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.
