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              Resources | Legal Summaries

              S.L. 2013-360 (S 402), sec. 12E.1. State Budget: Permit Fees for Food & Lodging Establishments

              August, 2013
              Legislative summary(ies)

              This section of the 2013 Appropriations Act increases the annual permit fees for many food and lodging establishments, and designates the portion of the fees that may be retained by the state and the portion that must be returned to local health departments. It also defines the term “temporary food establishment.”

              Summary: 

              This section of the 2013 Appropriations Act increases the annual permit fees for many food and lodging establishments, and designates the portion of the fees that may be retained by the state and the portion that must be returned to local health departments. It also defines the term “temporary food establishment.”

              The state’s food sanitation laws apply to restaurants and most other businesses that prepare or serve food for pay. There are some exceptions for nonprofits that serve food infrequently, cooking schools, private clubs, and assorted other establishments. Establishments to whom the laws apply must obtain a permit from the local health department and pay a fee for the permit. Fees are collected by the local health department employees who inspect the establishments and issue the permits, but they are sent to the state Department of Health and Human Services. The Department must use the proceeds for state and local food, lodging, and institutional sanitation programs. A portion of the fees is returned to local health departments for local programs.

              Under prior law, the annual permit fee was $75. Before July 1, 2012, state law permitted one-third of the fee to be used to support state programs and activities. Legislation enacted in 2011 reduced the state’s portion of the fee to 10 percent beginning July 1, 2012, but simultaneously shifted some funding previously allocated for aid to counties to the state, in order to pay for the state’s food and lodging programs (this coincided with 2011’s relocation of these programs from the Department of Environment and Natural Resources to the Department of Health and Human Services). This year’s Appropriations Act increased the permit fee for most establishments, again changed the portions allocated to the state and local agencies, added a fee that goes solely to local agencies, and removed the provision that shifted aid-to-county funds to the state.

              Effective August 1, 2013, most food establishments must pay an annual permit fee of $120. No more than $50 of this amount may be used for state programs. The remainder must be returned to local health departments to support local food, lodging, and institutional sanitation programs.

              A different fee and allocation provision applies to temporary food establishments and limited food services establishments. These establishments must pay a $75 fee, all of which is retained by the local health department for use in local food, lodging, and institutional sanitation programs. Limited food services establishments were already defined in law as establishments that prepare or serve food in conjunction with amateur athletic events and are operated by volunteers or nonprofit organizations. The new legislation defines a “temporary food establishment” as an establishment that prepares or serves food in affiliation with transitory fairs, carnivals, festivals, or public exhibitions, and that does not operate for more than 21 days in one location.

              Finally, the sections of the 2011 and 2012 Appropriations Acts that redirected aid-to-county funds to the state food and lodging program have been repealed.

              Related statutes or bills: 
              S.L. 2013-360
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