Reprinted

April 6, 2005





ENGROSSED

HOUSE BILL No. 1056

_____


DIGEST OF HB 1056 (Updated April 5, 2005 3:51 pm - DI 110)



Citations Affected: IC 16-42.

Synopsis: Food handler exemption. Changes the food requirements for a food establishment to be exempt from being required to have a certified food handler. Provides that a food establishment that is more than 10,000 square feet in retail sales space must have a certified food handler. Provides that the certified food handler requirements do not apply to food provided by an area agency on aging's nutrition service program or by a food pantry. Provides that certain nonprofit organizations are not required to use certified food handlers.

Effective: January 1, 2005 (retroactive).





Duncan, Budak, Cherry , Austin
(SENATE SPONSORS _ WEATHERWAX, JACKMAN, SIPES, ALTING, CRAYCRAFT, HEINOLD)




    January 4, 2005, read first time and referred to Committee on Public Health.
    January 11, 2005, amended, reported _ Do Pass.
    January 18, 2005, read second time, amended, ordered engrossed.
    January 19, 2005, engrossed.
    January 24, 2005, read third time, passed. Yeas 95, nays 0.

SENATE ACTION

    February 14, 2005, read first time and referred to Committee on Health and Provider Services.
    March 31, 2005, amended, reported favorably _ Do Pass.
    April 5, 2005, read second time, amended, ordered engrossed.





Reprinted

April 6, 2005

First Regular Session 114th General Assembly (2005)


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.
Additions: Whenever a new statutory provision is being enacted (or a new constitutional provision adopted), the text of the new provision will appear in this style type. Also, the word NEW will appear in that style type in the introductory clause of each SECTION that adds a new provision to the Indiana Code or the Indiana Constitution.
Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts between statutes enacted by the 2004 Regular Session of the General Assembly.


ENGROSSED

HOUSE BILL No. 1056



    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 16-42-5.2-2 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JANUARY 1, 2005 (RETROACTIVE)]: Sec. 2. (a) Except as provided in subsection (b), 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. foods.
        (2) Preparing or serving a continental breakfast such as rolls, coffee, juice, milk, and cold cereal.
        (3) Preparing or serving nonalcoholic or alcoholic beverages that are not potentially hazardous beverages or ice.
        (4) Grinding coffee beans.
        (5) Packaging (4) Preparing or serving packaged or unpackaged foods that are not potentially hazardous foods, in accordance with rules adopted by the executive board. including elephant ears, funnel cakes, cotton candy, confectionaries,

baked goods, popcorn, and chips and grinding coffee beans;
        (6) Heating when it is the only preparation step for a bakery product.
        (7) (5) Providing prepackaged food in its original package.
     (b) This subsection does not apply to a pharmacy that is a food establishment that provides only prepackaged food products for sale. A food establishment that has more than ten thousand (10,000) square feet in total retail sales space at the food establishment location must comply with this chapter.
    SECTION 2. IC 16-42-5.2-3 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JANUARY 1, 2005 (RETROACTIVE)]: 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 12-10-15.
        (4) Continuing care retirement communities required to file disclosure statements under IC 23-2-4.
        (5) Community mental health centers (as defined in IC 12-7-2-38).
        (6) Private mental health institutions licensed under IC 12-25.
         (7) An area agency on aging designated under IC 12-10-1 that provides food under a nutrition service program. However, the premises where the food is prepared is not exempt from the requirements under this chapter.
        (8) A food pantry that:
            (A) is operated or affiliated with a nonprofit organization that is exempt from federal income taxation under Section 501(c)(3) of the Internal Revenue Code; and
            (B) distributes food, which may include food from the United States Department of Agriculture, to needy persons.
        However, a food bank or other facility that distributes donated food to other organizations is not exempt from the requirements of this chapter.

SOURCE: IC 16-42-5.2-3.5; (05)EH1056.2.3. -->     SECTION 3. IC 16-42-5.2-3.5 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JANUARY 1, 2005 (RETROACTIVE)]: Sec. 3.5. (a) An organization that is exempt from the state gross retail tax under IC 6-2.5-5-21(b)(1)(B), IC 6-2.5-5-21(b)(1)(C), or IC 6-2.5-5-21(b)(1)(D) is exempt from complying with the requirements of this chapter.
    (b) This section does not prohibit an exempted organization

from waiving the exemption and using a certified food handler.

SOURCE: ; (05)EH1056.2.4. -->     SECTION 4. An emergency is declared for this act.