(1) Any
establishment that holds a food service establishment license and has gross
sales over $20,000 annually in packaged food items intended for consumption off
the premises shall also be required to obtain a retail food establishment
license. The license holder shall keep a record of these food sales and make it
available to the department upon request.
(2) Licensed retail food establishments
serving only coffee, soft drinks, popcorn, prepackaged sandwiches or other food
items manufactured and packaged by a licensed establishment need only obtain a
retail food establishment license.
(3) A food establishment that holds both a
food service establishment license and a retail food establishment license
shall pay a license fee based on the annual gross sales for the dominant form
of business plus $150.
Example: A food establishment holds a food service
establishment license and a retail food establishment license. It has annual
gross sales of more than $750,000 for its retail food establishment and
$120,000 for its food service establishment. The food establishment pays a
license fee of $400 for its retail food establishment license (paragraph
30.4(1)"c") and $150 for its food service establishment
license (rule 481-30.7
(137F)).
(4) The dominant
form of business shall determine the type of license for establishments which
engage in operations covered under both the definition of a food establishment
and of a food processing plant. The dominant form of business shall be deemed
to be the business with higher annual gross sales. Food establishments that
also process low-acid food in hermetically sealed containers or process
acidified foods are required to have a food processing plant license in
addition to the food establishment license. Regardless of the type of license,
food processing plants shall be inspected pursuant to food processing
inspection standards and food establishments shall be inspected pursuant to the
Food Code.
This rule is intended to implement Iowa Code sections
10A.104 and
137F.6.
Notes
Iowa Code r.
481-30.7
ARC 1190C, IAB
11/27/13, effective 1/1/14; ARC
4139C, IAB 11/21/18, effective 1/1/19; ARC 4731C, IAB 10/23/19, effective
11/27/19
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 23, 2019/Volume XLII, Number 9, effective
11/27/2019
