Introduced Version




Citations Affected: IC 16-42-5.2-3.5.

Synopsis: Food handler exemption. 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, Foley, Budak, Cherry

    January 4, 2005, read first time and referred to Committee on Public Health.


First Regular Session 114th General Assembly (2005)

PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana Constitution) is being amended, the text of the existing provision will appear in this style type, additions will appear in this style type, and deletions will appear in this style type.
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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:

SOURCE: IC 16-42-5.2-3.5; (05)IN1056.1.1. -->     SECTION 1. 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) The name of each member who has prepared a food item is attached to the container in which the food item has been

    (b) This section does not prohibit an exempted organization from waiving the exemption and using a certified food handler.

SOURCE: ; (05)IN1056.1.2. -->     SECTION 2. An emergency is declared for this act.