Introduced Version






SENATE BILL No. 439

_____


DIGEST OF INTRODUCED BILL



Citations Affected: IC 16-18-2; IC 16-42.

Synopsis: Home based processors and microprocessors. Establishes a program to allow home based processors and microprocessors to prepare and sell certain food products. Establishes requirements for home based processors and microprocessors. Establishes certification requirements for home based microprocessors. Requires the Purdue University cooperative extension service to provide training programs for home based microprocessors.

Effective: July 1, 2009.





Young R




    January 14, 2009, read first time and referred to Committee on Agriculture and Small Business.







Introduced

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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SENATE BILL No. 439



    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)IN0439.1.1. -->     SECTION 1. IC 16-18-2-1.6 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2009]: 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)IN0439.1.2. -->     SECTION 2. IC 16-18-2-1.7 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2009]: 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 16-18-2-51.3; (09)IN0439.1.3. -->     SECTION 3. IC 16-18-2-51.3 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2009]: Sec. 51.3. "Certified", for purposes of IC 16-42-11.4, has the meaning set forth in IC 16-42-11.4-3.
SOURCE: IC 16-18-2-123.1; (09)IN0439.1.4. -->     SECTION 4. IC 16-18-2-123.1 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2009]: Sec. 123.1. "Farmer", for purposes of IC 16-42-11.4, has the meaning set forth in IC 16-42-11.4-4.
SOURCE: IC 16-18-2-138.7; (09)IN0439.1.5. -->     SECTION 5. IC 16-18-2-138.7 IS ADDED TO THE INDIANA

CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2009]: Sec. 138.7. "Food products", for purposes of IC 16-42-11.4, has the meaning set forth in IC 16-42-11.4-5.

SOURCE: IC 16-18-2-139.7; (09)IN0439.1.6. -->     SECTION 6. IC 16-18-2-139.7 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2009]: Sec. 139.7. "Formulated acid food product", for purposes of IC 16-42-11.4, has the meaning set forth in IC 16-42-11.4-6.
SOURCE: IC 16-18-2-172; (09)IN0439.1.7. -->     SECTION 7. IC 16-18-2-172 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2009]: 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 16-42-11.4-7.
SOURCE: IC 16-18-2-172.4; (09)IN0439.1.8. -->     SECTION 8. IC 16-18-2-172.4 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2009]: Sec. 172.4. "Home based microprocessor", for purposes of IC 16-42-10 and IC 16-42-11.4, has the meaning set forth in IC 16-42-11.4-8.
SOURCE: IC 16-18-2-172.5; (09)IN0439.1.9. -->     SECTION 9. IC 16-18-2-172.5 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2009]: 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 16-42-11.4-9.
SOURCE: IC 16-18-2-214.5; (09)IN0439.1.10. -->     SECTION 10. IC 16-18-2-214.5 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2009]: Sec. 214.5. "Low acid food", for purposes of IC 16-42-11.4, has the meaning set forth in IC 16-42-11.4-10.
SOURCE: IC 16-42-10-0.5; (09)IN0439.1.11. -->     SECTION 11. IC 16-42-10-0.5 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2009]: Sec. 0.5. This chapter does not apply to a home based processor or a home based microprocessor who complies with IC 16-42-11.4.
SOURCE: IC 16-42-11.4; (09)IN0439.1.12. -->     SECTION 12. IC 16-42-11.4 IS ADDED TO THE INDIANA CODE AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2009]:
     Chapter 11.4. Food: Manufacture and Sale by Home Based Processors and Microprocessors
     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, "certified" refers to a home based microprocessor or individual who:
        (1) has attended and satisfactorily completed:
            (A) the Purdue University cooperative extension service's microprocessing program; or
            (B) a school microprocessing program approved under 21 CFR 114.10; and
        (2) meets the certification requirements under this chapter.
    Sec. 4. As used in this chapter, "farmer" means an individual who is a resident of Indiana and who:
        (1) owns or rents agricultural land that has been assessed as agricultural land for property tax; or
        (2) has grown the primary horticultural and agronomic ingredients used in the home based processed food products that the individual has produced.
    Sec. 5. As used in this chapter, "food products" means whole fruit and vegetables, mixed greens, jams, jellies, sweet sorghum syrup, preserves, fruit butter, bread, fruit pies, cakes, or cookies.
    Sec. 6. 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. 7. As used in this chapter, "home" means a primary residence occupied by a home based processor or a home based microprocessor.
    Sec. 8. As used in this chapter, "home based microprocessor" means a farmer who:
        (1) in the farmer's home produces or processes:
            (A) acid foods;
            (B) formulated acid food products;
            (C) acidified food products; or
            (D) low acid canned foods; and
        (2) has a net income of not more than thirty-five thousand dollars ($35,000) annually from the sale of the produced and processed food products.
    Sec. 9. As used in this chapter, "home based processor" means a farmer who produces or processes food products in the farmer's home.


    Sec. 10. 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. 11. The state health commissioner shall enforce this chapter and may adopt rules under IC 4-22-2 to administer and enforce this chapter.
    Sec. 12. (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 15(a) of this chapter.
        (2) All home processed foods produced under this exemption must be neither adulterated nor misbranded under section 15(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. 13. 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. 14. A home based processor may not produce or process for sale acid foods, acidified food products, formulated acid food products, or low acid canned foods.
    Sec. 15. (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. 16. Food products that are:
        (1) produced and processed under this chapter; and
        (2) properly labeled under section 15(a) of this chapter;
may be offered for sale only at farmers markets, at roadside stands, or on the processor's farm. The food products may be used in preparing and serving food.
    Sec. 17. Food products that are properly labeled under section 15(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. 18. The state department annually may inspect the processing facilities of a home based processor.
    Sec. 19. 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 15(b) of this chapter; or
            (B) adulterated; or
        (2) a consumer complaint has been received.
    Sec. 20. 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. 21. The state department shall adopt rules under IC 4-22-2 to accommodate the specific circumstances of certified home based microprocessors. In order to protect public health while encouraging the marketing of home processed foods, the rules must include standards for the following:
        (1) Installation, design, location, and maintenance of toilet rooms.
        (2) Installation and maintenance of hand washing facilities.
        (3) Manual and mechanical cleaning and sanitizing processes.
        (4) Installation and location of equipment.


        (5) Construction and covering of floors.
        (6) Construction, materials, and maintenance of walls and ceilings.
    Sec. 22. Food products that are produced or processed by a certified home based microprocessor and in compliance with rules adopted under this chapter may be offered for sale only at farmers markets, at roadside stands, or on the processor's farm. The food products may be used in preparing and serving food.
    Sec. 23. (a) The Purdue University cooperative extension service shall develop, implement, and administer a program to train home based microprocessors or the personnel of a home based microprocessor in compliance with 21 CFR 114.10.
    (b) The state department shall evaluate and certify home based microprocessors or the personnel of home based microprocessors who have completed the Purdue University cooperative extension service's microprocessing program or a microprocessing program approved under 21 CFR 114.10. The state department shall issue a certificate to a home based microprocessor or to the personnel of a home based microprocessor who is certified under this chapter.
    Sec. 24. Before January 1, 2010, the state department shall adopt rules concerning home based microprocessors and the personnel of home based microprocessors to:
        (1) establish certification terms, conditions, and length of time the certification is valid;
        (2) establish terms, conditions, and standards for recertification; and
        (3) establish fees for certification and recertification.
    Sec. 25. Before January 1, 2010, the state department and the Purdue University cooperative extension service shall adopt joint rules concerning the microprocessing program and certification requirements, including rules to:
        (1) develop a certification examination for home based microprocessors and the personnel of home based microprocessors;
        (2) establish examination subject matter;
        (3) establish criteria for program completion; and
        (4) establish fees for the microprocessing program.
    Sec. 26. Upon satisfactory completion of the microprocessing program, a home based microprocessor and the personnel of a home based microprocessor are considered to be certified and to have met the training requirements provided in 21 CFR 114.10.
    Sec. 27. (a) Before January 1, 2010, the Purdue University

cooperative extension service shall establish and administer a microprocessing program to train and instruct:
        (1) home based microprocessors; and
        (2) personnel of home based microprocessors;
in food handling techniques, food protection principles, personal hygiene, processing sanitation practices, pH controls, and critical factors in acidification.
    (b) The Purdue University cooperative extension service shall offer at least four (4) program workshops annually to home based microprocessors and personnel of home based microprocessors, which must be held in separate and distinct geographical locations within Indiana.
    Sec. 28. 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:
        (1) a home based processor; or
        (2) a home based microprocessor;
and inspect any food products in those places and all pertinent equipment, materials, containers, and labeling.
    Sec. 29. A:
        (1) home based processor; or
        (2) home based microprocessor;
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.