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 nutritional
ingredients necessary to make the flour conform to the definition and
standard of identity of enriched flour, enriched bromated flour, or
enriched self-rising flour, as established or modified by order of the
state 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 following
foods as defined in the definitions and standards of identity adopted
by the state department:
(1) Flour, white flour, wheat flour, plain flour.
(2) Bromated flour.
(3) Self-rising flour, self-rising white flour, self-rising wheat
flour.
(4) Phosphated flour, phosphated white flour, and phosphated
wheat flour.
(b) The term does not include special flours not used for bread,
roll, bun, or biscuit baking, such as specialty cake, pancake, and
pastry 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, a
corporation, a partnership, a limited liability company, an
association, a joint stock company, a trust, or an unincorporated
organization to the extent the person is engaged in the commercial
manufacture 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, such
as 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 sweet
buns, cinnamon rolls or buns, butterfly rolls,and other items of the
same 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 commonly
known or usually represented and sold as white bread, including
Vienna 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 provisions
of this chapter and shall adopt, amend, or rescind rules and orders for
the 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 or
other commercial secondary processors if, before or simultaneously
with delivery, the purchaser furnishes to the seller a certificate of
intent in the form the state health commissioner prescribes by rule
certifying that the flour may be used only in the manufacture, mixing,
or compounding of flour or white bread or rolls enriched to meet the
requirements of this chapter or of products other than flour or white
bread or rolls.
(b) A person may only manufacture, mix, compound, sell, or offer
for sale in Indiana for human consumption in Indiana flour that is
enriched.
(c) A purchaser described in subsection (a) who furnishes a
certificate of intent may not use the flour so purchased in a manner
other 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 not
manufacture, bake, sell, or offer for sale in Indiana for human
consumption white bread or rolls unless the white bread or rolls
conform to the definition and standard of identity then in effect for
enriched bread and enriched rolls or enriched buns, as established by
order of the state department under the pure food statutes or rules of
Indiana.
(b) If no order of a federal agency or officer fixing and
establishing a definition and standard of identity for enriched bread
and enriched rolls or enriched buns is in effect, a person may not
manufacture, bake, sell, or offer for sale in Indiana for human
consumption any white bread or rolls unless the white bread or rolls
conform to the proposed definition and standard of identity for
enriched bread and enriched rolls or enriched buns under the pure
food 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 that
bear no labeling of any kind and that are sold directly to the
consumer by the manufacturer.
(b) A person may not sell or offer for sale in Indiana for human
consumption in Indiana any flour, wrapped white bread, or rolls
meeting the requirements of sections 7 and 8 of this chapter that fail
to conform to the labeling requirements of the state department and
the rules adopted by the state department concerning those products
when introduced in interstate commerce. As added by P.L.2-1993, SEC.25.
IC 16-42-10-10 Shortages of ingredients; exempting orders; hearings; rescinding
orders
Sec. 10. (a) If the state health commissioner finds that:
(1) there is an existing or imminent shortage of any ingredient
required by section 7 or 8 of this chapter; and
(2) because of the existing or imminent shortage the sale and
distribution of flour or white bread or rolls may be impeded by
the enforcement of this chapter;
the state health commissioner shall issue an order, effective
immediately upon issuance, permitting the omission of that
ingredient from flour or white bread or rolls, and if the state health
commissioner finds it necessary or appropriate, excepting those
foods from the labeling requirements of this chapter until further
order 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 factual
information supplied by the appropriate officer. In the absence of an
order of the appropriate federal agency or factual information
supplied 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 sworn
statements of at least ten (10) persons subject to this chapter
that a shortage exists or is imminent;
hold a public hearing on that topic at which any interested person
may present evidence. At the conclusion of the hearing, the state
health commissioner shall make findings based upon the evidence
presented.
(c) The state health commissioner shall publish notice of a hearing
under subsection (b) at least ten (10) days before the hearing.
(d) Whenever the state health commissioner has reason to believe
that a shortage no longer exists, the state health commissioner shall
hold a public hearing, after giving at least ten (10) days notice at
which any interested person may present evidence. At the conclusion
of 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 longer
exists, the state health commissioner shall issue an order revoking the
previous order. An order revoking the previous order becomes
effective not less than thirty (30) days after publication of the
revocation order. However, undisposed flour stocks on hand at the
effective date of the revocation order or flour manufactured before
the effective date of the revocation order for sale in Indiana may
subsequently 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 health
commissioner under this chapter shall be published in the manner
prescribed in this chapter and, within the limits specified by this
chapter, take effect on the date the state health commissioner
determines.
(b) Whenever publication of any notice, order, or rule is required
under this chapter, publication must be made at least one (1) time in
at least one (1) daily newspaper of general circulation printed and
published 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 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:
(1) a factory, mill, warehouse, shop, or establishment where
flour, 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 in
those places and all pertinent equipment, materials, containers, and
labeling. 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 a
Class B misdemeanor. As added by P.L.2-1993, SEC.25.
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 nutritional
ingredients necessary to make the flour conform to the definition and
standard of identity of enriched flour, enriched bromated flour, or
enriched self-rising flour, as established or modified by order of the
state 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 following
foods as defined in the definitions and standards of identity adopted
by the state department:
(1) Flour, white flour, wheat flour, plain flour.
(2) Bromated flour.
(3) Self-rising flour, self-rising white flour, self-rising wheat
flour.
(4) Phosphated flour, phosphated white flour, and phosphated
wheat flour.
(b) The term does not include special flours not used for bread,
roll, bun, or biscuit baking, such as specialty cake, pancake, and
pastry 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, a
corporation, a partnership, a limited liability company, an
association, a joint stock company, a trust, or an unincorporated
organization to the extent the person is engaged in the commercial
manufacture 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, such
as 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 sweet
buns, cinnamon rolls or buns, butterfly rolls,and other items of the
same 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 commonly
known or usually represented and sold as white bread, including
Vienna 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 provisions
of this chapter and shall adopt, amend, or rescind rules and orders for
the 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 or
other commercial secondary processors if, before or simultaneously
with delivery, the purchaser furnishes to the seller a certificate of
intent in the form the state health commissioner prescribes by rule
certifying that the flour may be used only in the manufacture, mixing,
or compounding of flour or white bread or rolls enriched to meet the
requirements of this chapter or of products other than flour or white
bread or rolls.
(b) A person may only manufacture, mix, compound, sell, or offer
for sale in Indiana for human consumption in Indiana flour that is
enriched.
(c) A purchaser described in subsection (a) who furnishes a
certificate of intent may not use the flour so purchased in a manner
other 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 not
manufacture, bake, sell, or offer for sale in Indiana for human
consumption white bread or rolls unless the white bread or rolls
conform to the definition and standard of identity then in effect for
enriched bread and enriched rolls or enriched buns, as established by
order of the state department under the pure food statutes or rules of
Indiana.
(b) If no order of a federal agency or officer fixing and
establishing a definition and standard of identity for enriched bread
and enriched rolls or enriched buns is in effect, a person may not
manufacture, bake, sell, or offer for sale in Indiana for human
consumption any white bread or rolls unless the white bread or rolls
conform to the proposed definition and standard of identity for
enriched bread and enriched rolls or enriched buns under the pure
food 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 that
bear no labeling of any kind and that are sold directly to the
consumer by the manufacturer.
(b) A person may not sell or offer for sale in Indiana for human
consumption in Indiana any flour, wrapped white bread, or rolls
meeting the requirements of sections 7 and 8 of this chapter that fail
to conform to the labeling requirements of the state department and
the rules adopted by the state department concerning those products
when introduced in interstate commerce. As added by P.L.2-1993, SEC.25.
IC 16-42-10-10 Shortages of ingredients; exempting orders; hearings; rescinding
orders
Sec. 10. (a) If the state health commissioner finds that:
(1) there is an existing or imminent shortage of any ingredient
required by section 7 or 8 of this chapter; and
(2) because of the existing or imminent shortage the sale and
distribution of flour or white bread or rolls may be impeded by
the enforcement of this chapter;
the state health commissioner shall issue an order, effective
immediately upon issuance, permitting the omission of that
ingredient from flour or white bread or rolls, and if the state health
commissioner finds it necessary or appropriate, excepting those
foods from the labeling requirements of this chapter until further
order 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 factual
information supplied by the appropriate officer. In the absence of an
order of the appropriate federal agency or factual information
supplied 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 sworn
statements of at least ten (10) persons subject to this chapter
that a shortage exists or is imminent;
hold a public hearing on that topic at which any interested person
may present evidence. At the conclusion of the hearing, the state
health commissioner shall make findings based upon the evidence
presented.
(c) The state health commissioner shall publish notice of a hearing
under subsection (b) at least ten (10) days before the hearing.
(d) Whenever the state health commissioner has reason to believe
that a shortage no longer exists, the state health commissioner shall
hold a public hearing, after giving at least ten (10) days notice at
which any interested person may present evidence. At the conclusion
of 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 longer
exists, the state health commissioner shall issue an order revoking the
previous order. An order revoking the previous order becomes
effective not less than thirty (30) days after publication of the
revocation order. However, undisposed flour stocks on hand at the
effective date of the revocation order or flour manufactured before
the effective date of the revocation order for sale in Indiana may
subsequently 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 health
commissioner under this chapter shall be published in the manner
prescribed in this chapter and, within the limits specified by this
chapter, take effect on the date the state health commissioner
determines.
(b) Whenever publication of any notice, order, or rule is required
under this chapter, publication must be made at least one (1) time in
at least one (1) daily newspaper of general circulation printed and
published 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 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:
(1) a factory, mill, warehouse, shop, or establishment where
flour, 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 in
those places and all pertinent equipment, materials, containers, and
labeling. 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 a
Class B misdemeanor. As added by P.L.2-1993, SEC.25.
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 nutritional
ingredients necessary to make the flour conform to the definition and
standard of identity of enriched flour, enriched bromated flour, or
enriched self-rising flour, as established or modified by order of the
state 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 following
foods as defined in the definitions and standards of identity adopted
by the state department:
(1) Flour, white flour, wheat flour, plain flour.
(2) Bromated flour.
(3) Self-rising flour, self-rising white flour, self-rising wheat
flour.
(4) Phosphated flour, phosphated white flour, and phosphated
wheat flour.
(b) The term does not include special flours not used for bread,
roll, bun, or biscuit baking, such as specialty cake, pancake, and
pastry 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, a
corporation, a partnership, a limited liability company, an
association, a joint stock company, a trust, or an unincorporated
organization to the extent the person is engaged in the commercial
manufacture 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, such
as 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 sweet
buns, cinnamon rolls or buns, butterfly rolls,and other items of the
same 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 commonly
known or usually represented and sold as white bread, including
Vienna 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 provisions
of this chapter and shall adopt, amend, or rescind rules and orders for
the 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 or
other commercial secondary processors if, before or simultaneously
with delivery, the purchaser furnishes to the seller a certificate of
intent in the form the state health commissioner prescribes by rule
certifying that the flour may be used only in the manufacture, mixing,
or compounding of flour or white bread or rolls enriched to meet the
requirements of this chapter or of products other than flour or white
bread or rolls.
(b) A person may only manufacture, mix, compound, sell, or offer
for sale in Indiana for human consumption in Indiana flour that is
enriched.
(c) A purchaser described in subsection (a) who furnishes a
certificate of intent may not use the flour so purchased in a manner
other 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 not
manufacture, bake, sell, or offer for sale in Indiana for human
consumption white bread or rolls unless the white bread or rolls
conform to the definition and standard of identity then in effect for
enriched bread and enriched rolls or enriched buns, as established by
order of the state department under the pure food statutes or rules of
Indiana.
(b) If no order of a federal agency or officer fixing and
establishing a definition and standard of identity for enriched bread
and enriched rolls or enriched buns is in effect, a person may not
manufacture, bake, sell, or offer for sale in Indiana for human
consumption any white bread or rolls unless the white bread or rolls
conform to the proposed definition and standard of identity for
enriched bread and enriched rolls or enriched buns under the pure
food 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 that
bear no labeling of any kind and that are sold directly to the
consumer by the manufacturer.
(b) A person may not sell or offer for sale in Indiana for human
consumption in Indiana any flour, wrapped white bread, or rolls
meeting the requirements of sections 7 and 8 of this chapter that fail
to conform to the labeling requirements of the state department and
the rules adopted by the state department concerning those products
when introduced in interstate commerce. As added by P.L.2-1993, SEC.25.
IC 16-42-10-10 Shortages of ingredients; exempting orders; hearings; rescinding
orders
Sec. 10. (a) If the state health commissioner finds that:
(1) there is an existing or imminent shortage of any ingredient
required by section 7 or 8 of this chapter; and
(2) because of the existing or imminent shortage the sale and
distribution of flour or white bread or rolls may be impeded by
the enforcement of this chapter;
the state health commissioner shall issue an order, effective
immediately upon issuance, permitting the omission of that
ingredient from flour or white bread or rolls, and if the state health
commissioner finds it necessary or appropriate, excepting those
foods from the labeling requirements of this chapter until further
order 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 factual
information supplied by the appropriate officer. In the absence of an
order of the appropriate federal agency or factual information
supplied 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 sworn
statements of at least ten (10) persons subject to this chapter
that a shortage exists or is imminent;
hold a public hearing on that topic at which any interested person
may present evidence. At the conclusion of the hearing, the state
health commissioner shall make findings based upon the evidence
presented.
(c) The state health commissioner shall publish notice of a hearing
under subsection (b) at least ten (10) days before the hearing.
(d) Whenever the state health commissioner has reason to believe
that a shortage no longer exists, the state health commissioner shall
hold a public hearing, after giving at least ten (10) days notice at
which any interested person may present evidence. At the conclusion
of 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 longer
exists, the state health commissioner shall issue an order revoking the
previous order. An order revoking the previous order becomes
effective not less than thirty (30) days after publication of the
revocation order. However, undisposed flour stocks on hand at the
effective date of the revocation order or flour manufactured before
the effective date of the revocation order for sale in Indiana may
subsequently 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 health
commissioner under this chapter shall be published in the manner
prescribed in this chapter and, within the limits specified by this
chapter, take effect on the date the state health commissioner
determines.
(b) Whenever publication of any notice, order, or rule is required
under this chapter, publication must be made at least one (1) time in
at least one (1) daily newspaper of general circulation printed and
published 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 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:
(1) a factory, mill, warehouse, shop, or establishment where
flour, 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 in
those places and all pertinent equipment, materials, containers, and
labeling. 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 a
Class B misdemeanor. As added by P.L.2-1993, SEC.25.
