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 16-42-5.2-4.
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.
(3) Articles used for components of any of these articles.
(b) "Food", for purposes of IC 16-42-5 has the meaning set forth in
IC 16-42-5-1. and IC 16-42-5.2, means the following:
(1) All articles used for food, drink, confectionery, or
condiment whether simple, mixed, or compound.
(2) All substances or ingredients used in the preparation of the
items described in subdivision (1).
SECTION 4. 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 has the meaning set forth in
IC 16-42-5-2. and IC 16-42-5.2, means any building, room,
basement, vehicle of transportation, cellar, or open or enclosed
area occupied or used for handling food.
SECTION 5. 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 has the meaning set forth in
IC 16-42-5-3. and IC 16-42-5.2, means producing, processing,
handling, preparing, manufacturing, packing, storing, selling,
distributing, or transporting of food.
SECTION 6. IC 16-18-2-138.2 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE UPON PASSAGE]: Sec. 138.2. "Food handling
machinery", for purposes of IC 16-42-5, has the meaning set forth
in IC 16-42-5-2.3.
SECTION 7. 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 16-42-5.2-5.
SECTION 8. IC 16-19-3-4.3 IS ADDED TO THE INDIANA CODE
AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: Sec. 4.3. Upon a showing of good cause, the
executive board may grant a variance from one (1) or more of the
state rules concerning:
(1) food handling machinery; or
(2) sanitary standards for the operation of food
establishments.
SECTION 9. IC 16-42-5-0.5 IS ADDED TO THE INDIANA CODE
AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: Sec. 0.5. Except as provided in this chapter, a
corporation or local health department may not impose any:
(1) sanitary standards on; or
(2) locally prescribed monetary penalties for the violation of
any state law or rule concerning;
food handling or food establishments.
SECTION 10. IC 16-42-5-0.7 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE UPON PASSAGE]: Sec. 0.7. (a) Except as provided in
this chapter, a corporation or local health department may not
impose any requirements or standards on the installation of food
handling 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 11. IC 16-42-5-0.9 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE UPON PASSAGE]: Sec. 0.9. (a) A corporation or local
health department may petition the state department requesting
one (1) or more modifications or changes in the state department's
rules concerning:
(1) food handling machinery;
(2) sanitary standards for food handling or food
establishments; or
(3) civil penalties authorized under IC 16-42-5-28.
(b) Following the receipt of a petition described in subsection
(a), the state department shall hold a public hearing concerning the
corporation or local health department's requested modifications
or changes and shall determine in writing whether to adopt rules
under IC 4-22-2 to modify or change the state department's rules.
SECTION 12. 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 13. IC 16-42-5-5.2 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE UPON PASSAGE]: Sec. 5.2. The state department
may grant a variance from one (1) or more of the state rules
concerning:
(1) food handling machinery; or
(2) sanitary standards for the operation of food
establishments;
in accordance with IC 16-19-3-4.3.
SECTION 14. 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 the state department's rules
concerning food handling and food establishments so that
enforcement of the state laws and rules is uniform throughout the
state.
SECTION 15. IC 16-42-5-28 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE UPON PASSAGE]: 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 civil penalties collected under this section shall be
deposited in the state general fund.
(d) 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.
(e) 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.
(f) 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.
(g) A corporation or a local health department:
(1) may bring an administrative action to enforce this chapter,
rules adopted to implement this chapter, or the schedule of
civil penalties established by the state department under this
section;
(2) may use tickets or citations to enforce this chapter, rules
adopted under this chapter, or the schedule of civil penalties
established by the state department under this section; and
(3) shall deposit in the general fund of the corporation or the
local health department the civil penalties collected under this
section.
(h) For each violation of the state law or rules concerning food
handling or food establishments, the state or either:
(1) a corporation; or
(2) a local health department;
may bring an enforcement action against a food establishment.
SECTION 16. 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 17. 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 18. [EFFECTIVE UPON PASSAGE] (a) 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.
(b) A corporation or local health department that, before
January 1, 2001, adopted monetary penalties for the violation of
any state or local law or rule concerning food handling or food
establishments may continue to enforce those locally prescribed
monetary penalties (including the issuance of tickets or citations
authorized by local law) and deposit the amounts collected as
prescribed by local law until the later of:
(1) the date that permanent rules are adopted establishing the
schedule of civil penalties required under IC 16-42-5-28, as
added by this act; or
(2) July 1, 2003.
SECTION 19. [EFFECTIVE UPON PASSAGE] A corporation or
local health department that, before January 1, 2001, adopted
sanitary standards for food handling or food establishments that
are different from the state rules concerning sanitary standards for
food handling or food establishments may continue to enforce those
locally prescribed sanitary standards until the later of:
(1) the date that the state department adopts rules to modify
or replace the state department's rules that were in effect on
January 1, 2001, concerning sanitary standards for food
handling or food establishments; or
(2) July 1, 2003.
SECTION 20. An emergency is declared for this act.