Iowa Laws for Home Food Businesses

Iowa law requires inspection and licensing if you advertise or distribute potentially hazardous food products (requiring refrigeration to 41°F or below after preparation) prepared in the home for consumption off-premises. Licensing also is required to cater food from the home and to sell non-potentially hazardous food (food not requiring refrigeration after preparation) as well as potentially hazardous food on a wholesale basis. This would include selling or distributing product to restaurants, retailers or institutions.

Certain variables apply to bakery product preparation and sales and for firms whose sales are more than $20,000 a year.

Licensing is not required to sell non-potentially hazardous food directly to customers for consumption off-premises. Sales at a farmers market, for example, directly to consumers would be exempt. However, with the exception of jams and jellies, no “home style” canned goods can be sold at farmers markets. Foods that are processed into a product in a hermetically sealed container must come from a licensed food processing plant.

License Regulations and Fees
“Home food establishments” (potentially hazardous bakery products only) are regulated under Chapter 137D of the Code of Iowa. License fee is $25 annually.

“Retail food establishments” that prepare or distribute food for consumption off the premises (grocery stores) are regulated under Chapter 137F of the Code of Iowa and the 1997 FDA Food Code. “Food service establishments” are places that prepare food for individual portion service and include catering operations. Both retail food establishments and food service establishments are regulated under the 1997 FDA Food Code. And both pay a license fee based on annual gross sales, ranging from $30 to $225 annually.

“Food processing plants” are firms that primarily manufacture, package or label food that is not directly sold to consumer customers. These plants sell food to restaurants, grocery stores, retailers, wholesalers or institutions. Iowa has adopted FDA requirements for these food businesses. The State of Iowa handles all licensing and
regulatory compliance.

Labeling Issues
Food products must be properly labeled to include:
  • name and complete address of manufacturer;
  • product name;
  • list of ingredients in order of predominance (by net weight); and
  • net weight, net volume or numerical count.
Home-based items such as non-potentially hazardous bakery products or honey need only be labeled with the name and complete address of the manufacturer and the product name.

Businesses involved in interstate commerce or who make a health or nutrient content claim have more stringent requirements for labeling.

Inspections
Obtaining a “food service” or “retail food establishment” license requires a consultation and inspection in Iowa. Business owners should contact the Iowa Department of Inspections and Appeals for the name of the local inspector. Prior to construction of the food processing area that will be licensed, a copy of the layout/plans must be submitted.

Requirements for licensing in these categories include:
  • Demonstrated knowledge of the Food Code that applies to the operation.
  • A self-contained food preparation area that is separate from the family kitchen.
  • A three-compartment sink for ware-washing or a commercial style dishwasher.
  • Separate drain boards for soiled and clean dishes. (Clean dishes must be air dried.)
  • The use of an approved sanitizer for food contact surfaces and test kits to check concentratioin.
  • A separate hand-washing sink – the ware-washing sink or mop sink cannot be used for this purpose.
  • A separate mop sink.
  • Easily cleanable floor surface.
  • Cleanable, smooth wall surface.
  • Food contact surfaces that are easily cleanable.
  • Lights that are shielded over/around to prevent breakage.
  • Vented hood system over the range and adequate venting in food preparation area.
  • Thermometers in all cold holding units (41°F or lower).

Additional Information
Further information is available from:

Food and Consumer Safety Bureau
Food and Consumer Safety Bureau, Department of Inspections and Appeals, Lucas State Office Building, Des Moines, IA 50319
Phone: (515) 281-6538