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.
January 18, 2001, read first time and referred to Committee on Health and Provider
Services.
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 16-42-5.2-3.
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.