Citations Affected: IC 16-18; IC 16-22; IC 16-42.
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 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
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.
A BILL FOR AN ACT to amend the Indiana Code concerning
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.
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.
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. 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 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 8. 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 9. An emergency is declared for this act.