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Legislative Hot Topics - Food Fees

The seven health districts in the state of Idaho are seeking to increase the fees charged Food Establishments, in an attempt to bring them closer in line with the actual cost of providing the service.

Issues and Answers About Food Fees
Making the Change
Senate Bill 1083
Senate Bill 1083 Statement of Purpose

The Case for Increasing Food Fees

Foodborne illnesses in the United States result in 325,000 hospitalizations and about 5,000 deaths each year. Some studies estimate that upwards of 30% of the population suffers some form of foodborne illness every year. Most cases are minor, don’t require medical attention and result in complete recovery without any lasting effects. However, there are vulnerable populations; the elderly, the very young, pregnant women and those with weakened immune systems; who suffer the most serious effects of foodborne illness.

Everyone agrees it's good policy to inspect facilities that serve food to the public, to reduce the incidence of foodborne illness. The seven health districts in the State of Idaho are required by Idaho Code to provide ‘regulatory authority’ for food safety. That means they do annual inspections of all food establishments, large and small, urban and rural. Providing this service costs money and the current fee structure pays only about one-fifth of the cost.

Nearly every other service provided by the health districts is based on the actual cost of providing that service. Most fees are also adjusted for inflation each year. Idaho Code mandates that the health districts provide inspections of food establishments, child care facilities and public swimming pools, but the Legislature limits what the districts can charge for these services. The current fee was instituted six years ago.

As taxpayer support of the health districts shrinks and other program areas are being cut, the districts are proposing legislation that would increase the fees food establishments pay for regular inspections of their facilities, bringing them closer to the actual cost of providing the service.

Currently all food establishments pay a $65 annual food license fee. That fee covers a single annual inspection, follow-up inspections if needed, and educational efforts of the environmental health specialists doing the inspections.

The $65 fee covers only 22% of the actual cost of providing the service. The remaining 78% of the cost is taxpayer money provided to the health districts by the state and counties.

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The legislation proposed was created by a working group consisting of representatives from the food industry and the health districts, beginning in April of 2008. It would create a three-tiered system, with the food establishments representing the greatest risk to public health (sushi restaurants, for example) paying the most and those with lesser risks, paying less (fast food and farmer’s markets.) See chart below.

Facility Type Current Fee for all Food Establishments Health District Cost Per Facility Proposed Fee (Discounted by Both State and County Funds, 33.2%)
High Risk1
$65
$317
$212
Medium Risk
$65
$300
$200
Temporary / Intermittent / Mobile
$65
$285
$191

1 High risk food establishment involves extensive handling of raw ingredients, heating and cooling of potentially hazardous food, and hot and cold holding of potentially hazardous food. Most Idaho food establishments fall in the medium risk category.

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If approved by the Legislature and signed by the Governor, the increased fees would be implemented over the course of two years and would eventually cover about 67% of the cost of providing inspections, based on FY 2008 costs.

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