First Regular Session 114th General Assembly (2005)
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HOUSE ENROLLED ACT No. 1056
AN ACT to amend the Indiana Code concerning health.
Be it enacted by the General Assembly of the State of Indiana:
SOURCE: IC 16-42-5.2-2; (05)HE1056.1.1. -->
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.
SOURCE: IC 16-42-5.2-3; (05)HE1056.1.2. -->
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)HE1056.1.3. -->
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)HE1056.1.4. -->
SECTION 4.
An emergency is declared for this act.
HEA 1056 _ Concur
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