a stay would not endanger the health, safety, or welfare of any inhabitants of a migrant labor camp.
[C71, 73, 75, 77, 79, 81, §138.10]
2003 Acts, ch 44, §114
2023 Iowa Code › Title IV - PUBLIC HEALTH › Chapter 138 - MIGRANT LABOR CAMPS › Section 138.11 - Access to camp for inspection.

138.11 Access to camp for inspection.
The director may enter and inspect migrant labor camps at any reasonable time and may question persons, and investigate facts, conditions, practices, or any other matters as are necessary or appropriate to determine compliance with the provisions of this chapter and any rules made pursuant to this chapter, or in the formulation of any additional rules. The director may, to the extent appropriate, utilize the services of any other state department or agency or any local agency for assistance in inspections and investigations.
[C71, 73, 75, 77, 79, 81, §138.11]
2023 Iowa Code › Title IV - PUBLIC HEALTH › Chapter 138 - MIGRANT LABOR CAMPS › Section 138.12 - Variations permitted.

138.12 Variations permitted.
1. The director may grant written permission to individual camp operators to vary from the provisions of this chapter or the rules of the department when the extent of the variation is clearly specified and it is demonstrated to the director’s satisfaction that:
a. Such variation is necessary to obtain a beneficial use of an existing facility.
b. The variation is necessary to prevent a substantial difficulty or unnecessary hardship.
c. Appropriate alternative measures have been taken to protect the health, safety, and welfare of any inhabitants of a migrant labor camp and assure that the purpose of the provisions for which variation is sought will be observed.
2. Written application for such variations shall be filed with the director and local board of health serving the area in which the migrant labor camp is situated. No such variation shall be effective until granted in writing by the director.
[C71, 73, 75, 77, 79, 81, §138.12]
2009 Acts, ch 41, §263
2023 Iowa Code › Title IV - PUBLIC HEALTH › Chapter 138 - MIGRANT LABOR CAMPS › Section 138.14 - Communicable diseases reported.

138.14 Communicable diseases reported.
The camp operator shall report immediately to the local board of health the name and address of any individual in the camp known to have or suspected of having a communicable disease. Whenever there shall occur in any camp, or portion thereof, a case of suspected food poisoning or an unusual prevalence of any illness in which fever, diarrhea, sore throat, vomiting, or jaundice is a prominent symptom, the camp operator shall report immediately the existence of the condition to the local board of health and the director.
[C71, 73, 75, 77, 79, 81, §138.14]
2023 Iowa Code › Title IV - PUBLIC HEALTH › Chapter 138 - MIGRANT LABOR CAMPS › Section 138.15 - Notice of intent to construct or alter a camp.

138.15 Notice of intent to construct or alter a camp.
Any person who is planning to construct, reconstruct, or enlarge a camp or any portion thereof, or facility of a camp, or to convert a property for use or occupancy as a camp, shall give notice in writing of the person’s intent to do so to the director at least fifteen days prior to the date of the commencement of any major construction, reconstruction, enlargement, or conversion. The notice shall give the name of the city, village, and county in which the property is located; the location of the property within that area; a brief description of the proposed major construction, reconstruction, enlargement, or conversion; the name and mailing address of the person giving such notice; and the person’s telephone number. The director, upon receipt of such notice, shall promptly send to such person by ordinary mail a copy of this chapter and all rules of the department applicable to migrant labor camps.
[C71, 73, 75, 77, 79, 81, §138.15]
2023 Iowa Code › Title IV - PUBLIC HEALTH › Chapter 138 - MIGRANT LABOR CAMPS › Section 138.16 - Cleanliness and repair required.

138.16 Cleanliness and repair required.
Every migrant or inhabitant of a migrant labor camp shall use the sanitary and other facilities provided and shall keep that part of the living quarters or shelter which the migrant’s or inhabitant’s immediate family occupies and controls as well as the premises immediately adjacent thereto in a clean condition comparable to normal domestic standards. Every camp operator or permit holder shall be responsible for the providing of and proper maintenance and repair of the premises, all shelters, structures, facilities, and service buildings of the camp, or portion thereof, for which the camp operator or permit holder was issued a permit as well as proper garbage and refuse collection, privy openings and closings, maintenance of water supply, pest and rodent control, toilet facilities, sewage disposal, laundry, handwashing and bathing facilities, lighting, operation of common kitchens, dining halls, and feeding facilities, and safety and fire prevention.
[C71, 73, 75, 77, 79, 81, §138.16]
2023 Iowa Code › Title IV - PUBLIC HEALTH › Chapter 138 - MIGRANT LABOR CAMPS › Section 138.17 - Rental charges or wage deductions.

138.17 Rental charges or wage deductions.
A rental charge or deduction from any wages due a migrant shall not be made by any camp operator or person for providing any of the facilities required by this chapter unless such migrant is fully informed of all such rental charges or deductions to be made prior to the time the migrant contracts for employment as an agricultural or migrant worker.
[C71, 73, 75, 77, 79, 81, §138.17]
2023 Iowa Code › Title IV - PUBLIC HEALTH › Chapter 138 - MIGRANT LABOR CAMPS › Section 138.18 - Rules promulgated.

138.18 Rules promulgated.
The director shall make such rules necessary for carrying out the purposes and provisions of this chapter, subject to the requirements of chapter 17A.
[C71, 73, 75, 77, 79, 81, §138.18]
2023 Iowa Code › Title IV - PUBLIC HEALTH › Chapter 138 - MIGRANT LABOR CAMPS › Section 138.19 - Penalties.

138.19 Penalties.
Any person failing to comply with any provision of this chapter, or with any rule or order issued pursuant to the provisions of this chapter, or interfering with, impeding, or obstructing in any manner, the director, department, or any of its employees in the performance of official duties pursuant to this chapter, shall be guilty of a simple misdemeanor. If any person further fails to comply with any provisions of this chapter, or with any rule or order issued pursuant to the provisions of this chapter, the director shall enforce such provision, rule, or order by filing an action for injunction against such person in the district court in the county wherein such violation or violations occur.
[C71, 73, 75, 77, 79, 81, §138.19]
2023 Iowa Code › Title IV - PUBLIC HEALTH › Chapter 139A - COMMUNICABLE AND INFECTIOUS DISEASES AND POISONINGS › Section 139A.3A - Investigation and control.

139A.3A Investigation and control.
When the department receives a report under this chapter or acts on other reliable information that a person is infected with a disease, illness, or health condition that may be a potential cause of a public health disaster, the department shall identify all individuals reasonably believed to have been exposed to the disease, illness, or health condition and shall investigate all such cases for sources of infection and ensure that such cases are subject to proper control measures. Any hospital, health care provider, or other person may provide information, interviews, reports, statements, memoranda, records, or other data related to the condition and treatment of any individual, if not otherwise prohibited by the federal Health Insurance Portability and Accountability Act of 1996, Pub. L. No. 104-191, to the department to be used for the limited purpose of determining whether a public health disaster exists.
2003 Acts, ch 33, §10, 11
2023 Iowa Code › Title IV - PUBLIC HEALTH › Chapter 139A - COMMUNICABLE AND INFECTIOUS DISEASES AND POISONINGS › Section 139A.4 - Type and length of isolation or quarantine.

139A.4 Type and length of isolation or quarantine.
1. The type and length of isolation or quarantine imposed for a specific communicable disease shall be in accordance with rules adopted by the department.
2. The department and the local boards may impose and enforce isolation and quarantine restrictions.
3. The department shall adopt rules governing terminal cleaning.
4. The department and local boards may impose and enforce area quarantine restrictions according to rules adopted by the department. Area quarantine shall be imposed by the least restrictive means necessary to prevent or contain the spread of the suspected or confirmed quarantinable disease or suspected or known hazardous or toxic agent.
2000 Acts, ch 1066, §4; 2006 Acts, ch 1079, §5