2015 Indiana Code TITLE 8. UTILITIES AND TRANSPORTATION ARTICLE 2.1. MOTOR CARRIER REGULATION CHAPTER 27. TRANSPORTATION OF FOOD
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IC 8-2.1-27
Chapter 27. Transportation of Food
IC 8-2.1-27-1
"Acceptable temperature"
Sec. 1. As used in this chapter, "acceptable temperature" means a
temperature established in a rule or regulation adopted by the state
department of health with respect to the storage and transportation of
a particular food and enforced by the state department of health or a
local health department.
As added by P.L.108-2012, SEC.1.
IC 8-2.1-27-2
"Health inspector"
Sec. 2. As used in this chapter, "health inspector" refers to an
agent or employee of the state department of health or a local health
department.
As added by P.L.108-2012, SEC.1.
IC 8-2.1-27-3
"Law enforcement officer"
Sec. 3. As used in this chapter, "law enforcement officer" means:
(1) a state police officer; or
(2) a state police motor carrier inspector;
with authority to enforce this article.
As added by P.L.108-2012, SEC.1.
IC 8-2.1-27-4
"Local health department"
Sec. 4. As used in this chapter, "local health department" refers to
a local health department established under IC 16-20 or the health
and hospital corporation created under IC 16-22-8.
As added by P.L.108-2012, SEC.1.
IC 8-2.1-27-5
"Motor vehicle for the transportation of food"
Sec. 5. As used in this chapter, "motor vehicle for the
transportation of food" means a motor vehicle that is:
(1) subject to inspection under IC 8-2.1-24, including under
rules prescribed under IC 8-2.1-24; and
(2) engaged in the transportation of food.
As added by P.L.108-2012, SEC.1.
IC 8-2.1-27-6
Compliance with applicable rules concerning transportation of
food
Sec. 6. A person may not operate a motor vehicle for the
transportation of food upon a public highway unless the motor
vehicle is in compliance with applicable rules adopted by the state
Indiana Code 2015
department of health concerning the transportation of food.
As added by P.L.108-2012, SEC.1.
IC 8-2.1-27-7
Inspection to determine compliance; noncompliance; Class A
infraction; inspection by law enforcement officer or health
inspector; transporting food ordered disposed; Class A
misdemeanor; impoundment
Sec. 7. (a) A law enforcement officer may inspect a motor vehicle
used to transport food to determine compliance with section 6 of this
chapter.
(b) This subsection applies if, during the course of an inspection
under subsection (a), a law enforcement officer determines that:
(1) the temperature of the food is more than two (2) degrees
above the acceptable temperature;
(2) the food exhibits outward signs of contamination, spoilage,
deterioration, putrefaction, or infestation; or
(3) the food is improperly loaded in a manner that increases the
risk of cross-contamination.
A person who operates a motor vehicle described in this subsection
commits a Class A infraction.
(c) If, during the course of an inspection under subsection (a), a
law enforcement officer determines that the motor vehicle is not in
compliance with applicable rules and regulations adopted by the state
department of health concerning the transportation of food, the law
enforcement officer:
(1) may contact a health inspector to inspect the motor vehicle;
and
(2) may detain the motor vehicle and its operator for purposes
of the inspection.
(d) If a health inspector is present to inspect a motor vehicle and
finds a violation of section 6 of this chapter, the health inspector may
order either or both of the following:
(1) Disposal of part or all of the food.
(2) Impoundment of the vehicle.
(e) The penalty under this subsection is in addition to any
penalties provided in IC 9, IC 16, or rules or regulations adopted by
the state department of health. This subsection applies if a health
inspector, after inspection of a motor vehicle under subsection (d),
finds a violation of section 6 of this chapter. A person who operates
a motor vehicle described in this subsection commits a Class A
infraction.
(f) A person who recklessly, knowingly, or intentionally transports
food that a health inspector ordered to be disposed under subsection
(d)(1), other than for the purpose of disposal, commits a Class A
misdemeanor.
(g) A person who operated a motor vehicle impounded under
subsection (d)(2) may not obtain possession of the motor vehicle until
the person complies with the requirements of this chapter, including
Indiana Code 2015
paying any costs associated with the disposal of food under
subsection (d)(1).
As added by P.L.108-2012, SEC.1.
IC 8-2.1-27-8
Immunity from civil liability
Sec. 8. The following are not liable in a civil action for an official
act done or omitted in connection with the performance of duties
under this chapter:
(1) An agent or employee of the department.
(2) An agent or employee of the state police department.
(3) An agent or employee of the state department of health.
(4) An agent or employee of a local health department.
(5) Any other individual charged with enforcing:
(A) this article; or
(B) rules or regulations adopted by the state department of
health concerning the transportation of food.
As added by P.L.108-2012, SEC.1.
Indiana Code 2015
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