2016 Indiana Code TITLE 16. HEALTH ARTICLE 42. REGULATION OF FOOD, DRUGS, AND COSMETICS CHAPTER 5.2. FOOD HANDLERS
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IC 16-42-5.2
Chapter 5.2. Food Handlers
IC 16-42-5.2-1
Local regulation precluded
Sec. 1. Except as provided in this chapter, a corporation or local
health department may not impose any registration, certification, or
licensing requirements on food handling or food handlers.
As added by P.L.266-2001, SEC.16.
IC 16-42-5.2-2
Exempt food establishments
Sec. 2. (a) Except as provided in subsection (b), this chapter does
not apply to a food establishment when the food establishment's food
handling activities are limited solely to one (1) or more of the
following:
(1) Heating or serving precooked foods.
(2) Preparing or serving a continental breakfast such as rolls,
coffee, juice, milk, and cold cereal.
(3) Preparing or serving nonalcoholic or alcoholic beverages
that are not potentially hazardous beverages or ice.
(4) Preparing or serving packaged or unpackaged foods that are
not potentially hazardous foods, including elephant ears, funnel
cakes, cotton candy, confectionaries, baked goods, popcorn, and
chips and grinding coffee beans.
(5) Providing prepackaged food in its original package.
(b) This subsection does not apply to a pharmacy that is a food
establishment that provides only prepackaged food products for sale.
A food establishment that has more than ten thousand (10,000)
square feet in total retail sales space at the food establishment
location must comply with this chapter.
As added by P.L.266-2001, SEC.16. Amended by P.L.139-2005,
SEC.1.
IC 16-42-5.2-3
Exempt entities
Sec. 3. This chapter does not apply to the following:
(1) Hospitals licensed under IC 16-21.
(2) Health facilities licensed under IC 16-28.
(3) Housing with services establishments that are required to
file disclosure statements under IC 12-10-15.
(4) Continuing care retirement communities required to file
disclosure statements under IC 23-2-4.
(5) Community mental health centers (as defined in
IC 12-7-2-38).
(6) Private mental health institutions licensed under IC 12-25.
(7) An area agency on aging designated under IC 12-10-1 that
provides food under a nutrition service program. However, the
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premises where the food is prepared is not exempt from the
requirements under this chapter.
(8) A food pantry that:
(A) is operated or affiliated with a nonprofit organization
that is exempt from federal income taxation under Section
501(c)(3) of the Internal Revenue Code; and
(B) distributes food, which may include food from the
United States Department of Agriculture, to needy persons.
However, a food bank or other facility that distributes donated
food to other organizations is not exempt from the requirements
of this chapter.
As added by P.L.266-2001, SEC.16. Amended by P.L.104-2003,
SEC.9; P.L.97-2004, SEC.71; P.L.139-2005, SEC.2.
IC 16-42-5.2-3.5
Exempt organizations
Sec. 3.5. (a) An organization that is exempt from the state gross
retail tax under IC 6-2.5-5-21(b)(1)(B), IC 6-2.5-5-21(b)(1)(C), or
IC 6-2.5-5-21(b)(1)(D) is exempt from complying with the
requirements of this chapter.
(b) This section does not prohibit an exempted organization from
waiving the exemption and using a certified food handler.
As added by P.L.139-2005, SEC.3.
IC 16-42-5.2-4
"Certified food handler" defined
Sec. 4. As used in this chapter, "certified food handler" means a
food handler who holds a certificate described in section 7 of this
chapter.
As added by P.L.266-2001, SEC.16.
IC 16-42-5.2-5
"Food handler" defined
Sec. 5. As used in this chapter, "food handler" means an
individual who:
(1) is an owner, an operator, a manager, or an employee of a
food establishment; and
(2) is responsible for or oversees the storage, preparation,
display, or serving of food to the public.
As added by P.L.266-2001, SEC.16.
IC 16-42-5.2-6
Certified food handler requirement
Sec. 6. After December 31, 2004, at least one (1) food handler at
a food establishment must be a certified food handler.
As added by P.L.266-2001, SEC.16.
IC 16-42-5.2-7
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Food borne illness prevention training requirement
Sec. 7. A food handler who holds a certificate recognized by the
Conference for Food Protection or an equivalent nationally
recognized certification program as determined by the state
department of health meets the food borne illness prevention training
requirements established by the state department of health.
As added by P.L.266-2001, SEC.16.
IC 16-42-5.2-8
Presence of certified food handler
Sec. 8. After December 31, 2004, a food establishment must have
at least one (1) certified food handler responsible for all periods of
the food establishment's operation. However, a certified food handler
need not be present at the food establishment during all hours of
operation.
As added by P.L.266-2001, SEC.16.
IC 16-42-5.2-9
Time requirements; food establishment beginning operation or
changing ownership
Sec. 9. After December 31, 2004, a food establishment that begins
operation or changes ownership shall comply with section 6 of this
chapter not later than six (6) months after beginning operation or
changing ownership.
As added by P.L.266-2001, SEC.16.
IC 16-42-5.2-10
Time requirements; certified food handler terminating
employment
Sec. 10. After December 31, 2004, if a food establishment does
not have a certified food handler because a certified food handler
terminates employment with the food establishment, the owner or
operator of the food establishment shall comply with section 6 of this
chapter not later than three (3) months after the termination date of
the previous certified food handler.
As added by P.L.266-2001, SEC.16.
IC 16-42-5.2-11
Multiple food establishments on same property
Sec. 11. After December 31, 2004, if more than one (1) food
establishment operated by the same individual is located on the same
property or on contiguous properties, only one (1) certified food
handler is required for the food establishments.
As added by P.L.266-2001, SEC.16.
IC 16-42-5.2-12
Penalties
Sec. 12. After December 31, 2004, an individual who violates any
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of the provisions of this chapter is subject to the penalties prescribed
by the executive board under section 13 of this chapter.
As added by P.L.266-2001, SEC.16.
IC 16-42-5.2-13
Adoption of rules
Sec. 13. Not later than December 31, 2003, the executive board
shall adopt rules under IC 4-22-2 establishing standards for:
(1) the administration of this chapter; and
(2) the imposition of penalties for violations of this chapter.
As added by P.L.266-2001, SEC.16.
IC 16-42-5.2-14
Local licensing authority not limited
Sec. 14. This chapter does not limit the authority of a corporation
or local health department to license retail food establishments.
As added by P.L.266-2001, SEC.16.
IC 16-42-5.2-15
Local enforcement
Sec. 15. A corporation or local health department may, upon
application to and approval of the state department, enforce the
provisions of this chapter.
As added by P.L.266-2001, SEC.16.
Indiana Code 2016
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