Introduced Version






SENATE BILL No. 404

_____


DIGEST OF INTRODUCED BILL



Citations Affected: IC 16-18-2 ; IC 16-42-5.2.

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 from the requirement to have a certified food handler. Requires the state department of health to establish standards not later than December 31, 2003, for recognizing certification programs for food handlers. Preempts local health departments from regulating food handlers. Requires the state department of health to establish penalties for violations of the chapter.

Effective: Upon passage.





Miller




    January 18, 2001, read first time and referred to Committee on Health and Provider Services.







Introduced

First Regular Session 112th General Assembly (2001)


PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana Constitution) is being amended, the text of the existing provision will appear in this style type, additions will appear in this style type, and deletions will appear in this style type.
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SENATE BILL No. 404



    A BILL FOR AN ACT to amend the Indiana Code concerning health.

Be it enacted by the General Assembly of the State of Indiana:

    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 16-42-5.2-3.
    SECTION 2. 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.
        (3) Articles used for components of any of these articles.
    (b) "Food", for purposes of IC 16-42-5 and IC 16-42-5.2 , has the meaning set forth in IC 16-42-5-1.
    SECTION 3. IC 16-18-2-137 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 137. "Food

establishment", for purposes of IC 16-42-5 and IC 16-42-5.2 , has the meaning set forth in IC 16-42-5-2.
    SECTION 4. IC 16-18-2-138 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 138. "Food handling", for purposes of IC 16-42-5 and IC 16-42-5.2 , has the meaning set forth in IC 16-42-5-3.
    SECTION 5. IC 16-18-2-138.3 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 138.3. "Food handler", for purposes of IC 16-42-5.2 , has the meaning set forth in IC 16-42-5.2-4.
    SECTION 6. 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) Serving bulk food.
        (7) Processing raw meat, poultry, fish, or wild game intended for cooking after sale.
        (8) Heating when it is the only preparation step for a bakery product.
        (9) Providing prepackaged food in its original package.
        (10) Cleaning or sanitizing eating, drinking, or cooking utensils when the only food served has been prepared off site.
    Sec. 3. As used in this chapter, "certified food handler" means a food handler who holds a certificate described in section 6 of this chapter.
    Sec. 4. 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 facility; and
        (2) is responsible for or oversees the storage, preparation, display, or serving of food to the public.
    Sec. 5. After December 31, 2004, at least one (1) food handler at a food establishment must be a certified food handler.
    Sec. 6. A food handler who holds a certificate recognized by the Conference for Food Protection or the state department of health meets the food borne illness prevention training requirements established by the state department of health.
    Sec. 7. 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. 8. After December 31, 2004, a food establishment that begins operation or changes ownership shall comply with section 5 of this chapter not later than six (6) months after beginning operation or changing ownership.
    Sec. 9. 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 5 of this chapter not later than three (3) months after the termination date of the previous certified food handler.
    Sec. 10. 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. 11. 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 12 of this chapter.
    Sec. 12. 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.

    SECTION 7. An emergency is declared for this act.