137F.1 - DEFINITIONS.
137F.1 DEFINITIONS.
For the purpose of this chapter:
1. "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 and which, while it may advertise and accept
reservations, does not hold itself out to the public to be a
restaurant, hotel, or motel, does not require reservations, and
serves food only to overnight guests.
2. "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 food establishment outlets.
3. "Department" means the department of inspections and
appeals.
4. "Director" means the director of the department of
inspections and appeals.
5. "Farmers market" means a marketplace which seasonally
operates principally as a common market for fresh fruits and
vegetables on a retail basis for off-the-premises consumption.
6. "Food" means a raw, cooked, or processed edible substance,
ice, a beverage, an ingredient used or intended for use or sale in
whole or in part for human consumption, or chewing gum.
7. "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, school, summer camp, residential
service substance abuse treatment facility, halfway house substance
abuse treatment facility, correctional facility operated by the
department of corrections, the state training school, or the Iowa
juvenile home. "Food establishment" does not include the
following:
a. A food processing plant.
b. An establishment that offers only prepackaged foods that
are nonpotentially hazardous.
c. A produce stand or facility which sells only whole, uncut
fresh fruits and vegetables.
d. Premises which are a home food establishment pursuant to
chapter 137D.
e. Premises where a person operates a farmers market, if
potentially hazardous food is not sold or distributed from the
premises.
f. Premises of a residence in which food that is
nonpotentially hazardous is sold for consumption off the premises to
a consumer customer, if the food is labeled to identify the name and
address of the person preparing the food and the common name of the
food.
g. A kitchen in a private home where food is prepared or
stored for family consumption or in a bed and breakfast home.
h. A private home that receives catered or home-delivered
food.
i. Child care facilities and other food establishment
facilities located in hospitals or health care facilities which are
subject to inspection by other state agencies or divisions of the
department.
j. Supply vehicles, vending machine locations, or
boardinghouses for permanent guests.
k. Establishments exclusively engaged in the processing of
meat and poultry which are licensed pursuant to section 189A.3.
l. Premises covered by a current class "A" beer permit as
provided in chapter 123.
m. The premises of a residence in which honey is stored;
prepared; packaged, including by placement in a container; labeled;
or from which honey is distributed.
8. "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:
a. A premises covered by a class "A" beer permit as provided
in chapter 123.
b. A premises of a residence in which honey is stored;
prepared; packaged, including by placement in a container; labeled;
or from which honey is distributed.
c. A premises covered by a class "A" wine permit or a class
"B" wine permit as provided in chapter 123.
9. "Mobile food unit" means a food establishment that is
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.
10. "Municipal corporation" means a political subdivision of
this state.
11. "Perishable food" means potentially hazardous food.
12. "Potentially hazardous food" means a food that is natural
or synthetic and is in a form capable of supporting the rapid and
progressive growth of infectious or toxigenic microorganisms, or the
growth and toxin production of clostridium botulinum. "Potentially
hazardous food" includes an animal food that is raw or
heat-treated, a food of plant origin that is heat-treated or consists
of raw seed sprouts, cut melons, and garlic and oil mixtures.
"Potentially hazardous food" does not include the following:
a. An air-cooled hard-boiled egg with shell intact.
b. A food with a water activity value of 0.85 or less.
c. A food with a hydrogen ion concentration (pH) level of 4.6
or below when measured at twenty-four degrees Centigrade or
seventy-five degrees Fahrenheit.
d. A food, in an unopened hermetically sealed container, that
is commercially processed to achieve and maintain commercial
sterility under conditions of nonrefrigerated storage and
distribution.
13. "Pushcart" means a non-self-propelled vehicle food
establishment limited to serving nonpotentially hazardous foods or
commissary-wrapped foods maintained at proper temperatures, or
limited to the preparation and serving of frankfurters.
14. "Regulatory authority" means the department or a
municipal corporation that has entered into an agreement with the
director pursuant to section 137F.3 for authority to enforce this
chapter in its jurisdiction.
15. "Temporary food establishment" means a food establishment
that operates for a period of no more than fourteen consecutive days
in conjunction with a single event or celebration.
16. "Vending machine" means a food establishment which is a
self-service device that, upon insertion of a coin, paper currency,
token, card, or key, dispenses unit servings of food in bulk or in
packages without the necessity of replenishing the device between
each vending operation.
17. "Vending machine location" means the physical site where
a vending machine is installed and operated, including the storage
and servicing areas on the premises that are used in conjunction with
the vending machine. Section History: Recent Form
98 Acts, ch 1162, §6, 30; 99 Acts, ch 192, §33; 99 Acts, ch 208,
§28; 2001 Acts, ch 81, §1, 2; 2002 Acts, ch 1149, §1, 3; 2003 Acts,
ch 44, §37; 2006 Acts, ch 1032, §4; 2007 Acts, ch 215, §210, 211
Referred to in § 100.35, 137C.35, 189A.3, 190C.1