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H0642.................................................by HEALTH AND WELFARE
FOOD ESTABLISHMENTS - Amends and repeals existing law to move the sunset
clause for licensing food establishments ahead five years; to provide a
definition for "new food establishment"; to provide that a governmental or
tax-supported entity must obtain a license if it operates a food
establishment; to provide correct statutory citations for criminal and
civil proceedings to be brought; and to revise the fee structure for
licensing food establishments.
02/13 House intro - 1st rdg - to printing
02/14 Rpt prt - to Health/Wel
02/20 Rpt out - rec d/p - to 2nd rdg
02/21 2nd rdg - to 3rd rdg
02/26 3rd rdg - ret'd to Health/Wel
|||| LEGISLATURE OF THE STATE OF IDAHO ||||
Fifty-sixth Legislature Second Regular Session - 2002
IN THE HOUSE OF REPRESENTATIVES
HOUSE BILL NO. 642
BY HEALTH AND WELFARE COMMITTEE
1 AN ACT
2 RELATING TO LICENSURE AND REGULATION OF FOOD ESTABLISHMENTS; AMENDING SECTIONS
3 11 AND 12, CHAPTER 194, LAWS OF 1997, AS AMENDED BY SECTIONS 1 AND 2,
4 CHAPTER 176, LAWS OF 2000, TO MOVE THE SUNSET CLAUSE AHEAD FIVE YEARS;
5 AMENDING SECTION 39-1602, IDAHO CODE, TO PROVIDE A DEFINITION FOR "NEW
6 FOOD ESTABLISHMENT" AND TO MAKE A TECHNICAL CORRECTION; AMENDING SECTION
7 39-1604, IDAHO CODE, TO PROVIDE THAT A GOVERNMENTAL OR TAX-SUPPORTED
8 ENTITY MUST OBTAIN A LICENSE IF IT OPERATES A FOOD ESTABLISHMENT; AMENDING
9 SECTION 39-1606, IDAHO CODE, TO PROVIDE CORRECT STATUTORY CITATIONS FOR
10 CRIMINAL AND CIVIL PROCEEDINGS TO BE BROUGHT; AMENDING SECTION 39-1607,
11 IDAHO CODE, TO REVISE THE FEE STRUCTURE FOR LICENSING FOOD ESTABLISHMENTS;
12 AND REPEALING SECTION 39-1608, IDAHO CODE.
13 Be It Enacted by the Legislature of the State of Idaho:
14 SECTION 1. That Section 11, Chapter 194, Laws of 1997, as amended by Sec-
15 tion 1, Chapter 176, Laws of 2000, be, and the same is hereby amended to read
16 as follows:
17 SECTION 11. Section 7 of this act shall be null, void and of no force and
18 effect on and after July 1, 20027.
19 SECTION 2. That Section 12, Chapter 194, Laws of 1997, as amended by Sec-
20 tion 2, Chapter 176, Laws of 2000, be, and the same is hereby amended to read
21 as follows:
22 SECTION 12. Sections 9 and 10 of this act shall be in full force and
23 effect on and after July 1, 20027.
24 SECTION 3. That Section 39-1602, Idaho Code, be, and the same is hereby
25 amended to read as follows:
26 39-1602. DEFINITIONS. As used in this chapter:
27 (1) "Food establishment" means those operations in the food business such
28 as, but not limited to, food processing establishments, canning factories,
29 salvage processing facilities, food service establishments, cold storage
30 plants, commissaries, warehouses, food vending machine operations and loca-
31 tion, caterers, mobile food units and retail food stores. Such operations
32 include all activities under the control of the license holder including prep-
33 aration, processing, storage, service, transportation vehicles, satellite
34 locations, divisions and departments, and remote feeding sites. The term
35 includes operations which are conducted in permanent, temporary or mobile
36 facilities or locations. It includes any food operation regardless of whether
37 consumption is on or off the premises and regardless of whether there is a
38 charge for the food. Individual divisions and departments on one (1) premises
39 and under common ownership shall as a whole be considered a single food estab-
2
1 lishment. The term "food establishment" does not include:
2 (a) Private homes where food is prepared or served for individual family
3 consumption;
4 (b) Fraternal, benevolent or nonprofit charitable organizations which do
5 not prepare or serve food on a regular basis. Food shall not be considered
6 to be served on a regular basis if the food is served for a period not to
7 exceed five (5) consecutive days on no more than three (3) occasions per
8 year for foods which are not potentially hazardous, or if the food is
9 served no more than one (1) meal a week for all other foods;
10 (c) Bed and breakfast establishments with ten (10) or fewer beds;
11 (d) Establishments which offer only factory-sealed foods that are not
12 potentially hazardous; and
13 (e) Agricultural markets.
14 (2) "New food establishment" means a food establishment that is:
15 (a) New building construction;
16 (b) The conversion of an existing structure or vehicle for use as a food
17 establishment; or
18 (c) The extensive remodeling of an existing food establishment, when a
19 plan review is required because of structural, plumbing or electrical per-
20 mit requirements or all of them.
21 (3) "Potentially hazardous food" means any food or ingredient, natural or
22 synthetic, in a form capable of supporting the rapid and progressive growth of
23 infectious or toxigenic microorganisms or the slower growth of clostridium
24 botulinum. Included is any food of animal origin, either raw or heat treated
25 and any food of plant origin which has been heat treated or which is raw seed
26 sprouts; cut melons; and garlic and oil mixtures. The term "potentially haz-
27 ardous food" does not include:
28 (a) Air-dried hard-boiled eggs with shells intact;
29 (b) Foods with a water activity (aw) value of eighty-five hundredths
30 (0.85) or less;
31 (c) Foods with a pH (hydrogen ion concentration) level of four and six-
32 tenths (4.6) or below when measured at seventy-five (75) degrees Fahren-
33 heit;
34 (d) Foods in unopened hermetically-sealed containers which have been com-
35 mercially processed to achieve and maintain commercial sterility under
36 conditions of nonrefrigerated storage and distribution;
37 (e) Foods for which laboratory evidence, acceptable to the regulatory
38 authority, demonstrates that rapid and progressive growth of infectious
39 and toxigenic microorganisms or the slower growth of clostridium botulinum
40 cannot occur;
41 (f) Milk, half-and-half cream, butter products, frozen dairy desserts and
42 other fluid milk products, in the original unopened container; and
43 (g) Any other food items determined by the department of health and wel-
44 fare not to be potentially hazardous.
45 (34) "Regulatory authority" means the director of the Idaho department of
46 health and welfare or the director's designee.
47 SECTION 4. That Section 39-1604, Idaho Code, be, and the same is hereby
48 amended to read as follows:
49 39-1604. LICENSE REQUIREMENTS FOR FOOD ESTABLISHMENTS. No person, firm,
50 governmental or tax-supported entity or corporation shall operate a food
51 establishment, for which no other state or federal food safety inspection or
52 license is required, without a license approved by the director of the depart-
53 ment of health and welfare or his designee. Food establishment licenses shall
3
1 not be transferable and the type of license and any restrictions will be spec-
2 ified on the license.
3 Terms and conditions of licensure are to be established by rules in accor-
4 dance with the intent of this chapter. Any applicant or license holder
5 aggrieved by an action of the regulatory authority which results in denial,
6 suspension, or revocation of a license has the right to a hearing conducted
7 pursuant to chapter 52, title 67, Idaho Code, and appeal shall be provided
8 therein.
9 SECTION 5. That Section 39-1606, Idaho Code, be, and the same is hereby
10 amended to read as follows:
11 39-1606. CRIMINAL AND CIVIL PROCEEDINGS. The regulatory authority may
12 seek to enforce the provisions of this chapter and any rule or standard
13 adopted by the board pursuant to this chapter through a court of competent
14 jurisdiction.
15 (1) Misdemeanor proceedings may be brought in accordance with sections
16 39-109, 39-117, 37-117, and 37-119 and 56-1008, Idaho Code.
17 (2) Civil proceedings may be brought in accordance with sections 39-108
18 and 39-109 56-1010, Idaho Code.
19 (3) Injunctive relief may be sought in accordance with sections 39-108,
20 39-109 and 37-116 and 56-1009, Idaho Code.
21 SECTION 6. That Section 39-1607, Idaho Code, be, and the same is hereby
22 amended to read as follows:
23 39-1607. LICENSE FEES. A fee Pursuant to this section, fees may be
24 charged by the department of health and welfare. for licensing a food estab-
25 lishment District health departments may be delegated the authority to collect
26 fees in this section on behalf of the department of health and welfare. The
27 fee for licensing a food establishment shall not exceed fiftysixty-five dol-
28 lars ($565.00) per establishment per year,. Fees collected for licensing a
29 food establishment shall be deposited in the food safety fund and shall be
30 used for funding a portion of the food safety inspection program except that,
31 in addition, a new food establishment shall be charged a review fee as fol-
32 lows:
33 Single establishment - two hundred fifty dollars ($250);
34 Multiple department facilities - two hundred fifty dollars ($250) for the
35 first department;
36 Additional departments - fifty dollars ($50.00) per department.
37 The fee for new food establishments will include license application
38 review, consultations, plan review and pre-opening inspection(s). The new
39 establishment fee shall not be applied to temporary food establishments.
40 There shall be a late fee of twenty-five dollars ($25.00) per establish-
41 ment when the annual license fee is paid after December 31 for the upcoming
42 year or for facilities that commence operation without obtaining a license.
43 SECTION 7. That Section 39-1608, Idaho Code, be, and the same is hereby
44 repealed.
STATEMENT OF PURPOSE
RS 11526
This legislation is recommended by the 2001 Joint Legislative Task
Force on Food Protection. It accomplishes the following:
1. It increases the current $55 license fee to $65.
2. Extends the sunset on the license fee from July 1, 2001 to
July 1,2007.
3. Adds a $250 fee for new food establishments for the front-end
costs incurred by the Health Districts for application review,
consultations, plan review and pre- opening inspections.
4. Eliminates unnecessary bookkeeping procedures, as recommended
by the Legislative Auditor. Fees will be paid directly to the
applicable Health District rather than passing through the Department
of Health and Welfare (DHW) accounting system first. The Health
Districts will continue to report food establishment inspections
to DHW.
5. Provides a $25 late fee for delinquent license fee payments.
6. Changes the definition of food establishment to agree with
current practice. This housekeeping measure adds governmental or
tax-supported entities to the list of food establishments required
to be licensed.
FISCAL NOTE
The total cost of the Food Protection Program in FY 2001 was
$1,727,957. Revenue generated from license fees during FY 2001
($55 fee) totaled $331,660 or 19.2% of total program costs.
General funds of $795,889 paid for 46.1% and county taxes of
$600,407 comprised 34.7% of the total costs.
The $65 fee, new establishment fee, and delinquent fee will increase
revenue by an estimated $151,850. The total program cost estimate
for FY 2003 is $1,813,629. The distribution of those costs under
the proposal is: 26.7% to fees ($483,510), 41.8% to state general
funds ($758,168) and 31.5% to county taxes ($571,951).
CONTACT:
Representative Thomas Loertscher
Senator Hal Bunderson
332-1000
Richard Schultz
DHW Division of Health Administrator
334-5945
STATEMENT OF PURPOSE/FISCAL NOTE H 642