January 19, 2005
HOUSE BILL No. 1056
DIGEST OF HB 1056
(Updated January 18, 2005 2:26 pm - DI 77)
Citations Affected: IC 16-42.
Synopsis: Food handler exemption. 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 that offer food for sale at an event held
for the benefit of the organization are not required to use certified food
Effective: January 1, 2005 (retroactive).
Duncan, Budak, Cherry
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
First Regular Session 114th General Assembly (2005)
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HOUSE BILL No. 1056
A BILL FOR AN ACT to amend the Indiana Code concerning
Be it enacted by the General Assembly of the State of Indiana:
SECTION 1. 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
(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)HB1056.2.2. -->
SECTION 2. 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) and that offers food for sale to the final
consumer at an event held for the benefit of the organization is
exempt from complying with the requirements of this chapter that
may be imposed upon the organization for that event if the
following conditions are met:
(1) Members of the organization prepare the food that will be
(2) Events conducted by the organization under this section
take place for not more than thirty (30) days in a calendar
(3) Except for food that is prepared on site, the name of each
member who has prepared a food item is attached to the
container in which the food item has been placed.
(b) This section does not prohibit an exempted organization
from waiving the exemption and using a certified food handler.
SOURCE: ; (05)HB1056.2.3. -->
SECTION 3. An emergency is declared for this act.