CHAPTER 5.2. FOOD HANDLERS
IC 16-42-5.2
Chapter 5.2. Food Handlers
IC 16-42-5.2-1
Local regulation precluded
Sec. 1. Except as provided in this chapter, a corporation or localhealth department may not impose any registration, certification, orlicensing requirements on food handling or food handlers.
As added by P.L.266-2001, SEC.16.
IC 16-42-5.2-2
Exempt food establishments
Sec. 2. (a) Except as provided in subsection (b), this chapter doesnot apply to a food establishment when the food establishment's foodhandling activities are limited solely to one (1) or more of thefollowing:
(1) Heating or serving precooked foods.
(2) Preparing or serving a continental breakfast such as rolls,coffee, juice, milk, and cold cereal.
(3) Preparing or serving nonalcoholic or alcoholic beveragesthat are not potentially hazardous beverages or ice.
(4) Preparing or serving packaged or unpackaged foods that arenot potentially hazardous foods, including elephant ears, funnelcakes, cotton candy, confectionaries, baked goods, popcorn, andchips and grinding coffee beans.
(5) Providing prepackaged food in its original package.
(b) This subsection does not apply to a pharmacy that is a foodestablishment that provides only prepackaged food products for sale.A food establishment that has more than ten thousand (10,000)square feet in total retail sales space at the food establishmentlocation must comply with this chapter.
As added by P.L.266-2001, SEC.16. Amended by P.L.139-2005,SEC.1.
IC 16-42-5.2-3
Exempt entities
Sec. 3. This chapter does not apply to the following:
(1) Hospitals licensed under IC 16-21.
(2) Health facilities licensed under IC 16-28.
(3) Housing with services establishments that are required tofile disclosure statements under IC 12-10-15.
(4) Continuing care retirement communities required to filedisclosure statements under IC 23-2-4.
(5) Community mental health centers (as defined inIC 12-7-2-38).
(6) Private mental health institutions licensed under IC 12-25.
(7) An area agency on aging designated under IC 12-10-1 thatprovides food under a nutrition service program. However, thepremises where the food is prepared is not exempt from therequirements under this chapter. (8) A food pantry that:
(A) is operated or affiliated with a nonprofit organizationthat is exempt from federal income taxation under Section501(c)(3) of the Internal Revenue Code; and
(B) distributes food, which may include food from theUnited States Department of Agriculture, to needy persons.
However, a food bank or other facility that distributes donatedfood to other organizations is not exempt from the requirementsof this chapter.
As added by P.L.266-2001, SEC.16. Amended by P.L.104-2003,SEC.9; P.L.97-2004, SEC.71; P.L.139-2005, SEC.2.
IC 16-42-5.2-3.5
Exempt organizations
Sec. 3.5. (a) An organization that is exempt from the state grossretail tax under IC 6-2.5-5-21(b)(1)(B), IC 6-2.5-5-21(b)(1)(C), orIC 6-2.5-5-21(b)(1)(D) is exempt from complying with therequirements of this chapter.
(b) This section does not prohibit an exempted organization fromwaiving the exemption and using a certified food handler.
As added by P.L.139-2005, SEC.3.
IC 16-42-5.2-4
"Certified food handler" defined
Sec. 4. As used in this chapter, "certified food handler" means afood handler who holds a certificate described in section 7 of thischapter.
As added by P.L.266-2001, SEC.16.
IC 16-42-5.2-5
"Food handler" defined
Sec. 5. As used in this chapter, "food handler" means anindividual who:
(1) is an owner, an operator, a manager, or an employee of afood establishment; and
(2) is responsible for or oversees the storage, preparation,display, or serving of food to the public.
As added by P.L.266-2001, SEC.16.
IC 16-42-5.2-6
Certified food handler requirement
Sec. 6. After December 31, 2004, at least one (1) food handler ata food establishment must be a certified food handler.
As added by P.L.266-2001, SEC.16.
IC 16-42-5.2-7
Food borne illness prevention training requirement
Sec. 7. A food handler who holds a certificate recognized by theConference for Food Protection or an equivalent nationallyrecognized certification program as determined by the state
department of health meets the food borne illness prevention trainingrequirements established by the state department of health.
As added by P.L.266-2001, SEC.16.
IC 16-42-5.2-8
Presence of certified food handler
Sec. 8. After December 31, 2004, a food establishment must haveat least one (1) certified food handler responsible for all periods ofthe food establishment's operation. However, a certified food handlerneed not be present at the food establishment during all hours ofoperation.
As added by P.L.266-2001, SEC.16.
IC 16-42-5.2-9
Time requirements; food establishment beginning operation orchanging ownership
Sec. 9. After December 31, 2004, a food establishment that beginsoperation or changes ownership shall comply with section 6 of thischapter not later than six (6) months after beginning operation orchanging ownership.
As added by P.L.266-2001, SEC.16.
IC 16-42-5.2-10
Time requirements; certified food handler terminatingemployment
Sec. 10. After December 31, 2004, if a food establishment doesnot have a certified food handler because a certified food handlerterminates employment with the food establishment, the owner oroperator of the food establishment shall comply with section 6 of thischapter not later than three (3) months after the termination date ofthe previous certified food handler.
As added by P.L.266-2001, SEC.16.
IC 16-42-5.2-11
Multiple food establishments on same property
Sec. 11. After December 31, 2004, if more than one (1) foodestablishment operated by the same individual is located on the sameproperty or on contiguous properties, only one (1) certified foodhandler is required for the food establishments.
As added by P.L.266-2001, SEC.16.
IC 16-42-5.2-12
Penalties
Sec. 12. After December 31, 2004, an individual who violates anyof the provisions of this chapter is subject to the penalties prescribedby the executive board under section 13 of this chapter.
As added by P.L.266-2001, SEC.16.
IC 16-42-5.2-13
Adoption of rules Sec. 13. Not later than December 31, 2003, the executive boardshall adopt rules under IC 4-22-2 establishing standards for:
(1) the administration of this chapter; and
(2) the imposition of penalties for violations of this chapter.
As added by P.L.266-2001, SEC.16.
IC 16-42-5.2-14
Local licensing authority not limited
Sec. 14. This chapter does not limit the authority of a corporationor local health department to license retail food establishments.
As added by P.L.266-2001, SEC.16.
IC 16-42-5.2-15
Local enforcement
Sec. 15. A corporation or local health department may, uponapplication to and approval of the state department, enforce theprovisions of this chapter.
As added by P.L.266-2001, SEC.16.