IC 16-42-10
    Chapter 10. Food: Manufacture and Sale of Flour, White Bread,and Rolls

IC 16-42-10-1
"Enriched" defined
    Sec. 1. As used in this chapter, "enriched" as applied to flour,means the addition to flour of the vitamins and other nutritionalingredients necessary to make the flour conform to the definition andstandard of identity of enriched flour, enriched bromated flour, orenriched self-rising flour, as established or modified by order of thestate department.
As added by P.L.2-1993, SEC.25.

IC 16-42-10-2
"Flour" defined
    Sec. 2. (a) As used in this chapter, "flour" means the followingfoods as defined in the definitions and standards of identity adoptedby the state department:
        (1) Flour, white flour, wheat flour, plain flour.
        (2) Bromated flour.
        (3) Self-rising flour, self-rising white flour, self-rising wheatflour.
        (4) Phosphated flour, phosphated white flour, and phosphatedwheat flour.
    (b) The term does not include special flours not used for bread,roll, bun, or biscuit baking, such as specialty cake, pancake, andpastry flours.
As added by P.L.2-1993, SEC.25.

IC 16-42-10-3
"Person" defined
    Sec. 3. As used in this chapter, "person" means an individual, acorporation, a partnership, a limited liability company, anassociation, a joint stock company, a trust, or an unincorporatedorganization to the extent the person is engaged in the commercialmanufacture or sale of flour, white bread, or rolls.
As added by P.L.2-1993, SEC.25. Amended by P.L.8-1993, SEC.253.

IC 16-42-10-4
"Rolls" defined
    Sec. 4. (a) As used in this chapter, "rolls" includes the following:
        (1) Plain white rolls and buns of the semibread dough type, suchas soft rolls, hamburger, hot dog, and Parker House.
        (2) Hard rolls, such as Vienna and Kaiser.
        (3) All rolls or buns made without fillings or icing.
    (b) The term does not include yeast-raised sweet rolls or sweetbuns, cinnamon rolls or buns, butterfly rolls,and other items of thesame class.
As added by P.L.2-1993, SEC.25.
IC 16-42-10-5
"White bread" defined
    Sec. 5. As used in this chapter, "white bread" means any bread,whether baked in a pan or on a hearth or screen, that is commonlyknown or usually represented and sold as white bread, includingVienna bread, French bread, and Italian bread.
As added by P.L.2-1993, SEC.25.

IC 16-42-10-6
Enforcement; rules and orders
    Sec. 6. The state health commissioner shall enforce the provisionsof this chapter and shall adopt, amend, or rescind rules and orders forthe efficient enforcement of this chapter.
As added by P.L.2-1993, SEC.25.

IC 16-42-10-7
Enriched flour; exceptions; certificate of intent
    Sec. 7. (a) This section does not apply to flour sold to bakers orother commercial secondary processors if, before or simultaneouslywith delivery, the purchaser furnishes to the seller a certificate ofintent in the form the state health commissioner prescribes by rulecertifying that the flour may be used only in the manufacture, mixing,or compounding of flour or white bread or rolls enriched to meet therequirements of this chapter or of products other than flour or whitebread or rolls.
    (b) A person may only manufacture, mix, compound, sell, or offerfor sale in Indiana for human consumption in Indiana flour that isenriched.
    (c) A purchaser described in subsection (a) who furnishes acertificate of intent may not use the flour so purchased in a mannerother than as stated in the certificate.
As added by P.L.2-1993, SEC.25.

IC 16-42-10-8
White bread or rolls; standards
    Sec. 8. (a) Except as provided in subsection (b), a person may notmanufacture, bake, sell, or offer for sale in Indiana for humanconsumption white bread or rolls unless the white bread or rollsconform to the definition and standard of identity then in effect forenriched bread and enriched rolls or enriched buns, as established byorder of the state department under the pure food statutes or rules ofIndiana.
    (b) If no order of a federal agency or officer fixing andestablishing a definition and standard of identity for enriched breadand enriched rolls or enriched buns is in effect, a person may notmanufacture, bake, sell, or offer for sale in Indiana for humanconsumption any white bread or rolls unless the white bread or rollsconform to the proposed definition and standard of identity forenriched bread and enriched rolls or enriched buns under the purefood statutes or rules of Indiana.As added by P.L.2-1993, SEC.25.

IC 16-42-10-9
Labeling requirements; interstate commerce
    Sec. 9. (a) This section does not apply to white bread or rolls thatbear no labeling of any kind and that are sold directly to theconsumer by the manufacturer.
    (b) A person may not sell or offer for sale in Indiana for humanconsumption in Indiana any flour, wrapped white bread, or rollsmeeting the requirements of sections 7 and 8 of this chapter that failto conform to the labeling requirements of the state department andthe rules adopted by the state department concerning those productswhen introduced in interstate commerce.
As added by P.L.2-1993, SEC.25.

IC 16-42-10-10
Shortages of ingredients; exempting orders; hearings; rescindingorders
    Sec. 10. (a) If the state health commissioner finds that:
        (1) there is an existing or imminent shortage of any ingredientrequired by section 7 or 8 of this chapter; and
        (2) because of the existing or imminent shortage the sale anddistribution of flour or white bread or rolls may be impeded bythe enforcement of this chapter;
the state health commissioner shall issue an order, effectiveimmediately upon issuance, permitting the omission of thatingredient from flour or white bread or rolls, and if the state healthcommissioner finds it necessary or appropriate, excepting thosefoods from the labeling requirements of this chapter until furtherorder of the state health commissioner.
    (b) Findings of the state health commissioner under subsection (a)may be made without a hearing on the basis of an order or of factualinformation supplied by the appropriate officer. In the absence of anorder of the appropriate federal agency or factual informationsupplied by the federal agency, the state health commissioner:
        (1) may, upon the commissioner's own motion; or
        (2) shall, within twenty (20) days after receiving the swornstatements of at least ten (10) persons subject to this chapterthat a shortage exists or is imminent;
hold a public hearing on that topic at which any interested personmay present evidence. At the conclusion of the hearing, the statehealth commissioner shall make findings based upon the evidencepresented.
    (c) The state health commissioner shall publish notice of a hearingunder subsection (b) at least ten (10) days before the hearing.
    (d) Whenever the state health commissioner has reason to believethat a shortage no longer exists, the state health commissioner shallhold a public hearing, after giving at least ten (10) days notice atwhich any interested person may present evidence. At the conclusionof the hearing, the state health commissioner shall make findings

based upon the evidence presented at the hearing.
    (e) If the state health commissioner finds that a shortage no longerexists, the state health commissioner shall issue an order revoking theprevious order. An order revoking the previous order becomeseffective not less than thirty (30) days after publication of therevocation order. However, undisposed flour stocks on hand at theeffective date of the revocation order or flour manufactured beforethe effective date of the revocation order for sale in Indiana maysubsequently be lawfully sold or disposed of.
As added by P.L.2-1993, SEC.25.

IC 16-42-10-11
Publication of orders, rules, or notices
    Sec. 11. (a) All orders and rules adopted by the state healthcommissioner under this chapter shall be published in the mannerprescribed in this chapter and, within the limits specified by thischapter, take effect on the date the state health commissionerdetermines.
    (b) Whenever publication of any notice, order, or rule is requiredunder this chapter, publication must be made at least one (1) time inat least one (1) daily newspaper of general circulation printed andpublished in Indiana.
As added by P.L.2-1993, SEC.25.

IC 16-42-10-12
Examinations, investigations, and inspections
    Sec. 12. For the purposes of this chapter, the state healthcommissioner or the commissioner's authorized representatives maytake samples for analysis and conduct examinations andinvestigations through any officers or employees under the statehealth commissioner's supervision. Those officers and employeesmay enter, at reasonable times:
        (1) a factory, mill, warehouse, shop, or establishment whereflour, white bread, or rolls are manufactured, processed, packed,sold, or held; or
        (2) a vehicle being used for the transportation of those items;
and may inspect those places and any flour, white bread, or rolls inthose places and all pertinent equipment, materials, containers, andlabeling.
As added by P.L.2-1993, SEC.25.

IC 16-42-10-13
Violations
    Sec. 13. A person who recklessly violates this chapter commits aClass B misdemeanor.
As added by P.L.2-1993, SEC.25.