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 a new 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.
(3)
License expiration. A
license is renewable and expires after one year, with the exception of a
temporary food establishment license issued in conjunction with a single event
at a specific location, which is valid for a period not to exceed 14
consecutive days.
(4)
Posting of inspection reports, licenses, and registration
tags. A valid license and the most recent inspection report, along
with any current complaint or reinspection reports, shall be posted no higher
than eye level where the public can see them. The report shall not be posted in
such a manner that the public cannot reasonably read the report. For example,
the posting of a report behind a service area where the report can be seen but
not easily read is not allowed. Vending machines shall bear a tag to affirm the
license. For the purpose of this subrule, only founded complaint reports shall
be considered complaints. Founded complaints shall be posted until either the
mail-in recheck form has been submitted to the regulatory authority or a
recheck inspection has been conducted to verify that the violations have been
corrected.
(5)
Documentation of gross sales. The regulatory authority shall
require from a license holder documentation of the annual gross sales of food
and drink sold by a licensed food establishment or a licensed food processing
plant unless the establishment is paying the highest license fee required by
rule
481-30.4 (137C,137F). The
documentation submitted by the license holder will be kept confidential and
will be used to verify that the license holder is paying the appropriate
license fee based on annual gross sales of food and drink. For food processing
plants that are food storage facilities and food establishments whose sales are
included in a single rate with lodging or other services, the value of the food
handled should be used. Documentation shall include at least one of the
following:
a. A copy of the firm's business
tax return;
b. Quarterly sales tax
data;
c. A letter from an
independent tax preparer;
d. Other
appropriate records.
(6)
License eligibility for renewal limited to 60 days after
expiration. A delinquent license shall only be renewed if application
for renewal is made within 60 days of expiration of the license. If a
delinquent license is not renewed within 60 days, an establishment must apply
for a new license and meet all the requirements for licensure. Establishments
that have not renewed the license within 60 days of the expiration of the
license shall be closed by the department or a contractor. The establishment
shall not be reopened until a new license application has been submitted and
approved.
This rule is intended to implement Iowa Code sections
10A.104 and
137C.8 and chapter
137F.
Notes
Iowa Code r.
481-30.3
ARC 1190C, IAB
11/27/13, effective 1/1/14; ARC
4139C, IAB 11/21/18, effective 1/1/19; ARC 6568C, IAB 10/5/22, effective
11/9/22
ARC 1190C, IAB 11/27/2013,
effective 1/1/2014
Amended by
IAB
November 21, 2018/Volume XLI, Number 11, effective
1/1/2019
Amended by
IAB
October 5, 2022/Volume XLV, Number 7, effective
11/9/2022
