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Indiana General Assembly
Senate Bill 0404


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Senate Bill 0404

ARCHIVE (2001)

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DIGEST OF SB 404 (Updated April 29, 2001 10:28 PM - DI 44)

Food handling and food establishments. Requires that, after December 31, 2004, every food establishment must have at least one certified food handler. Exempts certain food handling activities and certain institutions from the requirement to have a certified food handler. Requires a certified food handler to hold a certificate recognized by the Conference for Food Protection or an equivalent nationally recognized certification program as determined by the state department of health. Preempts local health departments from: (1) regulating food handlers; (2) imposing any sanitary standard or locally prescribed monetary penalties for the violation of any state law or rule concerning food handling or food establishments; and (3) establishing any requirements or standards for the installation of food handling machinery in a food establishment. Authorizes a corporation or local health department to file a petition with the state department requesting changes to the rules concerning food handling machinery, sanitary standards for food handling or food establishments, or civil penalties authorized under IC 16-42-5-28, and requires the state department to hold a public hearing concerning the petition. Authorizes the state department, for good cause, to grant a variance from one or more of the state rules concerning food handling machinery or sanitary standards for the operation of food establishments. Requires the state department to establish civil penalties for violations of food establishment rules. Provides local enforcement authority for the schedule of civil penalties established by the state department and requires that the amounts collected be deposited in the corporation's or local health department's general fund. Provides that either the state department or a local health department, but not both, may collect a civil penalty from a food establishment for a violation of a state law or rule. Permits a corporation or local health department that, before January 1, 2001, adopted: (1) sanitary standards concerning food handling or food establishments that are different from the state rules; or (2) monetary penalties for the violation of any state or local law or rule concerning food handling or food establishments; to continue to enforce those locally prescribed sanitary standards or monetary penalties until: (a) the state department adopts permanent rules in those areas; or (b) July 1, 2003.
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