Iowa Administrative Code
Agency 481 - INSPECTIONS AND APPEALS
INSPECTIONS DIVISION
Chapter 34 - HOME FOOD PROCESSING ESTABLISHMENTS
Rule 481-34.11 - Denial, suspension, or revocation of license

Universal Citation: IA Admin Code 481-34.11

Current through Register Vol. 46, No. 19, March 20, 2024

(1) Denial, suspension, or revocation of a license. Unless otherwise stated, notice of denial, suspension, or revocation of a license will be provided by the department and shall be effective 30 days after mailing or personal service of the notice. The department may suspend or revoke a license issued pursuant to this chapter if either of the following occurs:

a. The home food processing establishment does not conform to a provision of this chapter or a rule adopted pursuant to this chapter.

b. The license holder conducts an activity constituting a criminal offense in the home food processing establishment and is convicted of a serious misdemeanor or a more serious offense as a result. A certified copy of the final order or judgment of conviction or plea of guilty shall be conclusive evidence of the conviction of the license holder.

A deferred judgment shall be considered a conviction for purposes of this rule.

(2) Immediate suspension of license. To the extent not inconsistent with Iowa Code chapters 17A and 137D and rules adopted pursuant to those chapters, the department or contractor may immediately suspend a license in cases of an imminent health hazard, as defined by chapter 8 of the 2017 FDA Food Code (the "food code"). The procedures of Iowa Code section 17A.18A and chapter 8 of the food code shall be followed in cases of an imminent health hazard.

(3) Contesting denial, suspension, or revocation of license. The department's decision to deny, suspend, or revoke a license may be contested by the adversely affected party pursuant to the provisions of rule 481-34.14 (137D).

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