Iowa Administrative Code › Agency 481 - Inspections and Appeals Department › Inspections Division › Chapter 30 - Food and Consumer Safety › Rule 481-30.2 - Definitions

Current through Register Vol. 47, No. 3, July 24, 2024
If both the 2017 Food and Drug Administration Food Code with
				  Supplement and rule 481-30.2 (10A,137C,137F) define
				  a term, the definition in rule
				  481-30.2 (10A,137C,137F) shall
				  apply.
"Bed and breakfast home"
means a private
				  residence which provides lodging and meals for guests, in which the host or
				  hostess resides, and in which no more than four guest families are lodged at
				  the same time. The facility may advertise as a bed and breakfast home but not
				  as a hotel, motel or restaurant. The facility is exempt from licensing and
				  inspection as a hotel or as a food establishment. Abed and breakfast home may
				  serve food only to overnight guests, unless a food establishment license is
				  secured.
"Bed and breakfast inn"
means the same as
				  defined in Iowa Code section
				  137C.2.
"Catering"
means the preparation of food for
				  distribution to an individual, business or organization for exclusive service
				  to the individual's, business's or organization's nonpaying guests, employees
				  or members.
"Certified wild-harvested mushroom identification
				  expert"
means an individual who has within the last three years
				  successfully completed a wild-harvested mushroom identification training
				  program provided by an accredited college, university, or state mycological
				  society. The training program must include a component of actual identification
				  of physical specimens or simulations of mushroom species. A document must be
				  issued by an accredited college, accredited university, or state mycological
				  society certifying the individual's successful completion of the wild-harvested
				  mushroom identification training program and specifying the species of wild
				  mushrooms the individual is qualified to identify.
"Commissary"
means a food establishment used
				  for preparing, fabricating, packaging and storage of food or food products for
				  distribution and sale through the food establishment's own outlets.
"Contractor"
means a municipal corporation,
				  county or other political subdivision that contracts with the department to
				  license and inspect under Iowa Code chapter 137C or 137F. A list of contractors
				  is maintained on the department's website.
"Cottage food"
means the production and sale
				  of food produced at a private residence other than time/temperature control for
				  safety food as provided in Iowa Code section
				  137F.20 as enacted by 2022 Iowa
				  Acts, House File 2431, section 10, and food for resale that is not
				  time/temperature control for safety food. "Cottage food" includes
				  home-processed and home-canned pickles, vegetables, or fruits that have a
				  finished equilibrium pH value of 4.60 or lower or a water activity value of
				  0.85 or less for which each batch has been measured by apH meter or a water
				  activity meter and each container that is sold or offered for sale contains the
				  date the food was processed and canned. "Cottage food" does not include any of
				  the following:
1. Milk or milk
				products regulated under Iowa Code chapters 192 and 194.
2. Meat, meat food products, poultry, or
				poultry food products regulated under Iowa Code chapter 189A.
"Criminal offense"
means a public offense,
				  as defined in Iowa Code section
				  701.2, that is prohibited by
				  statute and is punishable by fine or imprisonment.
"Critical violation"
means a foodborne
				  illness risk factor and public health intervention and the violations defined
				  as such by the Food Code adopted in rule
				  481-31.1 (137F) and pursuant to
				  Iowa Code section 137F.2.
"Cultivated mushroom"
means a mushroom grown
				  through a process in which the grower inoculates a substrate (logs, beds,
				  straw, etc.) with a known strain or species of mushroom spawn in a dedicated
				  space, whether outdoors or indoors, that is under the control of the grower,
				  for the purpose of fruiting mushrooms.
"Department"
means the department of
				  inspections and appeals.
"Event"
means a significant occurrence or
				  happening sponsored by a civic, business, governmental, community, or veterans
				  organization and may include an athletic contest. For example, an event does
				  not include a single store's grand opening or sale.
"Farmers market"
means a marketplace which
				  operates seasonally, principally as a common market for Iowa-produced farm
				  products on a retail basis for consumption elsewhere.
"Farmers market time/temperature control for safety
				  food license"
means a license for a temporary food establishment that
				  sells time/temperature control for safety foods at farmers markets. A separate
				  annual farmers market time/temperature control for safety food license is
				  required for each county in which the licensee sells time/temperature control
				  for safety foods at farmers markets. The license is only applicable at farmers
				  markets and is not required in order to sell wholesome, fresh shell eggs to
				  consumer customers. "Farmers market time/temperature control for safety food
				  license" does not include a temporary food establishment that sells packaged
				  time/temperature control for safety food items from a licensed source at
				  farmers markets.
"Food establishment"
means an operation that
				  stores, prepares, packages, serves, vends or otherwise provides food for human
				  consumption and includes a food service operation in a salvage or distressed
				  food operation, nutrition program operated pursuant to Title III-C of the Older
				  Americans Act, school, summer camp, residential service substance abuse
				  treatment facility, halfway house substance abuse treatment facility,
				  correctional facility operated by the department of corrections, or the state
				  training school. Assisted living programs and adult day services are included
				  in the definition of food establishment to the extent required by 481-subrules
				  69.28(6) and 70.28(6). "Food establishment" does not include the
				  following:
1. A food processing
				plant.
2. An establishment that
				offers only prepackaged foods that are not time/temperature control for safety
				foods.
3. A produce stand or
				facility which sells only whole, uncut fresh fruits and vegetables.
4. Premises which are a home food processing
				establishment pursuant to Iowa Code chapter 137D.
5. Premises which operate as a farmers market
				if unpackaged time/temperature control for safety foods are not sold or
				distributed from the premises.
6.
				Premises of a residence in which food is produced pursuant to Iowa Code section
				137F.20 as enacted by 2022 Iowa Acts, House File 2431, section 10.
7. A kitchen in a private home where food is
				prepared or stored for family consumption or in a bed and breakfast
				home.
8. A private home or private
				party where a personal chef or hired cook is providing food preparation
				services to a client and the client's nonpaying guests.
9. A private home that receives catered or
				home-delivered food.
10. Child day
				care facilities and other food establishments located in hospitals or health
				care facilities that serve only patients and staff and are subject to
				inspection by other state agencies or divisions of the department.
11. Supply vehicles or vending machine
				locations.
12. Establishments that
				are exclusively engaged in the processing of meat and poultry and are licensed
				pursuant to Iowa Code section
				189A.3.
13. The following premises, provided they are
				exclusively engaged in the sale of alcoholic beverages in a prepackaged form:
* Premises of a beer manufacturer, distributor, or wholesaler
				  under Iowa Code chapter 123;
* Premises of a wine manufacturer, distributor, or wholesaler
				  under Iowa Code chapter 123; and
* Premises of a manufacturer of distilled spirits under Iowa
				  Code chapter 123.
14.
				Premises or operations that are exclusively engaged in the processing of milk
				and milk products, are regulated by Iowa Code sections
				192.107 and
				194.1, and have a milk or milk
				products permit issued by the department of agriculture and land
				stewardship.
15. Premises or
				operations that are exclusively engaged in the production of shell eggs, are
				regulated by Iowa Code section
				196.3, and have an egg handler's
				license.
16. The premises of a
				residence in which honey is stored; prepared; packaged, including by placement
				in a container; or labeled or from which honey is distributed.
17. Premises regularly used by a nonprofit
				organization which engages in the serving of food on the premises as long as
				the nonprofit organization does not exceed the following restrictions:
* The nonprofit organization serves food no more than one day
				  per calendar week and not on two or more consecutive days;
* Twice per year, the nonprofit organization may serve food
				  to the public for up to three consecutive days; and
* The nonprofit organization may use the premises of another
				  nonprofit organization not more than twice per year for one day to serve
				  food.
18. A stand operated
				by a minor.
"Food processing plant"
means a commercial
				  operation that manufactures, packages, labels or stores food for human
				  consumption and does not provide food directly to a consumer. "Food processing
				  plant" does not include any of the following:
1. The following premises, provided they are
				exclusively engaged in the sale of alcoholic beverages in a prepackaged form:
* Premises of a beer manufacturer, distributor, or wholesaler
				  under Iowa Code chapter 123;
* Premises of a beer manufacturer, distributor, or wholesaler
				  under Iowa Code chapter 123; and
* Premises of a manufacturer of distilled spirits under Iowa
				  Code chapter 123.
2. The
				premises of a residence in which honey is stored; prepared; packaged, including
				by placement in a container; or labeled or from which honey is
				distributed.
3. Premises or
				operations that are exclusively engaged in the processing of meat and poultry
				and are licensed pursuant to Iowa Code section
				189A.3.
4. Premises or operations that are
				exclusively engaged in the processing of milk or milk products, are regulated
				by Iowa Code sections
				192.107 and
				194.1, and have a milk or milk
				products permit issued by the department of agriculture and land
				stewardship.
5. Premises or
				operations that are exclusively engaged in the production of shell eggs, are
				regulated by Iowa Code section
				196.3, and have an egg handler's
				license.
6. Premises or operations
				that are exclusively engaged in the preparation or processing of Siluriformes,
				including catfish, and are regulated and inspected by the United States
				Department of Agriculture under a federal grant of inspection.
7. Premises that are a home food processing
				establishment pursuant to Iowa Code chapter 137D.
"Food service establishment"
means a food
				  establishment where food is prepared or served for individual portion service
				  intended for consumption on the premises or is subject to Iowa sales tax as
				  provided in Iowa Code section
				  423.3.
"Hotel"
means the same as defined in Iowa
				  Code section 137C.2.
"License holder"
means an individual,
				  corporation, partnership, governmental unit, association or any other entity to
				  whom a license was issued under Iowa Code chapter 137C or 137F.
"Mobile food unit"
means a food
				  establishment that is self-contained, with the exception of grills and smokers,
				  and readily movable, which either operates up to three consecutive days at one
				  location or returns to a home base of operation at the end of each day.
"Patrol dog"
means a dog that is
				  accompanying a law enforcement officer or security officer.
"Personal chef"
or
"hired
				  cook"
means a person who provides food preparation services in a
				  private home or at a private party for a client and the client's nonpaying
				  guests. "Personal chef" or "hired cook" does not include a person who provides
				  the ingredients intended to be used in food preparation.
"Pet dog"
means a dog that does not meet the
				  definition of a "patrol dog" or a "service animal" as defined in the Code of
				  Federal Regulations, Title 28, Part 36.
"Pushcart"
means a non-self-propelled
				  vehicle food establishment limited to serving foods that are not
				  time/temperature control for safety foods or commissary-wrapped foods
				  maintained at proper temperatures or precooked foods that require limited
				  assembly, such as frankfurters.
"Retail food establishment"
means a food
				  establishment that sells to consumer customers food or food products intended
				  for preparation or consumption off the premises.
"Revoke"
means to void or annul by recalling
				  or withdrawing a license issued under Iowa Code chapter 137C or 137F. The
				  entire application process, including the payment of applicable license fees,
				  must be repeated to regain a valid license following a revocation.
"Stand operated by a minor"
means a stand or
				  other facility operated by a person or persons under the age of 18 at which
				  food is sold directly to consumers that is not time/temperature control for
				  safety food or an alcoholic beverage and that operates on a temporary and
				  occasional basis on private property with the permission of the owner of the
				  property.
"Suspend"
means to render a license issued
				  under Iowa Code chapter 137C or 137F invalid for a period of time, with the
				  intent of resuming the validity of a license at the end of that period.
"Temporary food establishment"
means a food
				  establishment that operates for a period of no more than 14 consecutive days in
				  conjunction with a single event.
"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.
"Transient guest"
means an overnight lodging
				  guest who does not intend to stay for any permanent length of time. Any guest
				  who rents a room for more than 31 consecutive days is not classified as a
				  transient guest.
"Unattended food establishment"
means an
				  operation that provides packaged foods or whole fruit using an automated
				  payment system and has controlled entry not accessible by the general public.
				  "Controlled entry," for the purposes of the definition of "unattended food
				  establishment," means selective restriction or limitation of access to a place
				  or location.
"Vending machine"
means a self-service
				  device which, upon insertion of a coin, paper currency, token, card or key,
				  orby optional manual operation, dispenses unit servings of food in bulk or in
				  packages without the necessity of replenishing the device between each vending
				  operation. Vending machines that dispense only prepackaged foods that are not
				  time/temperature control for safety foods, panned candies, gumballs or nuts are
				  exempt from licensing but may be inspected by the department upon receipt of a
				  written complaint. "Panned candies" are those with a fine, hard coating on the
				  outside and a soft candy filling on the inside. Panned candies are easily
				  dispensed by a gumball-type machine.
"Vending machine location"
means the room,
				  enclosure, space, or area where one or more vending machines are installed and
				  operated, including the storage areas on the premises that are used to service
				  and maintain the vending machine.
"Wild-harvested mushroom"
means a fresh
				  mushroom that has been found or foraged in the natural environment and has not
				  been processed (e.g., dried or frozen). "Wild-harvested mushroom" does not
				  include cultivated mushrooms or mushrooms that have been packaged in an
				  approved food processing plant.
This rule is intended to implement Iowa Code sections
				  10A.104 and
				  137C.8 and chapter
				  137F.