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.
January 13, 2009, read first time and referred to Committee on Public Health.
A BILL FOR AN ACT to amend the Indiana Code concerning
health.
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.
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.
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.
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.