January 19, 2005



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 handlers.

Effective: January 1, 2005 (retroactive).

Duncan, Budak, Cherry , Austin

    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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    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 16-42-5.2-3 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)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 sold.
        (2) Events conducted by the organization under this section take place for not more than thirty (30) days in a calendar year.
        (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.