Reprinted

February 17, 2009





HOUSE BILL No. 1309

_____


DIGEST OF HB 1309 (Updated February 16, 2009 1:51 pm - DI 77)



Citations Affected: IC 16-18; IC 16-42.

Synopsis: Home based processors. Establishes a program to allow home based processors to prepare and sell certain food products. Establishes requirements for home based processors.

Effective: Upon passage.





Blanton , Brown T , Moseley , Welch




    January 13, 2009, read first time and referred to Committee on Public Health.
    February 10, 2009, reported _ Do Pass.
    February 16, 2009, read second time, amended, ordered engrossed.





Reprinted

February 17, 2009

First Regular Session 116th General Assembly (2009)


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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HOUSE BILL No. 1309



    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 16-18-2-1.6; (09)HB1309.2.1. -->     SECTION 1. IC 16-18-2-1.6 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 1.6. "Acid food", for purposes of IC 16-42-11.4, has the meaning set forth in IC 16-42-11.4-1.
SOURCE: IC 16-18-2-1.7; (09)HB1309.2.2. -->     SECTION 2. IC 16-18-2-1.7 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 1.7. "Acidified food product", for purposes of IC 16-42-11.4, has the meaning set forth in IC 16-42-11.4-2.
SOURCE: IC 16-18-2-138.7; (09)HB1309.2.3. -->     SECTION 3. IC 16-18-2-138.7 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 138.7. "Food products", for purposes of IC 16-42-11.4, has the meaning set forth in IC 16-42-11.4-3.
SOURCE: IC 16-18-2-139.7; (09)HB1309.2.4. -->     SECTION 4. IC 16-18-2-139.7 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 139.7. "Formulated acid food product", for purposes of IC 16-42-11.4, has the meaning set forth

in IC 16-42-11.4-4.

SOURCE: IC 16-18-2-172; (09)HB1309.2.5. -->     SECTION 5. IC 16-18-2-172 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 172. (a) "Home", for purposes of IC 16-33-4, has the meaning set forth in IC 16-33-4-3.
     (b) "Home", for purposes of IC 16-42-11.4, has the meaning set forth in IC 16-42-11.4-5.
SOURCE: IC 16-18-2-172.5; (09)HB1309.2.6. -->     SECTION 6. IC 16-18-2-172.5 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 172.5. "Home based processor", for purposes of IC 16-42-10 and IC 16-42-11.4, has the meaning set forth in IC 16-42-11.4-6.
SOURCE: IC 16-18-2-214.5; (09)HB1309.2.7. -->     SECTION 7. IC 16-18-2-214.5 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 214.5. "Low acid food", for purposes of IC 16-42-11.4, has the meaning set forth in IC 16-42-11.4-7
SOURCE: IC 16-42-10-0.5; (09)HB1309.2.8. -->     SECTION 8. IC 16-42-10-0.5 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 0.5. This chapter does not apply to a home based processor who complies with IC 16-42-11.4.
SOURCE: IC 16-42-11.4; (09)HB1309.2.9. -->     SECTION 9. IC 16-42-11.4 IS ADDED TO THE INDIANA CODE AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE UPON PASSAGE]:
     Chapter 11.4. Food: Manufacture and Sale by Home Based Processors
     Sec. 1. As used in this chapter, "acid food" means foods that have a natural pH of not more than 4.6.
    Sec. 2. As used in this chapter, "acidified food product" means a low acid food to which acid or acidic food is added and that has:
        (1) a water activity value of more than 0.85; and
        (2) a finished equilibrium pH of not more than 4.6.
    Sec. 3. As used in this chapter, "food products" means whole fruit and vegetables, mixed greens, jams, jellies, sweet sorghum syrup, maple syrup, honey, shelled nuts, candy, confectionaries, baked goods, preserves, fruit butter, bread, fruit pies, cakes, cookies, or other foods that are not potentially hazardous.
    Sec. 4. As used in this chapter, "formulated acid food product" means an acid food in which the addition of a small amount of low acid food results in a finished equilibrium pH of not more than 4.6 and that does not significantly differ from that of the predominant acid or acid food.
    Sec. 5. As used in this chapter, "home" means a primary

residence occupied by a home based processor.
    Sec. 6. As used in this chapter, "home based processor" means an individual who produces or processes food products in the individual's home.
    Sec. 7. As used in this chapter, "low acid food" means foods, other than alcoholic beverages, with:
        (1) a finished equilibrium pH greater than 4.6; and
        (2) a water activity value of more than 0.85.
    Sec. 8. The state health commissioner shall enforce this chapter and may adopt rules under IC 4-22-2 to administer and enforce this chapter.
    Sec. 9. (a) If a home based processor meets the conditions in subsection (b), the home based processor is exempt from the requirements under:
        (1) IC 16-42-1 through IC 16-42-4 concerning labeling requirements and misbranded food;
        (2) IC 16-42-5 (food service establishments); and
        (3) IC 16-42-5.2 (food handlers).
    (b) A home based processor must meet the following conditions to be exempt from the requirements under subsection (a):
        (1) All finished product containers must be clean, sanitary, and labeled according to the requirements under section 12(a) of this chapter.
        (2) All home processed foods produced under this exemption must be neither adulterated nor misbranded under section 12(b) of this chapter.
        (3) All glass containers for jams, jellies, preserves, fruit butter, and similar products are provided with suitable rigid metal covers.
    Sec. 10. The home of a home based processor may not contain more than:
        (1) two (2) ranges, ovens, or double ovens; and
        (2) three (3) refrigerators used for cold storage.
The equipment under this section must be designed for home use and not for commercial use, and must be operated in the kitchen within the residence.
    Sec. 11. A home based processor may not produce or process for sale acid foods, acidified food products, formulated acid food products, or canned low acid foods.
    Sec. 12. (a) A home based processor shall affix a label to all of its food products. The label must contain the following information:


        (1) The name and address of the home based processing operation.
        (2) The common or usual name of the food product.
        (3) The ingredients of the food product, in descending order of predominance by weight.
        (4) The net weight and volume of the food product by standard measure or numerical count.
        (5) The following statement in at least 10 point type: "This product is home produced and processed.".
        (6) The date the food product was processed.
    (b) Food products that are not labeled as required in subsection (a) are considered to be misbranded.
    Sec. 13. Food products that are:
        (1) produced and processed under this chapter; and
        (2) properly labeled under section 12(a) of this chapter;
may be offered for sale only at farmers markets, at roadside stands, or from the processor's home. The food products may be used in preparing and serving food.
    Sec. 14. Food products that are properly labeled under section 12(a) of this chapter are not required to be tested to determine whether the food product is an acid food, acidified food product, formulated acid food product, or low acid food.
    Sec. 15. The state department annually may inspect the processing facilities of a home based processor.
    Sec. 16. A home based processor is subject to food sampling and inspection if:
        (1) the state department determines that the home based processor's food product is:
            (A) misbranded under section 12(b) of this chapter; or
            (B) adulterated; or
        (2) a consumer complaint has been received.
    Sec. 17. If the state department has reason to believe that an imminent health hazard exists, the state department may order cessation of production and sale of the food product until the state department determines that the hazardous situation has been addressed.
    Sec. 18. For purposes of this chapter, the state health commissioner or the commissioner's authorized representatives may take samples for analysis and conduct examinations and investigations through any officers or employees under the state health commissioner's supervision. Those officers and employees may enter, at reasonable times, the facilities of a home based

processor and inspect any food products in those places and all pertinent equipment, materials, containers, and labeling.
    Sec. 19. A home based processor may not sell or offer for sale in Indiana for human consumption a food product unless the food product conforms to the requirements under this chapter.

SOURCE: ; (09)HB1309.2.10. -->     SECTION 10. An emergency is declared for this act.