This text of Iowa § 137F.3 (Authority to enforce) is published on Counsel Stack Legal Research, covering Iowa primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
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 r
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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
thissection, thedirectorshallprovidethattheinspectionpracticesofamunicipalcorporation
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 use the data system prescribed by the director
for activities governed by an agreement executed pursuant to this section.
5. The director shall monitor municipal corporations which have entered into an
§137F.3, FOOD ESTABLISHMENTS AND FOOD PROCESSING PLANTS 4
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.