Citations Affected: IC 16-18; IC 16-22; IC 16-42; noncode.
Synopsis: Certified food handlers. Requires that, after December 31,
2004, every food establishment must have at least one certified food
handler. Exempts certain food handling activities and certain
institutions from the requirement to have a certified food handler.
Requires a certified food handler to hold a certificate recognized by the
Conference for Food Protection or an equivalent nationally recognized
certification program as determined by the state department of health.
Preempts local health departments from: (1) regulating food handlers;
(2) imposing any sanitary standards on or locally prescribed monetary
penalties for the violation of any state law or rule concerning food
handling or food establishments; and (3) establishing any requirements
or standards for the installation of food handling machinery in a food
establishment. Requires the state department of health to establish civil
penalties for violations of food establishment rules.
Effective: Upon passage; July 1, 2001.
January 18, 2001, read first time and referred to Committee on Health and Provider
Services.
February 15, 2001, amended, reported favorably _ Do Pass.
February 19, 2001, read second time, ordered engrossed. Engrossed.
February 26, 2001, returned to second reading for purposes of amendment.
February 27, 2001, reread second time, amended, ordered engrossed.
February 28, 2001, re-engrossed.
March 5, 2001, read third time, passed. Yeas 49, nays 0.
A BILL FOR AN ACT to amend the Indiana Code concerning
health.
SECTION 1. IC 16-18-2-51.5 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE UPON PASSAGE]: Sec. 51.5. "Certified food
handler", for purposes of IC 16-42-5.2, has the meaning set forth
in IC 16-42-5.2-4.
SECTION 2. IC 16-18-2-80 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 80. "Corporation",
for purposes of IC 16-22-8, has the meaning set forth in IC 16-22-8-2.
IC 16-42-5, and IC 16-42-5.2, means the health and hospital
corporation created under IC 16-22-8.
SECTION 3. IC 16-18-2-135 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 135. (a) "Food", for
purposes of IC 16-42-1 through IC 16-42-4 and IC 16-42-18, means the
following:
(1) Articles used for food, drink, confectionery, or condiment for
humans.
(2) Chewing gum.
machinery in a food establishment regulated by this chapter.
(b) The installation of food handling machinery includes all
activities associated with the machinery's installation, including the
wiring, plumbing, air handling, and all other processes.
(c) This section does not limit the authority of the state fire
marshal, the state building commissioner, or other state agencies
to regulate food establishments.
(d) This section does not limit the authority of a corporation or
local health department to enforce requirements or standards
established by state law or the state department for the installation
of food handling machinery.
SECTION 10. IC 16-42-5-2.3 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE UPON PASSAGE]: Sec. 2.3. As used in this chapter,
"food handling machinery" means any of the following used for
and in food handling:
(1) Equipment.
(2) Appliances.
(3) Tools.
(4) Plumbing and related fixtures.
(5) Refrigeration devices.
(6) Heating, ventilation, and cooling equipment.
(7) Any other piece of equipment used for and in food
handling.
SECTION 11. IC 16-42-5-24 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 24. (a) For the
purpose of enforcing IC 16-41-20, IC 16-41-21, IC 16-41-23,
IC 16-41-24, IC 16-41-34, IC 16-42-5, or IC 16-42-7, the local health
officers are food environmental health specialists subordinate to the
state department.
(b) The state department shall provide to the local health
officers who are food environmental health specialists guidelines
concerning the interpretation of state laws and rules concerning
food handling and food establishments so that enforcement of the
state laws and rules is uniform throughout the state.
SECTION 12. IC 16-42-5-28 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2001]: Sec. 28. (a) The state department shall
adopt rules under IC 4-22-2 establishing a schedule of civil
penalties that may be imposed by the state department to enforce
either of the following:
(1) This chapter.
(2) Rules adopted to implement this chapter.
(b) A penalty included in the schedule of civil penalties
established under this section may not exceed one thousand dollars
($1,000) for each violation per day.
(c) The state department may issue an order of compliance or
impose a civil penalty included in the schedule of civil penalties
established under this section, or both, against a person who does
any of the following:
(1) Fails to comply with this chapter or a rule adopted to
implement this chapter.
(2) Interferes with or obstructs the state department or the
state department's designated agent in the performance of
duties under this chapter.
(d) The state department may issue an order of compliance
against a person described in subsection (c) under IC 4-21.5-3-6,
IC 4-21.5-3-8, or IC 4-21.5-4. The state department may impose a
civil penalty against a person described in subsection (c) only in a
proceeding under IC 4-21.5-3-8.
(e) A proceeding commenced to impose a civil penalty under the
schedule of civil penalties established under this section may be
consolidated with any other proceeding commenced to enforce
either of the following:
(1) This chapter.
(2) A rule adopted by the state department to implement this
chapter.
SECTION 13. IC 16-42-5.2 IS ADDED TO THE INDIANA CODE
AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]:
Chapter 5.2. Food Handlers
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.
Sec. 2. 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 hot dog or sausage products,
popcorn, nachos, pretzels, or frozen pizza.
(2) Preparing or serving a continental breakfast such as rolls,
coffee, juice, milk, and cold cereal.
(3) Preparing or serving nonalcoholic or alcoholic beverages
or ice.
(4) Grinding coffee beans.
(5) Packaging foods that are not potentially hazardous foods
in accordance with rules adopted by the executive board.
(6) Heating when it is the only preparation step for a bakery
product.
(7) Providing prepackaged food in its original package.
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 12-15.
(4) Continuing care retirement communities required to file
disclosure statements under IC 23-2-4.
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.
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.
Sec. 6. After December 31, 2004, at least one (1) food handler at
a food establishment must be a certified food handler.
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.
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.
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.
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.
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.
Sec. 12. After December 31, 2004, an individual who violates any
of the provisions of this chapter is subject to the penalties
prescribed by the executive board under section 13 of this chapter.
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.
Sec. 14. This chapter does not limit the authority of a
corporation or local health department to license retail food
establishments.
Sec. 15. A corporation or local health department may, upon
application to and approval of the state department, enforce the
provisions of this chapter.
SECTION 14. THE FOLLOWING ARE REPEALED [EFFECTIVE
UPON PASSAGE]: IC 16-22-8-2; IC 16-42-5-1; IC 16-42-5-2;
IC 16-42-5-3.
SECTION 15. [EFFECTIVE UPON PASSAGE] IC 16-42-5-28, as
added by this act, applies to violations that occur after June 30,
2001. The state department of health may adopt rules establishing
the initial schedule of civil penalties required under IC 16-42-5-28,
as added by this act, at any time after the effective date of this
SECTION in the manner provided for the adoption of emergency
rules under IC 4-22-2-37.1. An emergency rule adopted under this
SECTION expires on the later of:
(1) the date that permanent rules are adopted to replace the
emergency rules; or
(2) July 1, 2003.
SECTION 16. An emergency is declared for this act.