Reprinted
April 9, 2013
ENGROSSED
SENATE BILL No. 457
_____
DIGEST OF SB 457
(Updated April 8, 2013 4:36 pm - DI 77)
Citations Affected: IC 16-42; noncode.
Synopsis: Food establishment exemptions. Allows for rabbits to be
slaughtered and processed without inspection under certain conditions
and sold on the farm, at a farmer's market, or at a roadside stand.
Requires that rabbits exempt from inspection and sold on a farm, at a
farmer's market, or at a roadside stand be frozen at the point of sale.
Requires the state department of health to make recommendations to
the health finance commission to clarify certain laws governing
certified food handlers and food establishments exemptions.
Effective: July 1, 2013.
Banks
, Kruse, Waterman, Tomes
(HOUSE SPONSOR _ OBER)
January 10, 2013, read first time and referred to Committee on Agriculture and Natural
Resources.
February 19, 2013, amended, reported favorably _ Do Pass.
February 21, 2013, read second time, amended, ordered engrossed.
February 22, 2013, engrossed.
February 25, 2013, read third time, passed. Yeas 49, nays 1.
HOUSE ACTION
March 12, 2013, read first time and referred to Committee on Agriculture and Rural
Development.
April 4, 2013, reported _ Do Pass.
April 8, 2013, read second time, amended, ordered engrossed.
Reprinted
April 9, 2013
First Regular Session 118th General Assembly (2013)
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 2012 Regular Session of the General Assembly.
ENGROSSED
SENATE BILL No. 457
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; (13)ES0457.2.1. -->
SECTION 1. IC 16-42-5-29, AS AMENDED BY P.L.86-2012,
SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2013]: 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 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 IC 16-42-2-3; 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) The department shall adopt rules that:
(1) incorporate by reference 9 CFR 381.10(c) allowing poultry
products slaughtered and processed on a farm for the purpose of
conducting limited sales on the farm, at a farmer's market, and at
a roadside stand; and
(2) require that poultry processed under this section be frozen at
the point of sale and labeled in compliance with the requirements
of 9 CFR 381.10;
(3) allow rabbits to be slaughtered and processed on a farm
for the purpose of conducting limited sales on the farm, at a
farmer's market, and at a roadside stand; and
(4) require that rabbits processed under this section be frozen
at the point of sale.
SOURCE: ; (13)ES0457.2.2. -->
SECTION 2. [EFFECTIVE JULY 1, 2013]
(a) The state
department of health shall review applicable laws and rules
governing exceptions to the requirements for certified food
handlers and food establishments. Before October 31, 2013, the
state department of health shall present to the health finance
commission recommendations to clarify the existing laws and rules
regarding nonprofit entities that participate in and serve or sell
food at a fund raising event in situations where more than one (1)
nonprofit entity is involved. The recommendation must include
clarification concerning the limitations on the number of events
that a nonprofit entity may participate in annually.
(b) This SECTION expires December 31, 2013.