January 11, 2012, read first time and referred to Committee on Agriculture and Rural
Development.
Introduced
Second Regular Session 117th General Assembly (2012)
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.
Additions: Whenever a new statutory provision is being enacted (or a new constitutional
provision adopted), the text of the new provision will appear in
this style type. Also, the
word
NEW will appear in that style type in the introductory clause of each SECTION that adds
a new provision to the Indiana Code or the Indiana Constitution.
Conflict reconciliation: Text in a statute in
this style type or
this style type reconciles conflicts
between statutes enacted by the 2011 Regular Session of the General Assembly.
HOUSE BILL No. 1312
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 16-42-5-29; (12)IN1312.1.1. -->
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
in at the
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
procedures, including:
(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
department.
(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
include:
(1) standards for best safe food handling practices;
(2) disease control measures; and
(3) standards for potable water sources.
(g) For purposes of subsection (b)(2), poultry is not a potentially
hazardous food product if the individual vendor of a farmer's
market or roadside stand:
(1) complies with the requirements under this section;
(2) does not slaughter poultry that is dying, disabled, or
diseased;
(3) does not distribute poultry that has died before slaughter;
(4) processes the poultry safely either at:
(A) the individual's residence, property owned by the
individual, or property leased by the individual; or
(B) an approved slaughtering establishment (as defined by
IC 15-17-2-6);
(5) maintains proper temperature control of the poultry; and
(6) is exempt under IC 15-17-5-11(a) from antemortem
inspection and postmortem inspection and other requirements
under IC 15-17-5.