reglab/statecodes huggingface dataset:
Iowa Administrative Code › Agency 481 - Inspections and Appeals Department › Chapter 16 - Administrative Electronic Document Management System › Rule 481-16.6 - Date and Time of Filing

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Date of filing.
An electronic filing may be made any day of
			 the week, including holidays and weekends, and any time of the day AEDMS is
			 available.
(2)
Time of
			 filing.
A document is timely filed if it is filed before midnight on
			 the date the filing is due.
(3)
Rejected filing.
The division may reject electronic filings
			 that do not meet the requirements of this chapter. A rejected electronic filing
			 is not filed. When an electronic filing is rejected, the filer will be
			 electronically notified of the rejection and the reason for the rejection. In
			 such instances, the date and time of filing will be when the filer submits a
			 corrected document and it is approved.
Iowa Administrative Code › Agency 481 - Inspections and Appeals Department › Chapter 16 - Administrative Electronic Document Management System › Rule 481-16.7 - Signatures

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Registered user.
A username and password accompanied by a
			 digitized, electronic, or nonelectronic signature shall serve as the registered
			 user's signature on all electronically filed documents.
(2)
Format.
Any AEDMS filing
			 requiring a signature must be signed with either a nonelectronic signature, an
			 electronic signature, or a digitized signature. The following information about
			 the person shall be included under the person's signature:
a. Name;
b. Name of firm or governmental
			 agency;
c. Mailing
			 address;
d. Telephone number;
			 and
e. Email address.
Iowa Administrative Code › Agency 481 - Inspections and Appeals Department › Chapter 16 - Administrative Electronic Document Management System › Rule 481-16.8 - Redaction of Electronic Documents

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Responsibilities of filers
			 generally.
a. It is the
			 responsibility of the filer to ensure that a confidential document is certified
			 as confidential.
b. It is the
			 responsibility of the filer to ensure that protected information is omitted or
			 redacted from documents before the documents are filed. This responsibility
			 exists even when the filer did not create the document.
c. The division will not review filings to
			 determine whether appropriate omissions or redactions have been made or whether
			 a document has been properly certified as confidential.
Iowa Administrative Code › Agency 481 - Inspections and Appeals Department › Chapter 16 - Administrative Electronic Document Management System › Rule 481-16.9 - General Requirements When Filing Documents

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Format.
All documents
			 must be converted to a PDF before they are filed in AEDMS. Documents submitted
			 must be properly scanned, which includes having the pages in the correct order
			 and orientation and having the scanned content of the document be
			 legible.
(2)
Separating
			 documents.
Each document must be separated and uploaded with the
			 correct document type selection on the document upload page. Any attachments to
			 a document shall be uploaded as such and linked to the correct document prior
			 to submission.
(3)
Selecting document types.
For each electronically filed
			 document, a filer must choose an accurate document type from the options listed
			 on the document upload page. Once a document is submitted into AEDMS, only the
			 division may make corrections to the document type the filer has
			 chosen.
(4)
Correcting
			 errors.
If a filer discovers an error in the electronic filing or
			 docketing of a document, the filer must contact the division as soon as
			 possible. If the division discovers an error in the filing or docketing of a
			 document, the division may notify the filer of the error and advise the filer
			 of what further action the filer must take, if any, to address the
			 error.
Iowa Administrative Code › Agency 481 - Inspections and Appeals Department › Chapter 16 - Administrative Electronic Document Management System › Rule 481-16.10 - Case Initiation and Service

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Case initiation.
A case
			 may be initiated by an agency or governmental entity via AEDMS by the
			 electronic filing of a transmittal form pursuant to rule
			 481-10.4 (10A).
(2)
Filings by registered
			 user.
To the extent another party to the case is not a registered
			 user, the registered user shall serve those filings upon the nonregistered user
			 pursuant to the applicable rules of contested case procedure and any other
			 controlling law.
(3)
Electronic service and distribution of electronic filings.
a. When a document is electronically filed,
			 that document will be served automatically through AEDMS to all parties to the
			 proceeding who are registered users. No other service to those registered users
			 is required unless ordered by the division or unless the registered user has
			 filed a document indicating an express withdrawal from use of the AEDMS, either
			 entirely or for a specific case.
b.
			 Notices of electronic filing will continue to be sent to registered users
			 appearing or intervening in a proceeding until they have filed a withdrawal of
			 appearance or document indicating an express withdrawal from use of the AEDMS,
			 either entirely or for a specific case.
Iowa Administrative Code › Agency 481 - Inspections and Appeals Department › Audits Division › Chapter 22 - Health Care Facility Audits › Rule 481-22.1 - Audit Occurrence

Current through Register Vol. 47, No. 3, July 24, 2024
The department audits financial records of intermediate care
				  facilities, residential care facilities, and intermediate care facilities for
				  the intellectually disabled on a rotating basis or upon request of the
				  department of human services (DHS). Audits are intended to ensure compliance
				  with the following Iowa Administrative Code chapters:
1. 441-Chapter 52, Payment, specifically
				subrule 52.1(3).
2. 441-Chapter 54,
				Facility Participation, specifically rule
				441-54.5
				(249) and subrule 54.8(2).
3.
				441-Chapter 81, Nursing Facilities, specifically subrule 81.4(3), rule
				441-81.10
				(249A) and subrule 81.14(2).
4.
				441-Chapter 82, Intermediate Care Facilities for Persons With an Intellectual
				Disability, specifically subrules 82.9(3) and 82.17(2).
If a rule not listed is used in an audit, the auditor will
				  notify the facility.
The department acts as an agent for DHS when conducting the
				  above audits.
Iowa Administrative Code › Agency 481 - Inspections and Appeals Department › Audits Division › Chapter 22 - Health Care Facility Audits › Rule 481-22.2 - Confidentiality

Current through Register Vol. 47, No. 3, July 24, 2024
All information compiled during an audit is confidential
				  according to Iowa Code sections
				  10A.105 and
				  217.30.
				  All inquiries to release information which is confidential under Iowa Code
				  section
				  217.30
				  must be addressed to the DHS.
(1)
				Information may be added to an audit file by the subject of the audit when the
				subject notifies the Audits Unit, Department of Inspections and Appeals, Lucas
				State Office Building, Des Moines, Iowa 50319.
(2) At the conclusion of the audit, when
				material is returned to DHS, DHS rules regarding fair information practices
				prevail.
Iowa Administrative Code › Agency 481 - Inspections and Appeals Department › Inspections Division › Chapter 30 - Food and Consumer Safety › Rule 481-30.1 - Food and Consumer Safety Bureau

Current through Register Vol. 47, No. 3, July 24, 2024
The food and consumer safety bureau inspects food
				  establishments and food processing plants including food storage facilities
				  (warehouses), food and beverage vending machines, and hotels and motels. The
				  food and consumer safety bureau is also responsible for social and charitable
				  gambling and amusement devices. Separate chapters have been established for the
				  administration of social and charitable gambling (481-Chapters 100 to 103, 106,
				  and 107) and amusement devices (481-Chapters 104 and 105).
This rule is intended to implement Iowa Code sections
				  10A.104
				  and
				  22.11
				  and chapters 137C and 137F.
Iowa Administrative Code › Agency 481 - Inspections and Appeals Department › Inspections Division › Chapter 30 - Food and Consumer Safety › Rule 481-30.3 - Licensing and Postings

Current through Register Vol. 47, No. 3, July 24, 2024
A license to operate any food establishment or food
				  processing plant defined in rule
				  481-30.2 (10A,137C,137F) must be
				  granted by the department of inspections and appeals. Application for a license
				  is made on a form furnished by the department which contains the names of the
				  business, owner, and manager; locations of buildings; and other data relative
				  to the license requested. Applications are available from the Department of
				  Inspections and Appeals, Food and Consumer Safety Bureau, Lucas State Office
				  Building, Des Moines, Iowa 50319-0083, or from contractors. An application for
				  licensure shall be submitted 30 days in advance of the opening of the food
				  establishment or food processing plant. Temporary food establishment license
				  applications shall be submitted a minimum of 3 business days prior to
				  opening.
(1)
Transferability.
A license is not transferable to a new owner
				or location. Any change in business ownership or business location requires a
				new license. Vending machines, mobile food units and pushcarts may be moved
				without obtaining anew license. A farmers market time/temperature control for
				safety food license may be used in the same county at different individual
				locations without obtaining a new license. However, if the different individual
				locations are operated simultaneously, a separate license is required for each
				location. Nutrition sites for the elderly licensed under Iowa Code chapter 137F
				may change locations in the same city without obtaining a new
				license.
(2)
Refunds.
License fees are refundable only if the license is
				surrendered to the department prior to the effective date of the license and
				only as follows:
a. License fees of $67.50 or
				less are an application processing fee and are not refundable.
b. If an on-site visit has not occurred,
				license fees of more than $67.50 will be refunded less the $67.50.
c. If an on-site visit has occurred, the
				entire license fee is nonrefundable.
Iowa Administrative Code › Agency 481 - Inspections and Appeals Department › Inspections Division › Chapter 30 - Food and Consumer Safety › Rule 481-30.4 - License Fees

Current through Register Vol. 47, No. 3, July 24, 2024
The license fee is the same for an initial license and a
				  renewal license. License applications are available from the Department of
				  Inspections and Appeals, Food and Consumer Safety Bureau, Lucas State Office
				  Building, Des Moines, Iowa 50319-0083, or from a contractor. License fees are
				  set by the Iowa Code sections listed below and are charged as follows:
(1)
Retail food
				establishments.
License fees for retail food establishments are based
				on annual gross sales of food or food products to consumer customers and
				intended for preparation or consumption off the premises (Iowa Code section
				137F.6) as follows:
a. For annual gross sales
				of less than $250,000-$150.
b. For
				annual gross sales of $250,000 to $750,000-$300.
c. For annual gross sales of more than
				$750,000-$400.
Iowa Administrative Code › Agency 481 - Inspections and Appeals Department › Inspections Division › Chapter 30 - Food and Consumer Safety › Rule 481-30.5 - Penalty and Delinquent Fees

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Late
				penalty.
Food establishment licenses and food processing plant
				licenses that are renewed by the licensee after the license expiration date
				shall be subject to a penalty of 10 percent of the license fee per month. A
				license shall be renewed only if the license holder has provided documentation
				pursuant to subrule 30.3(5).
(2)
Penalty for opening or operating without a license.
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.
(3)
Civil penalty for
				violations.
A person who violates Iowa Code chapter 137F or these
				rules shall be subject to a civil penalty of $100 for each violation. Prior to
				assessment of the penalty, the license holder shall have an opportunity for a
				hearing using the process outlined in rule
				481-30.11 (10A,137C,137F).
This rule is intended to implement Iowa Code sections
				  137F.4,
				  137F.9
				  and
				  137F.17.
Iowa Administrative Code › Agency 481 - Inspections and Appeals Department › Inspections Division › Chapter 30 - Food and Consumer Safety › Rule 481-30.6 - Returned Checks

Current through Register Vol. 47, No. 3, July 24, 2024
If a check intended to pay for any license provided for under
				  Iowa Code chapter 137C or 137F is not honored for payment by the bank on which
				  it is drafted, the department will attempt to redeem the check. The department
				  will notify the applicant of the need to provide sufficient payment. An
				  additional fee of $25 shall be assessed for each dishonored check. If the
				  department does not receive cash to replace the check, the establishment will
				  be operating without a valid license. Furthermore, any late penalties assessed
				  pursuant to rule 481-30.5 (137F) will accrue and
				  must be paid.
This rule is intended to implement Iowa Code sections
				  137C.9 and
				  137F.6.
Iowa Administrative Code › Agency 481 - Inspections and Appeals Department › Inspections Division › Chapter 30 - Food and Consumer Safety › Rule 481-30.7 - Double Licenses

Current through Register Vol. 47, No. 3, July 24, 2024
(1) Any
				establishment that holds a food service establishment license and has gross
				sales over $20,000 annually in packaged food items intended for consumption off
				the premises shall also be required to obtain a retail food establishment
				license. The license holder shall keep a record of these food sales and make it
				available to the department upon request.
(2) Licensed retail food establishments
				serving only coffee, soft drinks, popcorn, prepackaged sandwiches or other food
				items manufactured and packaged by a licensed establishment need only obtain a
				retail food establishment license.
(3) A food establishment that holds both a
				food service establishment license and a retail food establishment license
				shall pay a license fee based on the annual gross sales for the dominant form
				of business plus $150.
Example: A food establishment holds a food service
				  establishment license and a retail food establishment license. It has annual
				  gross sales of more than $750,000 for its retail food establishment and
				  $120,000 for its food service establishment. The food establishment pays a
				  license fee of $400 for its retail food establishment license (paragraph
				  30.4(1)
"c"
) and $150 for its food service establishment
				  license (rule 481-30.7 (137F)).
(4) 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. The dominant form of business shall be deemed to be the
				business with higher annual gross sales. Food establishments that also process
				low-acid food in hermetically sealed containers or process acidified foods are
				required to have a food processing plant license in addition to the food
				establishment license. Regardless of the type of license, food processing
				plants shall be inspected pursuant to food processing inspection standards and
				food establishments shall be inspected pursuant to the Food Code.
This rule is intended to implement Iowa Code sections
				  10A.104
				  and
				  137F.6.
Iowa Administrative Code › Agency 481 - Inspections and Appeals Department › Inspections Division › Chapter 30 - Food and Consumer Safety › Rule 481-30.8 - Inspection Frequency

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Food establishments.
Food establishments shall be inspected
				based upon risk assessment and shall have routine inspections at least once
				every 60 months. Very low risk food establishments will not have a routine
				inspection frequency.
(2)
Food processing plants.
Food processing plants that process
				foods shall be inspected based upon risk assessment and shall have routine
				inspections at least once every 60 months. If the United States Food and Drug
				Administration completes an inspection in a facility, the inspection shall
				count as a state inspection for frequency purposes.
(3)
Food processing plants that store
				foods.
Food processing plants that store foods shall be inspected
				based upon risk assessment and shall be inspected at least once every 84
				months. If the United States Food and Drug Administration completes an
				inspection in a facility, the inspection shall count as a state inspection for
				frequency purposes.
(4)
Hotels.
Hotels shall be inspected in accordance with Iowa Code
				chapter 137C.
(5)
Farmers
				market time/temperature control for safety food.
Farmers market
				time/temperature control for safety food licensees shall be inspected at least
				once annually.
(6)
Temporary food establishments.
Temporary food establishments
				issued an annual license pursuant to paragraph 30.4(6)
"b"
shall be inspected at least once annually.
This rule is intended to implement Iowa Code sections
				  137C.11 and
				  137F.10.
Iowa Administrative Code › Agency 481 - Inspections and Appeals Department › Inspections Division › Chapter 30 - Food and Consumer Safety › Rule 481-30.9 - Examination of Records

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Public
				information.
Generally, information collected by the food and consumer
				safety bureau and contractors is considered public information. Records are
				stored in computer files and are not matched with any other data system.
				Information is available for public review and will be provided when requested
				from the office of the director. Inspection reports are available for public
				viewing at
www.food.dia.iowa.gov
.
(2)
Confidential records.
The following are examples of confidential records:
a. Trade secrets and proprietary information
				including items such as formulations, processes, policies and procedures, and
				customer lists;
b. Health
				information related to foodborne illness complaints and outbreaks;
c. The name or any identifying information of
				a person who files a complaint with the department; and
d. Other state or federal agencies' records.
For records of other federal or state agencies, the
				  department shall refer the requester of such information to the appropriate
				  agency.
This rule is intended to implement Iowa Code chapters 137C,
				  137F and 22.
Iowa Administrative Code › Agency 481 - Inspections and Appeals Department › Inspections Division › Chapter 30 - Food and Consumer Safety › Rule 481-30.10 - Denial, Suspension, or Revocation of a License to Operate

Current through Register Vol. 47, No. 3, July 24, 2024
Notice of denial, suspension or revocation of a license will
				  be provided by the department and shall be effective 30 days after mailing or
				  personal service of the notice.
(1)
Immediate suspension of license.
To the extent not
				inconsistent with Iowa Code chapters 17A, 137C, and 137F and rules adopted
				pursuant to those chapters, chapter 8 of the Food Code shall be adopted for
				food establishments. The department or contractor may immediately suspend a
				license in cases of an imminent health hazard. The procedures of Iowa Code
				section
				17A.18A
				and Food Code chapter 8 shall be followed in cases of an imminent health
				hazard. The appeal process in rule
				481-30.11 (10A,137C,137F) is
				available following an immediate suspension. The department may immediately
				suspend the license of a food processing plant or hotel if an imminent health
				hazard finding is made and the procedures of Iowa Code section
				17A.18A
				are followed.
(2)
Criminal
				offense-conviction of license holder.
a. The department may revoke the license of a
				license holder who:
(1) Conducts an activity
				constituting a criminal offense in the licensed food establishment;
				and
(2) Is convicted of a felony as
				a result.
Iowa Administrative Code › Agency 481 - Inspections and Appeals Department › Inspections Division › Chapter 30 - Food and Consumer Safety › Rule 481-30.11 - Formal Hearing

Current through Register Vol. 47, No. 3, July 24, 2024
All decisions of the food and consumer safety bureau may be
				  contested by an adversely affected party. A request for a hearing must be made
				  in writing to the Department of Inspections and Appeals, Lucas State Office
				  Building, Des Moines, Iowa 50319, within 30 days of the mailing or service of a
				  decision. Appeals and hearings are controlled by 481-Chapter 9, "Contested
				  Cases."
For contractors, license holders shall have the opportunity
				  for a hearing before the local board of health. If the hearing is conducted
				  before the local board of health, the license holder may appeal to the
				  department and shall follow the process for review in rule
				  481-9.3 (10A,17A).
This rule is intended to implement Iowa Code section
				  10A.104
				  and Iowa Code chapters 137C and 137F.
Iowa Administrative Code › Agency 481 - Inspections and Appeals Department › Inspections Division › Chapter 30 - Food and Consumer Safety › Rule 481-30.12 - Primary Servicing Laboratory

Current through Register Vol. 47, No. 3, July 24, 2024
The primary servicing laboratory for the food and consumer
				  safety bureau is the State Hygienic Laboratory at the University of Iowa
				  created under Iowa Code section
				  263.7.
				  If the laboratory is unable to perform laboratory services, the laboratory will
				  assist in finding another laboratory with a preference toward laboratories that
				  are in the FERN (Food Emergency Response Network) and have achieved ISO 17025
				  accreditation.
This rule is intended to implement Iowa Code sections
				  10A.104
				  and
				  22.11
				  and Iowa Code chapters 137C, 137D, and 137F
Iowa Administrative Code › Agency 481 - Inspections and Appeals Department › Inspections Division › Chapter 30 - Food and Consumer Safety › Rule 481-30.13 - Cottage Food

Current through Register Vol. 47, No. 3, July 24, 2024
(1) Cottage
				food is exempt from all licensing, permitting, inspection, packaging, and
				labeling laws of the state if the food complies with all of the following:
a. The food does not require time/temperature
				control for safety. When it is not obvious whether a food requires
				time/temperature control for safety, the food producer must provide
				documentation that a food does not require time/temperature control for safety
				to the regulatory authority upon request.
b. The food is not a milk or milk product
				regulated under Iowa Code chapters 192 and 194.
c. The food is not a meat, meat food product,
				poultry, or poultry food product regulated under Iowa Code chapter
				189A.
d. The food is not
				unpasteurized fruit or vegetable juice.
e. The food is produced in a private
				residence.
f. The food is sold and
				delivered by the producer directly to the consumer.
g. The cottage food is labeled or affixed
				with the following information:
(1)
				Information to identify the name and address, phone number, or electronic mail
				address of the person preparing the food.
(2) The common name of the food.
(3) The ingredients of the cottage food in
				descending order of predominance.
(4) The following statement: "This product
				was produced at a residential property that is exempt from state licensing and
				inspection."
(5) If the cottage
				food contains one or more major food allergens, an additional allergen
				statement identifying each major allergen contained in the food by the common
				name of the allergen.
(6) If the
				food is home-processed and contains home-canned pickles, vegetables, or fruits
				permitted under this rule, the date that the food was processed and
				canned.
h.
				Home-processed and home-canned pickles, vegetables, or fruits sold under this
				rule must comply with the following:
(1) Each
				batch must be measured by a pH meter or a water activity meter and shall have a
				finished equilibrium pH value of 4.60 or lower or a water activity value of
				0.85 or less.
(2) Each container
				that is sold or offered for sale must contain the date the food was processed
				and canned.
i. The
				cottage food producer must provide batch testing records to the regulatory
				authority upon request, including at the point of sale.
j. Cottage food shall not be offered for sale
				in a food establishment except in a temporary food establishment, provided that
				the temporary food establishment is operated by the cottage food producer and
				the cottage food is offered for sale in a packaged form and labeled in
				accordance with paragraph 30.13(1)
"g."
Iowa Administrative Code › Agency 481 - Inspections and Appeals Department › Inspections Division › Chapter 30 - Food and Consumer Safety › Rule 481-30.14 - False Label or Defacement

Current through Register Vol. 47, No. 3, July 24, 2024
No person shall use any label required by Iowa Code chapter
				  137C, 137F or 196 which is deceptive as to the true nature of the article or
				  place of production, or which has been carelessly printed or marked, nor shall
				  any person erase or deface any label required by these chapters.
This rule is intended to implement Iowa Code section
				  137F.3.
Iowa Administrative Code › Agency 481 - Inspections and Appeals Department › Inspections Division › Chapter 31 - Food Establishment and Food Processing Plant Inspections › Rule 481-31.3 - Adulterated Food and Disposal

Current through Register Vol. 47, No. 3, July 24, 2024
No one may produce, distribute, offer for sale or sell
				  adulterated food. "Adulterated" is defined in the federal Food, Drug, and
				  Cosmetic Act, Section 402. Adulterated food shall be disposed of in a
				  reasonable manner as determined by the department. The destruction of
				  adulterated food shall be watched by a person approved by the
				  department.
This rule is intended to implement Iowa Code section
				  137F.2.
Iowa Administrative Code › Agency 481 - Inspections and Appeals Department › Inspections Division › Chapter 31 - Food Establishment and Food Processing Plant Inspections › Rule 481-31.4 - False Label or Defacement

Current through Register Vol. 47, No. 3, July 24, 2024
No person shall use any label required by Iowa Code chapter
				  137C or 137F which is deceptive as to the true nature of the article or place
				  of production, or which has been carelessly printed or marked, nor shall any
				  person erase or deface any label required by this chapter.
This rule is intended to implement Iowa Code sections
				  137D.2
				  and
				  137F.2.
Iowa Administrative Code › Agency 481 - Inspections and Appeals Department › Inspections Division › Chapter 31 - Food Establishment and Food Processing Plant Inspections › Rule 481-31.5 - Temporary Food Establishments and Farmers Market Time/temperature Control for Safety Food Licensees

Current through Register Vol. 47, No. 3, July 24, 2024
While the retail food code adopted in rule
				  481-31.1 (137F) applies to
				  temporary food establishments, the following subrules provide a simplified
				  version of requirements for temporary food establishments. If the two rules are
				  inconsistent, the standards in this rule apply.
(1)
Personnel.
For the
				purposes of this rule, employees include volunteers.
a. Employees shall keep their hands and
				exposed portions of their arms clean.
b. Employees shall have clean garments and
				aprons and effective hair restraints. Smoking, eating or drinking in food
				booths is not allowed. All nonworking, unauthorized persons are to be kept out
				of the food booth.
c. All
				employees, including volunteers, shall be under the direction of the person in
				charge. The person in charge shall ensure that the workers are effectively
				cleaning their hands, that time/temperature control for safety food is
				adequately cooked, held or cooled, and that all multiuse equipment or utensils
				are adequately washed, rinsed and sanitized.
d. Employees and volunteers shall not work at
				a temporary food establishment or farmers market time/temperature control for
				safety food establishment if the employees and volunteers have open cuts, sores
				or communicable diseases. The person in charge shall take appropriate action to
				ensure that employees and volunteers who have a disease or medical condition
				transmissible by food are excluded from the food operation.
e. Every employee and volunteer must sign a
				logbook with the employee's or volunteer's name, address, and telephone number
				and the date and hours worked. The logbook must be maintained for 30 days by
				the person in charge and be made available to the department upon
				request.
Iowa Administrative Code › Agency 481 - Inspections and Appeals Department › Inspections Division › Chapter 31 - Food Establishment and Food Processing Plant Inspections › Rule 481-31.6 - Adulterated Food and Disposal

Current through Register Vol. 47, No. 3, July 24, 2024
No one may produce, distribute, offer for sale or sell
				  adulterated food. "Adulterated" is defined in the federal Food, Drug and
				  Cosmetic Act, Section 402.
Adulterated food shall be disposed of in a reasonable manner
				  as determined by the department. The destruction of adulterated food shall be
				  watched by a person approved by the department.
Iowa Administrative Code › Agency 481 - Inspections and Appeals Department › Inspections Division › Chapter 31 - Food Establishment and Food Processing Plant Inspections › Rule 481-31.8 - Enforcement

Current through Register Vol. 47, No. 3, July 24, 2024
A person who violates Iowa Code chapter 137F or these rules
				  shall be subject to a civil penalty of $100 for each violation. Prior to the
				  assessment of any civil penalties, a hearing conducted by the appeals division
				  in the department of inspections and appeals must be provided as required in
				  rule
				  481-30.13 (10A).
				  Additionally, the department may employ various other remedies if violations
				  are discovered:
1. A license may be
				revoked or suspended.
2. An
				injunction may be sought.
3. A case
				may be referred to a county or city attorney for criminal
				prosecution.
Iowa Administrative Code › Agency 481 - Inspections and Appeals Department › Inspections Division › Chapter 31 - Food Establishment and Food Processing Plant Inspections › Rule 481-31.9 - Toilets and Lavatories

Current through Register Vol. 47, No. 3, July 24, 2024
Separate toilet facilities for men and women shall be
				  provided in places which seat 50 or more people or in places which serve beer
				  or alcoholic beverages.
Iowa Administrative Code › Agency 481 - Inspections and Appeals Department › Inspections Division › Chapter 31 - Food Establishment and Food Processing Plant Inspections › Rule 481-31.10 - Warewashing Sinks in Establishments Serving Alcoholic Beverages

Current through Register Vol. 47, No. 3, July 24, 2024
When alcoholic beverages are served in a food service
				  establishment, a sink with not fewer than three compartments shall be used in
				  the bar area for manual washing, rinsing and sanitizing of bar utensils and
				  glasses. When food is served in a bar, a separate three-compartment sink for
				  washing, rinsing and sanitizing food-related dishes shall be used in the
				  kitchen area, unless a dishwasher is used to wash utensils.
Iowa Administrative Code › Agency 481 - Inspections and Appeals Department › Inspections Division › Chapter 31 - Food Establishment and Food Processing Plant Inspections › Rule 481-31.11 - Criminal Offense-conviction of License Holder

Current through Register Vol. 47, No. 3, July 24, 2024
(1) The department may revoke the license of
				a license holder who:
a. Conducts an activity
				constituting a criminal offense in the licensed food establishment;
				and
b. Is convicted of a felony as
				a result.
Iowa Administrative Code › Agency 481 - Inspections and Appeals Department › Inspections Division › Chapter 31 - Food Establishment and Food Processing Plant Inspections › Rule 481-31.12 - Temporary Food Establishments and Farmers Market Potentially Hazardous Food Licensees

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Personnel.
a. Employees
				shall keep their hands and exposed portions of their arms clean.
b. Employees shall have clean garments,
				aprons and effective hair restraints. Smoking, eating or drinking in food
				booths is not allowed. All nonworking, unauthorized persons are to be kept out
				of the food booth.
c. All
				employees, including volunteers, shall be under the direction of the person in
				charge. The person in charge shall ensure that the workers are effectively
				cleaning their hands, that potentially hazardous food is adequately cooked,
				held or cooled, and that all multiuse equipment or utensils are adequately
				washed, rinsed and sanitized.
d.
				Employees and volunteers shall not work at a temporary food establishment or
				farmers market potentially hazardous food establishment licensees if the
				employees and volunteers have open cuts, sores or communicable diseases. The
				person in charge shall take appropriate action to ensure that employees and
				volunteers who have a disease or medical condition transmissible by food are
				excluded from the food operation.
e. Every employee and volunteer must sign a
				logbook with the employee's or volunteer's name, address, telephone number and
				the date and hours worked. The logbook must be maintained for 30 days by the
				person in charge and be made available to the department upon
				request.
Iowa Administrative Code › Agency 481 - Inspections and Appeals Department › Inspections Division › Chapter 32 - Consumable Hemp Products › Rule 481-32.2 - Registration and Posting

Current through Register Vol. 47, No. 3, July 24, 2024
A consumable hemp establishment shall not engage in
				  manufacturing, processing, packing, holding, preparing, distributing, or
				  selling a consumable hemp product in Iowa or to purchasers located in Iowa
				  until it has submitted a consumable hemp registration that is approved by the
				  department.
(1)
Consumable
				hemp manufactures/distributors.
Consumable hemp manufacturers shall
				register with the department at least 30 days prior to manufacturing,
				processing, packing, holding, preparing, distributing, or selling any
				consumable hemp product in Iowa or to purchasers located in Iowa. The
				consumable hemp manufacturer shall:
a.
				Complete the online registration form prescribed by the department;
b. Remit the registration fee set by the
				department in accordance with Iowa Code section
				204.7;
				and
c. Submit a complete list of
				all consumable hemp products the consumable hemp manufacturer intends to
				manufacture, process, pack, hold, prepare, distribute, or sell, along with
				documentation of the jurisdiction of origin for each consumable hemp
				product.
Iowa Administrative Code › Agency 481 - Inspections and Appeals Department › Inspections Division › Chapter 32 - Consumable Hemp Products › Rule 481-32.3 - Testing Requirements and Documentation

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Approved hemp source; certificate
				of analysis.
A consumable hemp product shall not be distributed or
				sold unless:
a. The consumable hemp product is
				from an approved hemp source and is accompanied by documentation that
				identifies the jurisdiction of origin. Documentation that identifies the
				jurisdiction of origin includes:
(1)
				Certificate of free sale issued by the jurisdiction of origin;
(2) Product label statements, provided the
				product label identifies the jurisdiction of origin; or
(3) Other documentation that identifies the
				jurisdiction of origin and also identifies the following:
1. Brand name;
2. Container size in terms of net quantity of
				contents; and
3. Lot
				number.
Iowa Administrative Code › Agency 481 - Inspections and Appeals Department › Inspections Division › Chapter 32 - Consumable Hemp Products › Rule 481-32.4 - Packaging and Labeling Requirements

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Contents.
Each
				consumable hemp product intended for individual retail sale shall be labeled
				such that a reasonable consumer would plainly identify the product as a
				consumable hemp product and shall contain the following information:
a. Lot number;
b. Expiration date;
c. Product name;
d. Name, telephone number, and email address
				of the product manufacturer;
e. If
				specific cannabinoids are contained within or marketed for the product, the
				number of milligrams of each cannabinoid per serving and serving size;
f. A certificate of analysis that
				the batch contained a total delta-9 tetrahydrocannabinol concentration that did
				not exceed 0.3 percent on a dry weight basis as calculated pursuant to an
				official test as provided in Iowa Code section
				204.8.
Iowa Administrative Code › Agency 481 - Inspections and Appeals Department › Inspections Division › Chapter 32 - Consumable Hemp Products › Rule 481-32.5 - Applicability of Other Laws and Regulations

Current through Register Vol. 47, No. 3, July 24, 2024
(1) A consumable hemp establishment shall
				comply with all relevant Iowa laws and regulations applicable to the
				manufacturing, processing, storage, distribution, and sale of food, including
				but not limited to Iowa Code chapter 137F (food establishments and food
				processing plants), Iowa Code chapter 137D (home bakeries), and regulations
				promulgated under those chapters.
(2) An individual or entity subject to Iowa
				Code chapter 123 shall not introduce any consumable hemp product into the
				alcoholic beverage product for which the individual or entity is subject to
				Iowa Code chapter 123, unless the consumable hemp product is generally
				recognized as safe by the Federal Food and Drug Administration and is thus not
				deemed adulterated pursuant to the Federal Food, Drug, and Cosmetic Act,
				Section 402. A consumable hemp retailer may introduce any consumable hemp
				product into alcoholic beverage products sold to consumers on a retail basis in
				intrastate commerce.
(3) An
				individual or entity subject to Iowa Code chapter 189A shall not introduce any
				consumable hemp product into the meat or poultry product for which the
				individual or entity is subject to Iowa Code chapter 189A, unless the
				consumable hemp product is generally recognized as safe by the Federal Food and
				Drug Administration and is thus not deemed adulterated pursuant to the Federal
				Food, Drug, and Cosmetic Act, Section 402. A consumable hemp retailer may
				introduce any consumable hemp product into meat or poultry sold to consumers on
				a retail basis in intrastate commerce.
(4) An individual or entity subject to Iowa
				Code chapters 190 to 192 shall not introduce any consumable hemp product into
				the dairy product for which the individual or entity is subject to Iowa Code
				chapters 190 to 192, unless the consumable hemp product is generally recognized
				as safe by the Federal Food and Drug Administration and is thus not deemed
				adulterated pursuant to the Federal Food, Drug, and Cosmetic Act, Section 402.
				A consumable hemp retailer may introduce any consumable hemp products into
				dairy products sold to consumers on a retail basis in intrastate
				commerce.
(5) Consumable hemp
				products in interstate commerce are subject to federal law. Compliance with
				Iowa Code chapter 204 and this chapter does not represent compliance with
				federal law.
Iowa Administrative Code › Agency 481 - Inspections and Appeals Department › Inspections Division › Chapter 32 - Consumable Hemp Products › Rule 481-32.6 - Prohibitions

Current through Register Vol. 47, No. 3, July 24, 2024
(1) A consumable
				hemp establishment shall not manufacture, process, pack, hold, prepare,
				distribute, or sell consumable hemp products:
a. On the premises of a private residence,
				except a portion of a private residence that is distinctly separate from any
				living space, that is dedicated to the production or sale of food, and that
				meets all applicable state and local regulations;
b. On the premises of a temporary location,
				including but not limited to a food stand, roadside stand, temporary booth, or
				any other temporary structure;
c.
				Door to door;
d. Through vending
				machines; or
e. At private
				parties.
Iowa Administrative Code › Agency 481 - Inspections and Appeals Department › Inspections Division › Chapter 32 - Consumable Hemp Products › Rule 481-32.7 - Violations and Enforcement

Current through Register Vol. 47, No. 3, July 24, 2024
(1) Any
				consumable hemp product introduced into commerce by an individual or entity
				without a consumable hemp registration approved by the department in accordance
				with rule 481-32.2 (204) (registration and posting) is subject to immediate
				embargo.
(2) A consumable hemp
				product that is adulterated or misbranded when introduced into commerce is
				subject to immediate embargo.
(3) A
				consumable hemp product that the department reasonably believes may be
				injurious to public health or that has entered commerce and is not in
				conformance with this chapter is subject to immediate embargo.
(4) The embargo of a consumable hemp product
				shall be effective until such a time as the violation is remedied or the
				product is disposed of in a reasonable manner as determined by the department.
				If the violation cannot be remedied and disposal is required, the cost of
				disposal is the responsibility of the consumable hemp establishment. Disposal
				shall be observed by a person approved by the department. The embargo of a
				consumable hemp product may be appealed in accordance with rule 481-32.8 (204)
				(denial, suspension, or revocation of registration).
(5) A consumable hemp manufacturer shall
				conduct a recall of a consumable hemp product lot that has been tested and
				found to be adulterated. The cost of a recall or disposal of the product is the
				responsibility of the consumable hemp manufacturer.
Iowa Administrative Code › Agency 481 - Inspections and Appeals Department › Inspections Division › Chapter 32 - Consumable Hemp Products › Rule 481-32.8 - Denial, Suspension, or Revocation of Registration

Current through Register Vol. 47, No. 3, July 24, 2024
The department may deny, suspend, or revoke a registration in
				  any case where the department finds that there has been repeated failure on the
				  part of the consumable hemp establishment to comply with the provisions of this
				  chapter, or for any of the following reasons:
(1) Failure to register. An individual or
				entity that introduces a consumable hemp product into commerce without a
				consumable hemp registration approved by the department in accordance with rule
				481-32.2(204) (registration and posting) may be denied a consumable hemp
				registration for a period of up to 30 days for a first violation; up to one
				year for a second violation; and up to five years for a third or any subsequent
				violation.
(2) Nonconforming
				consumable hemp product. A registered consumable hemp establishment that
				introduces a consumable hemp product into commerce that is not in conformance
				with Iowa Code chapter 204 or this chapter is subject to the immediate
				revocation of its registration.
(3)
				Qualifying criminal offense.
a. The conviction
				of any individual with an ownership interest in a consumable hemp establishment
				constituting a felony, serious misdemeanor, or aggravated misdemeanor and
				resulting from an activity constituting a criminal offense in the consumable
				hemp establishment may result in the denial, suspension, or revocation of the
				registration.
b. A conviction for
				committing a criminal offense involving a controlled substance as described in
				Iowa Code section
				204.7
				may result in the denial, suspension, or revocation of the
				registration.
c. A certified copy
				of the final order or judgment of conviction or plea of guilty shall be
				conclusive evidence of the conviction of the registration holder.
d. A deferred judgment, until discharged,
				shall be considered a conviction for purposes of this rule.
Iowa Administrative Code › Agency 481 - Inspections and Appeals Department › Inspections Division › Chapter 32 - Consumable Hemp Products › Rule 481-32.9 - Inspection and Access to Records

Current through Register Vol. 47, No. 3, July 24, 2024
The department may enter a consumable hemp establishment at
				  any reasonable hour to assess compliance with Iowa Code chapter 204 and these
				  rules. The manager or person in charge of the consumable hemp establishment
				  shall afford free access to every part of the premises, including access to
				  records related to consumable hemp products, and shall render all aid and
				  assistance necessary to enable the regulatory authority to make a thorough and
				  complete assessment.
Iowa Administrative Code › Agency 481 - Inspections and Appeals Department › Inspections Division › Chapter 32 - Consumable Hemp Products › Rule 481-32.10 - Public Examination of Records

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Public information.
Generally, information collected by the food and consumer safety bureau and
				contractors is considered public information. Records are stored in computer
				files and are not matched with any other data system. Information is available
				for public review and will be provided when requested from the office of the
				director.
(2)
Confidential
				information.
a. The following are
				examples of confidential records:
(1) Trade
				secrets and proprietary information including items such as formulations,
				processes, policies and procedures, and customer lists;
(2) Health information related to foodborne
				illness complaints and outbreaks;
(3) The name or any identifying information
				of a person who files a complaint with the department; and
(4) Other state or federal agencies'
				records.
Iowa Administrative Code › Agency 481 - Inspections and Appeals Department › Inspections Division › Chapter 32 - Consumable Hemp Products › Rule 481-32.11 - Appeals

Current through Register Vol. 47, No. 3, July 24, 2024
All decisions of the food and consumer safety bureau may be
				  contested by an adversely affected party. A request for a hearing must be made
				  in writing to the Department of Inspections and Appeals, Lucas State Office
				  Building, Des Moines, Iowa 50319, within 30 days of the mailing or service of a
				  decision. Appeals and hearings are controlled by 481-Chapter
				  9.