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).
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.
A BILL FOR AN ACT to amend the Indiana Code concerning
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
(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
(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.
from waiving the exemption and using a certified food handler.