CHAPTER 5. FOOD: SANITARY REQUIREMENTS FOR FOOD ESTABLISHMENTS
IC 16-42-5
Chapter 5. Food: Sanitary Requirements for Food Establishments
IC 16-42-5-0.5
Local standards or penalties regarding food handling or foodestablishments precluded
Sec. 0.5. Except as provided in this chapter, a corporation or localhealth department may not impose any:
(1) sanitary standards on; or
(2) locally prescribed monetary penalties for the violation ofany state law or rule concerning;
food handling or food establishments.
As added by P.L.266-2001, SEC.9.
IC 16-42-5-0.7
Local standards regarding food handling machinery precluded
Sec. 0.7. (a) Except as provided in this chapter, a corporation orlocal health department may not impose any requirements orstandards on the installation of food handling machinery in a foodestablishment regulated by this chapter.
(b) The installation of food handling machinery includes allactivities associated with the machinery's installation, including thewiring, plumbing, air handling, and all other processes.
(c) This section does not limit the authority of the state firemarshal or other state agencies to regulate food establishments.
(d) This section does not limit the authority of a corporation orlocal health department to enforce requirements or standardsestablished by state law or the state department for the installation offood handling machinery.
As added by P.L.266-2001, SEC.10. Amended by P.L.1-2006,SEC.306.
IC 16-42-5-0.9
Petitions for changes in rules
Sec. 0.9. (a) A corporation or local health department may petitionthe state department requesting one (1) or more modifications orchanges in the state department's rules concerning:
(1) food handling machinery;
(2) sanitary standards for food handling or food establishments;or
(3) civil penalties authorized under IC 16-42-5-28.
(b) Following the receipt of a petition described in subsection (a),the state department shall hold a public hearing concerning thecorporation or local health department's requested modifications orchanges and shall determine in writing whether to adopt rules underIC 4-22-2 to modify or change the state department's rules.
As added by P.L.266-2001, SEC.11.
IC 16-42-5-1
Repealed (Repealed by P.L.266-2001, SEC.17.)
IC 16-42-5-2
Repealed
(Repealed by P.L.266-2001, SEC.17.)
IC 16-42-5-2.3
Food handling machinery defined
Sec. 2.3. As used in this chapter, "food handling machinery"means any of the following used for and in food handling:
(1) Equipment.
(2) Appliances.
(3) Tools.
(4) Plumbing and related fixtures.
(5) Refrigeration devices.
(6) Heating, ventilation, and cooling equipment.
(7) Any other piece of equipment used for and in food handling.
As added by P.L.266-2001, SEC.12.
IC 16-42-5-3
Repealed
(Repealed by P.L.266-2001, SEC.17.)
IC 16-42-5-4
Repealed
(Repealed by P.L.100-2007, SEC.2.)
IC 16-42-5-5
Rules
Sec. 5. The state department may adopt rules under IC 4-22-2 forthe efficient enforcement of this chapter and to establish minimumsanitary standards for the operation of all food establishments.
As added by P.L.2-1993, SEC.25.
IC 16-42-5-5.2
Variances from rules
Sec. 5.2. The state department may grant a variance from one (1)or more of the state rules concerning:
(1) food handling machinery; or
(2) sanitary standards for the operation of food establishments;
in accordance with IC 16-19-3-4.3.
As added by P.L.266-2001, SEC.13.
IC 16-42-5-6
Conditions of health and comfort
Sec. 6. A food establishment must meet the following conditions:
(1) Be adequately lighted, heated, drained, and ventilated.
(2) Be supplied with uncontaminated running water.
(3) Have adequate sanitary facilities.
As added by P.L.2-1993, SEC.25.
IC 16-42-5-7
Construction to facilitate cleanliness
Sec. 7. Each food establishment and the machinery used in eachfood establishment must be constructed so as to be easily andthoroughly cleaned.
As added by P.L.2-1993, SEC.25.
IC 16-42-5-8
Cleanliness and sanitation of premises and vehicles
Sec. 8. The floors, sidewalls, ceiling, furniture, receptacles,implements, and machinery of a food establishment and a vehicleused to transport food products must at all times be clean andsanitary.
As added by P.L.2-1993, SEC.25.
IC 16-42-5-9
Walls and ceilings; construction; washing
Sec. 9. (a) The sidewalls, woodwork, and ceiling of a foodestablishment must be made of an impervious material with a finishthat is washable.
(b) The sidewalls, woodwork, and ceiling must be kept washedclean with detergent and water.
As added by P.L.2-1993, SEC.25.
IC 16-42-5-10
Floors; construction; washing
Sec. 10. (a) The floor of a food establishment must be made ofnonabsorbent material that can be flushed with water.
(b) The floor of a food establishment must be kept washed cleanwith detergent and water.
As added by P.L.2-1993, SEC.25.
IC 16-42-5-11
Domestic animals; rodents; insects
Sec. 11. A food establishment must be protected by all reasonablemeans against the presence of and entrance of domestic animals,rodents, flies, and other insects.
As added by P.L.2-1993, SEC.25.
IC 16-42-5-12
Garbage removal
Sec. 12. Refuse, dirt, and waste products subject to decompositionand fermentation incident to food handling shall be removed dailyfrom food establishments.
As added by P.L.2-1993, SEC.25.
IC 16-42-5-13
Toilet room
Sec. 13. (a) A food establishment must have a convenient toiletroom separate and apart from and not opening directly into a room
that is used for food handling.
(b) The floor of the toilet room must be made of a nonabsorbentmaterial.
(c) The floor of the toilet room shall be washed and scoured daily.
(d) Each toilet fixture and each toilet room must be adequatelyventilated.
As added by P.L.2-1993, SEC.25.
IC 16-42-5-14
Washrooms
Sec. 14. (a) A food establishment must have a washroom adjacentto each toilet room.
(b) The washroom shall be supplied with adequate lavatories,soap, hot and cold running water, and clean individual towels.
(c) The washroom shall be kept clean by washing with detergentand water.
As added by P.L.2-1993, SEC.25.
IC 16-42-5-15
Food handling rooms; exclusive use
Sec. 15. A room that is used for food handling or that is equippedfor use for food handling may not be used for any other purpose.
As added by P.L.2-1993, SEC.25.
IC 16-42-5-16
Dressing rooms
Sec. 16. (a) Rooms separate and apart from rooms used for foodhandling must be provided for the changing and hanging of wearingapparel.
(b) The rooms for changing and hanging wearing apparel must bekept clean.
As added by P.L.2-1993, SEC.25.
IC 16-42-5-17
Expectorating
Sec. 17. A person may not expectorate in or on the machinery,equipment, floor, sidewalls, or other structure of a foodestablishment.
As added by P.L.2-1993, SEC.25.
IC 16-42-5-18
Sleeping in food handling rooms
Sec. 18. A person may not live or sleep in a room used for foodhandling or in a room opening directly into a food establishment.
As added by P.L.2-1993, SEC.25.
IC 16-42-5-19
Diseases; employees
Sec. 19. A person who has a communicable or infectious diseasemay not work in a food establishment in any capacity in which
epidemiological evidence indicates the person may spread thedisease.
As added by P.L.2-1993, SEC.25.
IC 16-42-5-20
Wearing apparel; employees
Sec. 20. A person shall wear clean outer garments while workingin a food establishment.
As added by P.L.2-1993, SEC.25.
IC 16-42-5-21
Washing; employees
Sec. 21. A person who works in a food establishment shall washthe person's hands and arms thoroughly with soap and clean waterbefore beginning work, before resuming work after a rest period, andbefore resuming work after visiting a toilet room.
As added by P.L.2-1993, SEC.25.
IC 16-42-5-22
Sitting or lying on food handling equipment
Sec. 22. A person may not sit or lie upon equipment used orinstalled for use in handling food.
As added by P.L.2-1993, SEC.25.
IC 16-42-5-23
Inspections
Sec. 23. The state department may do the following:
(1) Enter at any time a food establishment or place suspected ofbeing a food establishment.
(2) Inspect the premises, utensils, fixtures, equipment, furniture,and machinery used in food handling.
As added by P.L.2-1993, SEC.25.
IC 16-42-5-24
Local health officers
Sec. 24. (a) For the purpose of enforcing IC 16-41-20,IC 16-41-21, IC 16-41-23, IC 16-41-24, IC 16-41-34, or IC 16-42-5,the local health officers are food environmental health specialistssubordinate to the state department.
(b) The state department shall provide to the local health officerswho are food environmental health specialists guidelines concerningthe interpretation of the state department's rules concerning foodhandling and food establishments so that enforcement of the statelaws and rules is uniform throughout the state.
As added by P.L.2-1993, SEC.25. Amended by P.L.137-1996,SEC.72; P.L.144-1996, SEC.13; P.L.266-2001, SEC.14;P.L.104-2003, SEC.7.
IC 16-42-5-25
Prosecution of violators; orders to abate condition or violation Sec. 25. If, upon inspection of a food establishment, a local healthofficer or food environmental health specialist finds an employer,operator, or other employee to be violating IC 16-41-20, IC 16-41-21,IC 16-41-23, IC 16-41-24, IC 16-41-34, or this chapter, the localhealth officer or food environmental health specialist shall do at leastone (1) of the following:
(1) Furnish evidence of the violation to the prosecuting attorneyof the county or circuit in which the violation occurs. Theprosecuting attorney shall prosecute all persons violatingIC 16-41-20, IC 16-41-21, IC 16-41-23, IC 16-41-24,IC 16-41-34, or this chapter, or rules adopted under thoseprovisions.
(2) Report the condition and violation to the state healthcommissioner or the commissioner's legally authorized agent.The state health commissioner may issue an order to the personin authority at the offending establishment to abate thecondition or violation within five (5) days or within anotherreasonable time required to abate the condition or violation. Theproceedings to abate must be in accordance with IC 4-21.5.
As added by P.L.2-1993, SEC.25. Amended by P.L.137-1996,SEC.73; P.L.144-1996, SEC.14; P.L.104-2003, SEC.8; P.L.1-2009,SEC.118.
IC 16-42-5-26
Noncompliance with order or requirement; offenses
Sec. 26. (a) A person who refuses to comply with a lawful orderor requirement of the state health commissioner made in writing asprovided in this chapter commits a Class B misdemeanor.
(b) Each day after the expiration of the time limit for abatingunsanitary conditions and completing improvements to abate theconditions as ordered by the state health commissioner constitutes aseparate offense.
As added by P.L.2-1993, SEC.25.
IC 16-42-5-27
Violations of chapter; offenses
Sec. 27. (a) Except as otherwise provided, a person whorecklessly violates or fails to comply with this chapter commits aClass B misdemeanor.
(b) Each day a violation continues constitutes a separate offense.
As added by P.L.2-1993, SEC.25.
IC 16-42-5-28
Civil penalties
Sec. 28. (a) The state department shall adopt rules under IC 4-22-2establishing a schedule of civil penalties that may be imposed by thestate department to enforce either of the following:
(1) This chapter.
(2) Rules adopted to implement this chapter.
(b) A penalty included in the schedule of civil penalties
established under this section may not exceed one thousand dollars($1,000) for each violation per day.
(c) The civil penalties collected under this section shall bedeposited in the state general fund.
(d) The state department may issue an order of compliance orimpose a civil penalty included in the schedule of civil penaltiesestablished under this section, or both, against a person who does anyof the following:
(1) Fails to comply with this chapter or a rule adopted toimplement this chapter.
(2) Interferes with or obstructs the state department or the statedepartment's designated agent in the performance of dutiesunder this chapter.
(e) The state department may issue an order of compliance againsta person described in subsection (d) under IC 4-21.5-3-6,IC 4-21.5-3-8, or IC 4-21.5-4. The state department may impose acivil penalty against a person described in subsection (d) only in aproceeding under IC 4-21.5-3-8.
(f) A proceeding commenced to impose a civil penalty under theschedule of civil penalties established under this section may beconsolidated with any other proceeding commenced to enforce eitherof the following:
(1) This chapter.
(2) A rule adopted by the state department to implement thischapter.
(g) A corporation or a local health department:
(1) may bring an administrative action to enforce this chapter,rules adopted to implement this chapter, or the schedule of civilpenalties established by the state department under this section;
(2) may use tickets or citations to enforce this chapter, rulesadopted under this chapter, or the schedule of civil penaltiesestablished by the state department under this section; and
(3) shall deposit in the general fund of the corporation or thelocal health department the civil penalties collected under thissection.
(h) For each violation of the state law or rules concerning foodhandling or food establishments, the state or either:
(1) a corporation; or
(2) a local health department;
may bring an enforcement action against a food establishment.
As added by P.L.266-2001, SEC.15. Amended by P.L.97-2004,SEC.70.
IC 16-42-5-29
Exemption from food establishment requirements; standards forfarmer's markets and roadside stands; samples; health hazards
Sec. 29. (a) This section applies to an individual vendor of afarmer's market or roadside stand.
(b) An individual vendor of a farmer's market or roadside stand isnot considered to be a food establishment and is exempt from the
requirements of this title that apply to food establishments if theindividual vendor's food product:
(1) is made by an individual in the individual's primaryresidence;
(2) is not a potentially hazardous food product;
(3) is prepared by an individual who practices proper sanitaryprocedures, including:
(A) proper hand washing;
(B) sanitation of the container or other packaging in whichthe 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 foodproduct.
(B) The common or usual name of the food product.
(C) The ingredients of the food product, in descending orderby predominance by weight.
(D) The net weight and volume of the food product bystandard measure or numerical count.
(E) The date on which the food product was processed.
(F) The following statement in at least 10 point type: "Thisproduct is home produced and processed and the productionarea has not been inspected by the state department ofhealth.".
(c) An individual vendor who meets the requirements insubsection (b) is subject to food sampling and inspection if:
(1) the state department determines that the individual vendor'sfood product is:
(A) misbranded under section 12(b) of this chapter; or
(B) adulterated; or
(2) a consumer complaint has been received by the statedepartment.
(d) If the state department has reason to believe that an imminenthealth hazard exists with respect to an individual vendor's foodproduct, the state department may order cessation of production andsale of the food product until the state department determines that thehazardous situation has been addressed.
(e) For purposes of this section, the state health commissioner orthe commissioner's authorized representatives may take samples foranalysis and conduct examinations and investigations through anyofficers or employees under the state health commissioner'ssupervision. Those officers and employees may enter, at reasonabletimes, the facilities of an individual vendor and inspect any foodproducts in those places and all pertinent equipment, materials,containers, and labeling.
(f) The state health commissioner may develop guidelines for anindividual vendor who seeks an exemption from regulation as a foodestablishment as described in subsection (b). The guidelines mayinclude: (1) standards for best safe food handling practices;
(2) disease control measures; and
(3) standards for potable water sources.
As added by P.L.86-2009, SEC.3.