1. A person shall not open or operate a home food processing establishment until a license has been obtained from the department. The department shall collect a fee of fifty dollars for a license. After collection, the fees shall be deposited in a special fund in the state treasury. Moneys in the fund are appropriated to the department for the administration of this chapter. A license shall expire one year from date of issue. A license is renewable.

Terms Used In Iowa Code 137D.2

  • Department: means the department of inspections and appeals. See Iowa Code 137D.1
  • following: when used by way of reference to a chapter or other part of a statute mean the next preceding or next following chapter or other part. See Iowa Code 4.1
  • Food: means any raw, cooked, or processed edible substance, ice, beverage, or ingredient used or intended for use or sale in whole or in part for human consumption. See Iowa Code 137D.1
  • Home food processing establishment: means a business on the premises of a residence in which homemade food items are produced for sale or resale, for consumption off the premises, if the business has gross annual sales of less than fifty thousand dollars. See Iowa Code 137D.1
  • Homemade food item: includes food that is not time/temperature control for safety food, but does not include such food if produced and sold under section 137F. See Iowa Code 137D.1
  • License: means a license issued by the state under this chapter to a hearing aid specialist. See Iowa Code 154A.1
  • Person: means a natural person. See Iowa Code 154A.1
  • sell: means a transfer of title or of the right to use by lease, bailment, or any other means, but excludes a wholesale transaction with a distributor or hearing aid specialist, and excludes the temporary, charitable loan or educational loan of a hearing aid without remuneration. See Iowa Code 154A.1
  • State: means a state, territory, or possession of the United States, the District of Columbia, or the Commonwealth of Puerto Rico. See Iowa Code 152E.3
  • year: means twelve consecutive months. See Iowa Code 4.1
 2. A person shall not sell or distribute from a home food processing establishment if the home food processing establishment is unlicensed, the license of the home food processing establishment is suspended, or the food fails to meet standards adopted for such food by the department.
 3. An application for a license under this chapter shall be made upon a form furnished by the department and shall contain the items required by the department according to rules adopted by the department.
 4. The department shall regulate, license, and inspect home food processing establishments in a manner that is consistent with this chapter.
 5. The department shall provide for the periodic inspection of a home food processing establishment. The inspector may enter the home food processing establishment at any reasonable hour to make the inspection. The department shall inspect only those areas related to preparing food for sale.
 6. The department shall regulate and may inspect food prepared at a home food processing establishment in a manner that is consistent with this chapter. The inspection may occur at any place where a homemade food item is created, transported, or stored for sale or resale.
 7. A home food processing establishment shall affix or label a homemade food item with all of the following information:

 a. Information to identify the name of the home food processing establishment.
 b. The common name of the food.
 c. The ingredients of the homemade food item in descending order of predominance.
 d. The net quantity of contents.
 e. For refrigerated time/temperature control for safety foods, an expiration date based on food safety.
 f. The following statement: “This product was produced at a home food processing establishment.” If the homemade food item contains one or more major food allergens, an additional allergen statement must be included on the label identifying each major allergen contained in the food by the common name of the allergen.
 8. The department may adopt rules under chapter 17A to administer this chapter.
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