January 31, 2012
HOUSE BILL No. 1312
DIGEST OF HB 1312
(Updated January 30, 2012 10:43 am - DI 77)
Citations Affected: IC 16-42; noncode.
Synopsis: Sale of poultry at farmer's markets. Provides that an
individual vendor of a farmer's market or roadside stand is not
considered to be a food establishment if the individual vendor's food
product is made, grown, or raised by an individual at the individual's
primary residence, property owned by the individual, or property leased
by the individual. (Current law requires the food product to be made in
the vendor's primary residence.) Requires the department of health to
adopt rules that allow limited sales of home processed, uninspected
poultry at farmer's markets and roadside stands. Requires the legislative
council to establish an interim study committee to study obstacles to
local food production, processing, and distribution.
Effective: May 31, 2012; July 1, 2012.
January 11, 2012, read first time and referred to Committee on Agriculture and Rural
January 23, 2012, reported _ Do Pass.
January 30, 2012, read second time, amended, ordered engrossed.
January 31, 2012
Second Regular Session 117th General Assembly (2012)
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HOUSE BILL No. 1312
A BILL FOR AN ACT to amend the Indiana Code concerning
Be it enacted by the General Assembly of the State of Indiana:
SOURCE: IC 16-42-5-29; (12)HB1312.2.1. -->
SECTION 1. IC 16-42-5-29, AS ADDED BY P.L.86-2009,
SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
MAY 31, 2012]: Sec. 29. (a) This section applies to an individual
vendor of a farmer's market or roadside stand.
(b) An individual vendor of a farmer's market or roadside stand is
not considered to be a food establishment and is exempt from the
requirements of this title that apply to food establishments if the
individual vendor's food product:
(1) is made, grown, or raised
by an individual
individual's primary residence, property owned by the
individual, or property leased by the individual;
(2) is not a potentially hazardous food product;
(3) is prepared by an individual who practices proper sanitary
(A) proper hand washing;
(B) sanitation of the container or other packaging in which the
food product is contained; and
(C) safe storage of the food product;
(4) is not resold; and
(5) includes a label that contains the following information:
(A) The name and address of the producer of the food product.
(B) The common or usual name of the food product.
(C) The ingredients of the food product, in descending order
by predominance by weight.
(D) The net weight and volume of the food product by
standard measure or numerical count.
(E) The date on which the food product was processed.
(F) The following statement in at least 10 point type: "This
product is home produced and processed and the production
area has not been inspected by the state department of health.".
(c) An individual vendor who meets the requirements in subsection
(b) is subject to food sampling and inspection if:
(1) the state department determines that the individual vendor's
food product is:
(A) misbranded under section 12(b) of this chapter; or
(B) adulterated; or
(2) a consumer complaint has been received by the state
(d) If the state department has reason to believe that an imminent
health hazard exists with respect to an individual vendor's food
product, 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.
(e) For purposes of this section, 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 an individual vendor and inspect any food
products in those places and all pertinent equipment, materials,
containers, and labeling.
(f) The state health commissioner may develop guidelines for an
individual vendor who seeks an exemption from regulation as a food
establishment as described in subsection (b). The guidelines may
(1) standards for best safe food handling practices;
(2) disease control measures; and
(3) standards for potable water sources.
(g) The department shall adopt rules that allow limited sales of
home processed, uninspected poultry products at farmer's markets
and roadside stands. The rules must comply with the requirements
of the federal Poultry Products Inspection Act (21 U.S.C. 451 et
SOURCE: ; (12)HB1312.2.2. -->
SECTION 2. [EFFECTIVE JULY 1, 2012] (a) The legislative
council shall establish an interim study committee to:
(1) study obstacles to local food production, processing, and
distribution in Indiana; and
(2) make recommendations for action that will encourage
farmers and residents to produce, process, and distribute
locally grown food.
(b) The interim study committee described in subsection (a)
shall submit a final report to the legislative council before
November 1, 2012. The report must include the interim study
committee's findings and recommendations, including any
recommended legislation concerning the issue of local food
production, processing, and distribution. The interim committee
shall operate under the policies and procedures of the legislative
(c) This SECTION expires January 1, 2013.
SOURCE: ; (12)HB1312.2.3. -->
SECTION 3. An emergency is declared for this act.