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 make
an annual report to the director providing the following information:
a. The total number of licenses granted or renewed by the
municipal corporation under this chapter during the year.
b. The number of licenses granted or renewed by the municipal
corporation under this chapter during the year in each of the
following categories:
(1) Food establishments.
(2) Food processing plants.
(3) Mobile food units and pushcarts.
(4) Temporary food establishments.
(5) Vending machines.
c. The amount of money collected in license fees during the
year.
d. The amount expended to perform the functions required
under the agreement, submitted on a form prescribed by the
department.
e. Other information the director requests.
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. Section History: Recent Form
98 Acts, ch 1162, §8, 30; 2007 Acts, ch 215, §213
Referred to in § 137F.1