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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