reglab/statecodes huggingface dataset:
2023 Indiana Code › Title 16. Health › Article 42. Regulation of Food, Drugs, and Cosmetics › Chapter 4. Uniform Food, Drug, and Cosmetic Act: Adulteration or Misbranding of Cosmetics › 16-42-4-3. Misbranded Cosmetics

Sec. 3. A cosmetic is considered to be misbranded under the following conditions:
(1) If the cosmetic's labeling is false or misleading in any way.
(2) If the cosmetic is in package form unless the cosmetic bears a label containing the following:
(A) The name and place of business of the manufacturer, packer, or distributor.
(B) An accurate statement of the quantity of the contents in terms of weight, measure, or numerical count.
However, reasonable variations are permitted under clause (B) and exemptions for small packages shall be established by rules adopted by the state department.
(3) If a word, statement, or other information required by this chapter or a rule adopted under IC 16-42-1-2 to appear on the label or labeling is not prominently placed on the label with such conspicuousness (as compared with other words, statements, designs, or devices in the labeling) and in such terms as to make the label or labeling likely to be read and understood by the ordinary individual under customary conditions of purchase and use.
(4) If the container of the cosmetic is so made, formed, or filled as to be misleading.
[Pre-1993 Recodification Citations: 16-1-31-6; 16-1-31-7; 16-1-31-8; 16-1-31-9.]
As added by P.L.2-1993, SEC.25.
2023 Indiana Code › Title 16. Health › Article 42. Regulation of Food, Drugs, and Cosmetics › Chapter 4. Uniform Food, Drug, and Cosmetic Act: Adulteration or Misbranding of Cosmetics › 16-42-4-4. Cosmetics in Transit for Processing, Labeling, or Repacking; Exemption

Sec. 4. A cosmetic that, in accordance with the practice of the trade, is to be processed, labeled, or repacked in substantial quantities at an establishment other than the establishment where the cosmetic was originally processed or packed is exempt from the affirmative labeling requirements of IC 16-42-1 through IC 16-42-4 while the cosmetic is in transit in intrastate commerce from one (1) establishment to the other if the transit is made in good faith for completion purposes only, but the cosmetic is otherwise subject to all the applicable provisions of IC 16-42-1 through IC 16-42-4.
[Pre-1993 Recodification Citation: 16-1-31-10.]
As added by P.L.2-1993, SEC.25.
2023 Indiana Code › Title 16. Health › Article 42. Regulation of Food, Drugs, and Cosmetics › Chapter 4. Uniform Food, Drug, and Cosmetic Act: Adulteration or Misbranding of Cosmetics › 16-42-4-5. Chapter Violations; Offenses

Sec. 5. (a) Except as otherwise provided, a person who recklessly violates or fails to comply with this chapter commits a Class B misdemeanor.
(b) Each day a violation continues constitutes a separate offense.
[Pre-1993 Recodification Citation: 16-1-35-1.]
As added by P.L.2-1993, SEC.25.
2023 Indiana Code › Title 16. Health › Article 42. Regulation of Food, Drugs, and Cosmetics › Chapter 5. Food: Sanitary Requirements for Food Establishments › 16-42-5-0.1. Application of Certain Amendments to Chapter

Sec. 0.1. The amendments made to section 28 of this chapter by P.L.266-2001 apply to violations that occur after June 30, 2001.
As added by P.L.220-2011, SEC.322.
2023 Indiana Code › Title 16. Health › Article 42. Regulation of Food, Drugs, and Cosmetics › Chapter 5. Food: Sanitary Requirements for Food Establishments › 16-42-5-0.3. Initial Schedule of Civil Penalties; Rules; Enforcement of Previously Adopted Local Penalties

Sec. 0.3. (a) The state department may adopt rules establishing the initial schedule of civil penalties required under section 28 of this chapter, as added by P.L.266-2001, at any time after May 11, 2001, in the manner provided for the adoption of emergency rules under IC 4-22-2-37.1. An emergency rule adopted under this section expires on the later of:
(1) the date permanent rules are adopted to replace the emergency rules; or
(2) July 1, 2003.
(b) A corporation or local health department that, before January 1, 2001, adopted monetary penalties for the violation of any state or local law or rule concerning food handling or food establishments may continue to enforce those locally prescribed monetary penalties (including the issuance of tickets or citations authorized by local law) and deposit the amounts collected as prescribed by local law until the later of:
(1) the date permanent rules are adopted establishing the schedule of civil penalties required under section 28 of this chapter, as added by P.L.266-2001; or
(2) July 1, 2003.
As added by P.L.220-2011, SEC.323. Amended by P.L.56-2023, SEC.167.
2023 Indiana Code › Title 16. Health › Article 42. Regulation of Food, Drugs, and Cosmetics › Chapter 5. Food: Sanitary Requirements for Food Establishments › 16-42-5-0.4. Enforcement of Local Standards for Food Handling or Food Establishments

Sec. 0.4. A corporation or local health department that, before January 1, 2001, adopted sanitary standards for food handling or food establishments that are different from the state rules concerning sanitary standards for food handling or food establishments may continue to enforce those locally prescribed sanitary standards until the later of:
(1) the date that the state department adopts rules to modify or replace the state department's rules that were in effect on January 1, 2001, concerning sanitary standards for food handling or food establishments; or
(2) July 1, 2003.
As added by P.L.220-2011, SEC.324.
2023 Indiana Code › Title 16. Health › Article 42. Regulation of Food, Drugs, and Cosmetics › Chapter 5. Food: Sanitary Requirements for Food Establishments › 16-42-5-0.5. Local Standards or Penalties Regarding Food Handling or Food Establishments Precluded

Sec. 0.5. Except as provided in this chapter, a corporation or local health department may not impose any:
(1) sanitary standards on; or
(2) locally prescribed monetary penalties for the violation of any state law or rule concerning;
food handling or food establishments.
As added by P.L.266-2001, SEC.9.
2023 Indiana Code › Title 16. Health › Article 42. Regulation of Food, Drugs, and Cosmetics › Chapter 5. Food: Sanitary Requirements for Food Establishments › 16-42-5-0.7. Local Standards Regarding Food Handling Machinery Precluded

Sec. 0.7. (a) Except as provided in this chapter, a corporation or local health department may not impose any requirements or standards on the installation of food handling machinery in a food establishment regulated by this chapter.
(b) The installation of food handling machinery includes all activities associated with the machinery's installation, including the wiring, plumbing, air handling, and all other processes.
(c) This section does not limit the authority of the state fire marshal or other state agencies to regulate food establishments.
(d) This section does not limit the authority of a corporation or local health department to enforce requirements or standards established by state law or the state department for the installation of food handling machinery.
As added by P.L.266-2001, SEC.10. Amended by P.L.1-2006, SEC.306.
2023 Indiana Code › Title 16. Health › Article 42. Regulation of Food, Drugs, and Cosmetics › Chapter 5. Food: Sanitary Requirements for Food Establishments › 16-42-5-0.9. Petitions for Changes in Rules

Sec. 0.9. (a) A corporation or local health department may petition the state department requesting one (1) or more modifications or changes 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 the corporation or local health department's requested modifications or changes and shall determine in writing whether to adopt rules under IC 4-22-2 to modify or change the state department's rules.
As added by P.L.266-2001, SEC.11.
2023 Indiana Code › Title 16. Health › Article 42. Regulation of Food, Drugs, and Cosmetics › Chapter 5. Food: Sanitary Requirements for Food Establishments › 16-42-5-1. Repealed

[Pre-1993 Recodification Citation: 16-1-20-1.]
As added by P.L.2-1993, SEC.25. Repealed by P.L.266-2001, SEC.17.
2023 Indiana Code › Title 16. Health › Article 42. Regulation of Food, Drugs, and Cosmetics › Chapter 5. Food: Sanitary Requirements for Food Establishments › 16-42-5-2. Repealed

[Pre-1993 Recodification Citation: 16-1-20-3.]
As added by P.L.2-1993, SEC.25. Repealed by P.L.266-2001, SEC.17.
2023 Indiana Code › Title 16. Health › Article 42. Regulation of Food, Drugs, and Cosmetics › Chapter 5. Food: Sanitary Requirements for Food Establishments › 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.
2023 Indiana Code › Title 16. Health › Article 42. Regulation of Food, Drugs, and Cosmetics › Chapter 5. Food: Sanitary Requirements for Food Establishments › 16-42-5-3. Repealed

[Pre-1993 Recodification Citation: 16-1-20-2.]
As added by P.L.2-1993, SEC.25. Repealed by P.L.266-2001, SEC.17.
2023 Indiana Code › Title 16. Health › Article 42. Regulation of Food, Drugs, and Cosmetics › Chapter 5. Food: Sanitary Requirements for Food Establishments › 16-42-5-4. Repealed

[Pre-1993 Recodification Citation: 16-1-20-26.]
As added by P.L.2-1993, SEC.25. Amended by P.L.192-2002(ss), SEC.159; P.L.138-2006, SEC.11. Repealed by P.L.100-2007, SEC.2.
2023 Indiana Code › Title 16. Health › Article 42. Regulation of Food, Drugs, and Cosmetics › Chapter 5. Food: Sanitary Requirements for Food Establishments › 16-42-5-5. Rules

Sec. 5. The state department may adopt rules under IC 4-22-2 for the efficient enforcement of this chapter and to establish minimum sanitary standards for the operation of all food establishments.
[Pre-1993 Recodification Citation: 16-1-20-4.]
As added by P.L.2-1993, SEC.25.
2023 Indiana Code › Title 16. Health › Article 42. Regulation of Food, Drugs, and Cosmetics › Chapter 5. Food: Sanitary Requirements for Food Establishments › 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.
2023 Indiana Code › Title 16. Health › Article 42. Regulation of Food, Drugs, and Cosmetics › Chapter 5. Food: Sanitary Requirements for Food Establishments › 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.
[Pre-1993 Recodification Citation: 16-1-20-8.]
As added by P.L.2-1993, SEC.25.
2023 Indiana Code › Title 16. Health › Article 42. Regulation of Food, Drugs, and Cosmetics › Chapter 5. Food: Sanitary Requirements for Food Establishments › 16-42-5-7. Construction to Facilitate Cleanliness

Sec. 7. Each food establishment and the machinery used in each food establishment must be constructed so as to be easily and thoroughly cleaned.
[Pre-1993 Recodification Citation: 16-1-20-10.]
As added by P.L.2-1993, SEC.25.
2023 Indiana Code › Title 16. Health › Article 42. Regulation of Food, Drugs, and Cosmetics › Chapter 5. Food: Sanitary Requirements for Food Establishments › 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 vehicle used to transport food products must at all times be clean and sanitary.
[Pre-1993 Recodification Citation: 16-1-20-9.]
As added by P.L.2-1993, SEC.25.
2023 Indiana Code › Title 16. Health › Article 42. Regulation of Food, Drugs, and Cosmetics › Chapter 5. Food: Sanitary Requirements for Food Establishments › 16-42-5-9. Walls and Ceilings; Construction; Washing

Sec. 9. (a) The sidewalls, woodwork, and ceiling of a food establishment must be made of an impervious material with a finish that is washable.
(b) The sidewalls, woodwork, and ceiling must be kept washed clean with detergent and water.
[Pre-1993 Recodification Citation: 16-1-20-11.]
As added by P.L.2-1993, SEC.25.
2023 Indiana Code › Title 16. Health › Article 42. Regulation of Food, Drugs, and Cosmetics › Chapter 5. Food: Sanitary Requirements for Food Establishments › 16-42-5-10. Floors; Construction; Washing

Sec. 10. (a) The floor of a food establishment must be made of nonabsorbent material that can be flushed with water.
(b) The floor of a food establishment must be kept washed clean with detergent and water.
[Pre-1993 Recodification Citation: 16-1-20-12.]
As added by P.L.2-1993, SEC.25.
2023 Indiana Code › Title 16. Health › Article 42. Regulation of Food, Drugs, and Cosmetics › Chapter 5. Food: Sanitary Requirements for Food Establishments › 16-42-5-11. Domestic Animals; Rodents; Insects

Sec. 11. A food establishment must be protected by all reasonable means against the presence of and entrance of domestic animals, rodents, flies, and other insects.
[Pre-1993 Recodification Citation: 16-1-20-13.]
As added by P.L.2-1993, SEC.25.
2023 Indiana Code › Title 16. Health › Article 42. Regulation of Food, Drugs, and Cosmetics › Chapter 5. Food: Sanitary Requirements for Food Establishments › 16-42-5-12. Garbage Removal

Sec. 12. Refuse, dirt, and waste products subject to decomposition and fermentation incident to food handling shall be removed daily from food establishments.
[Pre-1993 Recodification Citation: 16-1-20-14.]
As added by P.L.2-1993, SEC.25.
2023 Indiana Code › Title 16. Health › Article 42. Regulation of Food, Drugs, and Cosmetics › Chapter 5. Food: Sanitary Requirements for Food Establishments › 16-42-5-13. Toilet Room

Sec. 13. (a) A food establishment must have a convenient toilet room 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 nonabsorbent material.
(c) The floor of the toilet room shall be washed and scoured daily.
(d) Each toilet fixture and each toilet room must be adequately ventilated.
[Pre-1993 Recodification Citation: 16-1-20-15.]
As added by P.L.2-1993, SEC.25.
2023 Indiana Code › Title 16. Health › Article 42. Regulation of Food, Drugs, and Cosmetics › Chapter 5. Food: Sanitary Requirements for Food Establishments › 16-42-5-14. Washrooms

Sec. 14. (a) A food establishment must have a washroom adjacent to 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 detergent and water.
[Pre-1993 Recodification Citation: 16-1-20-16.]
As added by P.L.2-1993, SEC.25.
2023 Indiana Code › Title 16. Health › Article 42. Regulation of Food, Drugs, and Cosmetics › Chapter 5. Food: Sanitary Requirements for Food Establishments › 16-42-5-15. Food Handling Rooms; Exclusive Use

Sec. 15. A room that is used for food handling or that is equipped for use for food handling may not be used for any other purpose.
[Pre-1993 Recodification Citation: 16-1-20-17.]
As added by P.L.2-1993, SEC.25.
2023 Indiana Code › Title 16. Health › Article 42. Regulation of Food, Drugs, and Cosmetics › Chapter 5. Food: Sanitary Requirements for Food Establishments › 16-42-5-16. Dressing Rooms

Sec. 16. (a) Rooms separate and apart from rooms used for food handling must be provided for the changing and hanging of wearing apparel.
(b) The rooms for changing and hanging wearing apparel must be kept clean.
[Pre-1993 Recodification Citation: 16-1-20-18.]
As added by P.L.2-1993, SEC.25.
2023 Indiana Code › Title 16. Health › Article 42. Regulation of Food, Drugs, and Cosmetics › Chapter 5. Food: Sanitary Requirements for Food Establishments › 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 food establishment.
[Pre-1993 Recodification Citation: 16-1-20-19.]
As added by P.L.2-1993, SEC.25.
2023 Indiana Code › Title 16. Health › Article 42. Regulation of Food, Drugs, and Cosmetics › Chapter 5. Food: Sanitary Requirements for Food Establishments › 16-42-5-18. Sleeping in Food Handling Rooms

Sec. 18. A person may not live or sleep in a room used for food handling or in a room opening directly into a food establishment.
[Pre-1993 Recodification Citation: 16-1-20-20.]
As added by P.L.2-1993, SEC.25.
2023 Indiana Code › Title 16. Health › Article 42. Regulation of Food, Drugs, and Cosmetics › Chapter 5. Food: Sanitary Requirements for Food Establishments › 16-42-5-19. Diseases; Employees

Sec. 19. A person who has a communicable or infectious disease may not work in a food establishment in any capacity in which epidemiological evidence indicates the person may spread the disease.
[Pre-1993 Recodification Citation: 16-1-20-21.]
As added by P.L.2-1993, SEC.25.
2023 Indiana Code › Title 16. Health › Article 42. Regulation of Food, Drugs, and Cosmetics › Chapter 5. Food: Sanitary Requirements for Food Establishments › 16-42-5-20. Wearing Apparel; Employees

Sec. 20. A person shall wear clean outer garments while working in a food establishment.
[Pre-1993 Recodification Citation: 16-1-20-22.]
As added by P.L.2-1993, SEC.25.
2023 Indiana Code › Title 16. Health › Article 42. Regulation of Food, Drugs, and Cosmetics › Chapter 5. Food: Sanitary Requirements for Food Establishments › 16-42-5-21. Washing; Employees

Sec. 21. A person who works in a food establishment shall wash the person's hands and arms thoroughly with soap and clean water before beginning work, before resuming work after a rest period, and before resuming work after visiting a toilet room.
[Pre-1993 Recodification Citation: 16-1-20-23.]
As added by P.L.2-1993, SEC.25.
2023 Indiana Code › Title 16. Health › Article 42. Regulation of Food, Drugs, and Cosmetics › Chapter 5. Food: Sanitary Requirements for Food Establishments › 16-42-5-22. Sitting or Lying on Food Handling Equipment

Sec. 22. A person may not sit or lie upon equipment used or installed for use in handling food.
[Pre-1993 Recodification Citation: 16-1-20-24.]
As added by P.L.2-1993, SEC.25.
2023 Indiana Code › Title 16. Health › Article 42. Regulation of Food, Drugs, and Cosmetics › Chapter 5. Food: Sanitary Requirements for Food Establishments › 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 of being a food establishment.
(2) Inspect the premises, utensils, fixtures, equipment, furniture, and machinery used in food handling.
[Pre-1993 Recodification Citation: 16-1-20-5.]
As added by P.L.2-1993, SEC.25.
2023 Indiana Code › Title 16. Health › Article 42. Regulation of Food, Drugs, and Cosmetics › Chapter 5. Food: Sanitary Requirements for Food Establishments › 16-42-5-24. Local Health Officers

Sec. 24. (a) For the purpose of enforcing IC 16-41-20, 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 specialists subordinate to the state department.
(b) The state department shall provide to the local health officers who are food environmental health specialists guidelines concerning the interpretation of the state department's rules concerning food handling and food establishments so that enforcement of the state laws and rules is uniform throughout the state.
[Pre-1993 Recodification Citation: 16-1-20-6.]
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; P.L.86-2015, SEC.2.
2023 Indiana Code › Title 16. Health › Article 42. Regulation of Food, Drugs, and Cosmetics › Chapter 5. Food: Sanitary Requirements for Food Establishments › 16-42-5-25. Prosecution of Violators; Orders to Abate Condition or Violation

Sec. 25. If, upon inspection of a food establishment, a local health officer or food environmental health specialist finds an employer, operator, or other employee to be violating IC 16-41-20, IC 16-41-23, IC 16-41-24, IC 16-41-34, or this chapter, the local health officer or food environmental health specialist shall do at least one (1) of the following:
(1) Furnish evidence of the violation to the prosecuting attorney of the county or circuit in which the violation occurs. The prosecuting attorney shall prosecute all persons violating IC 16-41-20, IC 16-41-23, IC 16-41-24, IC 16-41-34, or this chapter, or rules adopted under those provisions.
(2) Report the condition and violation to the state health commissioner or the commissioner's legally authorized agent. The state health commissioner may issue an order to the person in authority at the offending establishment to abate the condition or violation within five (5) days or within another reasonable time required to abate the condition or violation. The proceedings to abate must be in accordance with IC 4-21.5.
[Pre-1993 Recodification Citation: 16-1-20-7.]
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; P.L.86-2015, SEC.3.
2023 Indiana Code › Title 16. Health › Article 42. Regulation of Food, Drugs, and Cosmetics › Chapter 5. Food: Sanitary Requirements for Food Establishments › 16-42-5-26. Noncompliance With Order or Requirement; Offenses

Sec. 26. (a) A person who refuses to comply with a lawful order or requirement of the state health commissioner made in writing as provided in this chapter commits a Class B misdemeanor.
(b) Each day after the expiration of the time limit for abating unsanitary conditions and completing improvements to abate the conditions as ordered by the state health commissioner constitutes a separate offense.
[Pre-1993 Recodification Citation: 16-1-20-25.]
As added by P.L.2-1993, SEC.25.
2023 Indiana Code › Title 16. Health › Article 42. Regulation of Food, Drugs, and Cosmetics › Chapter 5. Food: Sanitary Requirements for Food Establishments › 16-42-5-27. Violations of Chapter; Offenses

Sec. 27. (a) Except as otherwise provided, a person who recklessly violates or fails to comply with this chapter commits a Class B misdemeanor.
(b) Each day a violation continues constitutes a separate offense.
[Pre-1993 Recodification Citation: 16-1-35-1.]
As added by P.L.2-1993, SEC.25.
2023 Indiana Code › Title 16. Health › Article 42. Regulation of Food, Drugs, and Cosmetics › Chapter 5. Food: Sanitary Requirements for Food Establishments › 16-42-5-28. Civil Penalties

Sec. 28. (a) The state department shall adopt rules under IC 4-22-2 establishing a schedule of civil penalties that may be imposed by the state 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 be deposited in the state general fund.
(d) The state department may issue an order of compliance or impose a civil penalty included in the schedule of civil penalties established under this section, or both, against a person who does any of the following:
(1) Fails to comply with this chapter or a rule adopted to implement this chapter.
(2) Interferes with or obstructs the state department or the state department's designated agent in the performance of duties under this chapter.
(e) The state department may issue an order of compliance against a 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 a civil penalty against a person described in subsection (d) only in a proceeding under IC 4-21.5-3-8.
(f) A proceeding commenced to impose a civil penalty under the schedule of civil penalties established under this section may be consolidated with any other proceeding commenced to enforce either of the following:
(1) This chapter.
(2) A rule adopted by the state department to implement this chapter.
(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 civil penalties established by the state department under this section;
(2) may use tickets or citations to enforce this chapter, rules adopted under this chapter, or the schedule of civil penalties established by the state department under this section; and
(3) shall deposit in the general fund of the corporation or the local health department the civil penalties collected under this section.
(h) For each violation of the state law or rules concerning food handling 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.
2023 Indiana Code › Title 16. Health › Article 42. Regulation of Food, Drugs, and Cosmetics › Chapter 5. Food: Sanitary Requirements for Food Establishments › 16-42-5-29. Repealed

As added by P.L.86-2009, SEC.3. Amended by P.L.86-2012, SEC.1; P.L.128-2013, SEC.1; P.L.154-2014, SEC.1; P.L.202-2015, SEC.7; P.L.80-2016, SEC.3. Repealed by P.L.49-2022, SEC.3.
2023 Indiana Code › Title 16. Health › Article 42. Regulation of Food, Drugs, and Cosmetics › Chapter 5. Food: Sanitary Requirements for Food Establishments › 16-42-5-30. Exemption From Food Establishment Requirements; Standards for Farm Winery and Small Brewery Permit Holders at Festivals, Fairs, and Other Temporary Locations; Licensure, Registration, and Certification Requirements by Local Units Prohibited

Sec. 30. (a) As used in this section, "permit holder" means the holder of:
(1) a farm winery permit under IC 7.1-3-12-5; or
(2) a brewer's permit under IC 7.1-3-2-7(5).
(b) A permit holder that sells or furnishes alcoholic beverages by the glass at a festival, fair, or other temporary location authorized by the permit holder's permit under IC 7.1, is not considered to be a food establishment and is exempt from the requirements of this title that apply to food establishments, if the following requirements are met:
(1) The holder of a farm winery permit furnishes only the following for consumption on the premises, regardless of whether there is a charge:
(A) Wine samples.
(B) Wine by the glass.
The holder may not serve or furnish any food, including any fruit, condiment, flavoring, or garnish added to the wine after the wine is poured from its original container.
(2) The holder of a brewer's permit furnishes only the following for consumption on the premises, regardless of whether there is a charge:
(A) Beer samples.
(B) Beer by the glass.
The holder may not serve or furnish any food, including any fruit, condiment, flavoring, or garnish added to the beer after the beer is poured from its original container.
(c) A local unit of government (as defined in IC 14-22-31.5-1) may not require any licensure, registration, or certification of a permit holder as a condition of providing alcoholic beverages at a festival, fair, or other temporary location authorized by the permit holder's permit under IC 7.1, if the permit holder meets the requirements of this section.
As added by P.L.144-2015, SEC.6.
2023 Indiana Code › Title 16. Health › Article 42. Regulation of Food, Drugs, and Cosmetics › Chapter 5. Food: Sanitary Requirements for Food Establishments › 16-42-5-31. Sale of Poultry Products Produced Under a Limited Permit

Sec. 31. A food establishment may sell or serve poultry products produced by an establishment operating under a limited permit issued under IC 15-17-5-11(f) only if the poultry products are produced and labeled in accordance with the requirements of IC 15-17-5-11(f).
As added by P.L.80-2016, SEC.4.
2023 Indiana Code › Title 16. Health › Article 42. Regulation of Food, Drugs, and Cosmetics › Chapter 5.2. Food Handlers › 16-42-5.2-1. Local Regulation Precluded

Sec. 1. Except as provided in this chapter, a corporation or local health department may not impose any registration, certification, or licensing requirements on food handling or certified food protection managers.
As added by P.L.266-2001, SEC.16. Amended by P.L.45-2020, SEC.10.
2023 Indiana Code › Title 16. Health › Article 42. Regulation of Food, Drugs, and Cosmetics › Chapter 5.2. Food Handlers › 16-42-5.2-2. Exempt Food Establishments

Sec. 2. This chapter does not apply to a food establishment when the food establishment's food handling activities do not include the cooking of raw food of an animal origin or are limited to one (1) or more of the following:
(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 beverages or ice.
(4) Preparing or serving packaged or unpackaged low hazard foods, including elephant ears, funnel cakes, cotton candy, confectionaries, baked goods, popcorn, and chips and grinding coffee beans.
(5) Providing prepackaged food in its original package.
As added by P.L.266-2001, SEC.16. Amended by P.L.139-2005, SEC.1; P.L.45-2020, SEC.11.
2023 Indiana Code › Title 16. Health › Article 42. Regulation of Food, Drugs, and Cosmetics › Chapter 5.2. Food Handlers › 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 to file disclosure statements under IC 12-10-15.
(4) Continuing care retirement communities required to file disclosure statements under IC 23-2-4.
(5) Community mental health centers (as defined in IC 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 that provides food under a nutrition service program. However, the premises where the food is prepared is not exempt from the requirements under this chapter.
(8) A food pantry that:
(A) is operated or affiliated with a nonprofit organization that is exempt from federal income taxation under Section 501(c)(3) of the Internal Revenue Code; and
(B) distributes food, which may include food from the United States Department of Agriculture, to needy persons.
However, a food bank or other facility that distributes donated food to other organizations is not exempt from the requirements of 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.
2023 Indiana Code › Title 16. Health › Article 42. Regulation of Food, Drugs, and Cosmetics › Chapter 5.2. Food Handlers › 16-42-5.2-3.5. Exempt Organizations

Sec. 3.5. (a) An organization that is exempt from the state gross retail tax under IC 6-2.5-5-21(b)(1)(B), IC 6-2.5-5-21(b)(1)(C), or IC 6-2.5-5-21(b)(1)(D) is exempt from complying with the requirements of this chapter.
(b) This section does not prohibit an exempted organization from waiving the exemption and using a certified food protection manager.
As added by P.L.139-2005, SEC.3. Amended by P.L.45-2020, SEC.12.
2023 Indiana Code › Title 16. Health › Article 42. Regulation of Food, Drugs, and Cosmetics › Chapter 5.2. Food Handlers › 16-42-5.2-3.7. "Certificate"

Sec. 3.7. As used in this chapter, "certificate" means a certificate, letter, or other document that verifies that the individual has passed an accreditation examination given by an accredited testing service recognized by the Conference for Food Protection or an equivalent nationally recognized certification program as determined by the state department.
As added by P.L.45-2020, SEC.13. Amended by P.L.56-2023, SEC.168.
2023 Indiana Code › Title 16. Health › Article 42. Regulation of Food, Drugs, and Cosmetics › Chapter 5.2. Food Handlers › 16-42-5.2-4. "Certified Food Protection Manager"

Sec. 4. As used in this chapter, "certified food protection manager" means a food handler who holds a certificate.
As added by P.L.266-2001, SEC.16. Amended by P.L.45-2020, SEC.14.
2023 Indiana Code › Title 16. Health › Article 42. Regulation of Food, Drugs, and Cosmetics › Chapter 5.2. Food Handlers › 16-42-5.2-7.1. Certified Food Protection Manager Duties

Sec. 7.1. (a) A certified food protection manager must do the following:
(1) Provide the food establishment where the certified food protection manager is employed with a copy of the individual's certificate and photo identification card.
(2) Obtain a valid certificate every five (5) years.
(b) An individual may not work as a certified food protection manager with an expired certificate.
As added by P.L.45-2020, SEC.18.
2023 Indiana Code › Title 16. Health › Article 42. Regulation of Food, Drugs, and Cosmetics › Chapter 5.2. Food Handlers › 16-42-5.2-7.5. Certification Required to Use Title

Sec. 7.5. An individual may not use the title "certified food protection manager" or indicate that the individual is a certified food protection manager unless the individual holds a valid certificate.
As added by P.L.45-2020, SEC.19.
2023 Indiana Code › Title 16. Health › Article 42. Regulation of Food, Drugs, and Cosmetics › Chapter 5.2. Food Handlers › 16-42-5.2-8. Presence of Certified Food Protection Manager; Variances

Sec. 8. (a) A food establishment must have at least one (1) certified food protection manager responsible for all periods of the food establishment's operation. However, a certified food protection manager need not be present at the food establishment during all hours of operation.
(b) Notwithstanding subsection (a), if the state department and food establishment enter into a variance concerning requirements for the operation of the food establishment, a certified food protection manager may be required to be present at the food establishment during all hours of operation if agreed upon in the variance.
As added by P.L.266-2001, SEC.16. Amended by P.L.45-2020, SEC.20.
2023 Indiana Code › Title 16. Health › Article 42. Regulation of Food, Drugs, and Cosmetics › Chapter 5.2. Food Handlers › 16-42-5.2-8.5. Food Establishment Duties

Sec. 8.5. A food establishment must do the following:
(1) Provide the name and copies of the certificate and photo identification card for the certified food protection manager to an inspector from a governmental regulatory authority.
(2) Remove the certificate from the food establishment when the certified food protection manager terminates employment with the food establishment.
As added by P.L.45-2020, SEC.21.
2023 Indiana Code › Title 16. Health › Article 42. Regulation of Food, Drugs, and Cosmetics › Chapter 5.2. Food Handlers › 16-42-5.2-9. Time Requirements; Food Establishment Beginning Operation or Changing Ownership

Sec. 9. A food establishment that begins operation or changes ownership shall comply with section 8 of this chapter not later than six (6) months after beginning operation or changing ownership.
As added by P.L.266-2001, SEC.16. Amended by P.L.45-2020, SEC.22.
2023 Indiana Code › Title 16. Health › Article 42. Regulation of Food, Drugs, and Cosmetics › Chapter 5.2. Food Handlers › 16-42-5.2-10. Time Requirements; Certified Food Protection Manager Terminating Employment

Sec. 10. If a food establishment does not have a certified food protection manager because a certified food protection manager terminates employment with the food establishment, the owner or operator of the food establishment shall comply with section 8 of this chapter not later than three (3) months after the termination date of the previous certified food protection manager.
As added by P.L.266-2001, SEC.16. Amended by P.L.45-2020, SEC.23.
2023 Indiana Code › Title 16. Health › Article 42. Regulation of Food, Drugs, and Cosmetics › Chapter 5.2. Food Handlers › 16-42-5.2-11. Multiple Food Establishments on Same Property

Sec. 11. If more than one (1) food establishment operated by the same individual is located on the same property or on contiguous properties, only one (1) certified food protection manager is required for the food establishments.
As added by P.L.266-2001, SEC.16. Amended by P.L.45-2020, SEC.24.
2023 Indiana Code › Title 16. Health › Article 42. Regulation of Food, Drugs, and Cosmetics › Chapter 5.2. Food Handlers › 16-42-5.2-12. Penalties

Sec. 12. (a) An individual who violates any of the provisions of this chapter before July 1, 2020, is subject to the penalties prescribed by the executive board under section 13 of this chapter. This subsection expires January 1, 2021.
(b) After June 30, 2020, a person that violates section 7.1(b) of this chapter is subject to a civil penalty not to exceed fifty dollars ($50) per day per violation.
(c) After June 30, 2020, a person that violates section 7.1(a)(1), 7.5, 8, 8.5, 9, or 10 of this chapter is subject to a civil penalty not to exceed one hundred dollars ($100) per day per violation.
As added by P.L.266-2001, SEC.16. Amended by P.L.45-2020, SEC.25.
2023 Indiana Code › Title 16. Health › Article 42. Regulation of Food, Drugs, and Cosmetics › Chapter 5.2. Food Handlers › 16-42-5.2-13. Adoption of Rules

Sec. 13. The executive board may 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. Amended by P.L.45-2020, SEC.26.
2023 Indiana Code › Title 16. Health › Article 42. Regulation of Food, Drugs, and Cosmetics › Chapter 5.2. Food Handlers › 16-42-5.2-14. Local Authority to Issue a Permit

Sec. 14. This chapter does not limit the authority of a corporation or local health department to require a permit for retail food establishments.
As added by P.L.266-2001, SEC.16. Amended by P.L.45-2020, SEC.27.
2023 Indiana Code › Title 16. Health › Article 42. Regulation of Food, Drugs, and Cosmetics › Chapter 5.2. Food Handlers › 16-42-5.2-15. Local Enforcement

Sec. 15. A corporation or local health department may, upon application to and approval of the state department, enforce the provisions of this chapter.
As added by P.L.266-2001, SEC.16.
2023 Indiana Code › Title 16. Health › Article 42. Regulation of Food, Drugs, and Cosmetics › Chapter 5.3. Home Based Food Products › 16-42-5.3-1. Definitions

Sec. 1. (a) As used in this chapter, "end consumer" means a person who is the last person to purchase any food product and who does not resell the food product.
(b) As used in this chapter, "roadside stand" means a structure, including a tent, stand, vehicle, or trailer that is:
(1) visible from a road; and
(2) located not more than one hundred (100) feet from the edge of the side of the road;
where whole uncut produce, food products that are not potentially hazardous, poultry that is exempt under IC 15-17-5-11, rabbits, or eggs permitted for sale by the state egg board are sold to an end consumer.
As added by P.L.49-2022, SEC.4.
2023 Indiana Code › Title 16. Health › Article 42. Regulation of Food, Drugs, and Cosmetics › Chapter 5.3. Home Based Food Products › 16-42-5.3-2. Home Based Vendor

Sec. 2. A person may prepare and sell food products as a home based vendor if the person complies with the requirements of this chapter.
As added by P.L.49-2022, SEC.4.
2023 Indiana Code › Title 16. Health › Article 42. Regulation of Food, Drugs, and Cosmetics › Chapter 5.3. Home Based Food Products › 16-42-5.3-3. Exemption From Food Establishment Requirements

Sec. 3. The production and sale of food products by a home based vendor in accordance with this chapter are exempt from the requirements of this title that apply to food establishments.
As added by P.L.49-2022, SEC.4.
2023 Indiana Code › Title 16. Health › Article 42. Regulation of Food, Drugs, and Cosmetics › Chapter 5.3. Home Based Food Products › 16-42-5.3-4. Requirements for the Preparation and Sale of a Food Product

Sec. 4. A home based vendor shall prepare and sell only a food product that is:
(1) made, grown, or raised by an individual at the individual's primary residence, including any permanent structure that is on the same property as the residence;
(2) not a potentially hazardous food product;
(3) prepared using proper sanitary procedures, including:
(A) proper hand washing;
(B) sanitizing the container or other packaging in which the food product is contained;
(C) storing the food product safely;
(D) producing the food product in a food preparation or packaging area in which animals are not present; and
(E) cleaning and sanitizing of surfaces that have contact with the food product;
(4) not resold;
(5) sold in person, by telephone, or through the Internet; and
(6) delivered to the end consumer in person, by mail, or by a third party carrier.
As added by P.L.49-2022, SEC.4.
2023 Indiana Code › Title 16. Health › Article 42. Regulation of Food, Drugs, and Cosmetics › Chapter 5.3. Home Based Food Products › 16-42-5.3-5. Labeling Requirements

Sec. 5. (a) A home based vendor shall include a label for packaged food or a sign for unpackaged food that contains the following information:
(1) The name and address of the producer of the food product.
(2) The common or usual name of the food product.
(3) The ingredients of the food product, in descending order by predominance by weight.
(4) The net weight or volume of the food product by standard measure or numerical count.
(5) The date on which the food product was processed.
(6) The following statement in at least 10 point type: "This product is home produced and processed and the production area has not been inspected by the Indiana Department of Health. NOT FOR RESALE.".
(b) A home based vendor shall post the label of each food product on the vendor's website.
As added by P.L.49-2022, SEC.4. Amended by P.L.56-2023, SEC.169.
2023 Indiana Code › Title 16. Health › Article 42. Regulation of Food, Drugs, and Cosmetics › Chapter 5.3. Home Based Food Products › 16-42-5.3-6. Shipping and Delivery of a Food Product

Sec. 6. (a) A home based vendor may not ship or deliver a food product to an end consumer who is located outside Indiana.
(b) A home based vendor shall do the following:
(1) Ship or deliver a food product in a sealed package that allows an end consumer to determine whether the product has been tampered with.
(2) Maintain a record of the shipping or delivery address of each end consumer the vendor sells a food product to for at least one (1) year after the date of the sale.
(3) Upon request, provide a record described in subdivision (2) to the state department.
As added by P.L.49-2022, SEC.4.
2023 Indiana Code › Title 16. Health › Article 42. Regulation of Food, Drugs, and Cosmetics › Chapter 5.3. Home Based Food Products › 16-42-5.3-7. Food Handler Certificate

Sec. 7. (a) A home based vendor shall obtain a food handler certificate from a certificate issuer that is accredited by the American National Standards Institute.
(b) Upon request, a home based vendor shall provide a copy of the food handler certificate required by subsection (a) to the state department or an end consumer.
(c) A home based vendor shall provide a copy of the food handler certificate required by subsection (a) to the local health department in the county where the home based vendor's residence is located.
As added by P.L.49-2022, SEC.4.
2023 Indiana Code › Title 16. Health › Article 42. Regulation of Food, Drugs, and Cosmetics › Chapter 5.3. Home Based Food Products › 16-42-5.3-8. Food Sampling and Inspection; Powers of the State Department

Sec. 8. (a) A home based vendor is subject to food sampling and inspection if:
(1) the state department determines that the home based vendor's food product is:
(A) misbranded under IC 16-42-2-3; or
(B) adulterated; or
(2) a consumer complaint has been received by the state department.
(b) If the state department has reason to believe that an imminent health hazard exists with respect to a home based vendor's food product, 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.
(c) 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 a home based vendor and inspect any food products in those places and all pertinent equipment, materials, containers, and labeling.
As added by P.L.49-2022, SEC.4.
2023 Indiana Code › Title 16. Health › Article 42. Regulation of Food, Drugs, and Cosmetics › Chapter 5.3. Home Based Food Products › 16-42-5.3-9. Development of Guidelines

Sec. 9. The state health commissioner may develop guidelines for the requirements described in this chapter, including:
(1) standards for best safe food handling practices;
(2) disease control measures; and
(3) standards for potable water sources.
As added by P.L.49-2022, SEC.4.
2023 Indiana Code › Title 16. Health › Article 42. Regulation of Food, Drugs, and Cosmetics › Chapter 5.3. Home Based Food Products › 16-42-5.3-10. Sale of Poultry and Rabbits at a Farmers' Market or Roadside Stand; Exemption From Food Establishment Requirements

Sec. 10. (a) This section applies to the sale of poultry and rabbits by an individual vendor of a farmers' market or roadside stand.
(b) The following products are exempt from the requirements of this title that apply to food establishments:
(1) Poultry products produced under IC 15-17-5-11. Poultry products sold at a farmers' market or roadside stand must be frozen at the point of sale. Poultry products sold on the farm where the product is produced must be kept refrigerated at the point of sale and through delivery by the producer to the end consumer.
(2) Rabbits that are slaughtered and processed on a farm for the purpose of conducting limited sales on the farm, at a farmers' market, and at a roadside stand. Rabbit meat sold at a farmers' market or roadside stand must be frozen at the point of sale. Rabbit meat sold on the farm where the product is produced must be kept refrigerated at the point of sale and through delivery by the producer to the end consumer. An individual who sells rabbits under this subsection shall comply with the label requirements set forth in this chapter.
(c) This section does not apply to the distribution of meat from a game animal.
As added by P.L.49-2022, SEC.4.
2023 Indiana Code › Title 16. Health › Article 42. Regulation of Food, Drugs, and Cosmetics › Chapter 5.3. Home Based Food Products › 16-42-5.3-11. Sale of Eggs; Exemption for Sale of Eggs or Whole Uncut Produce by Certain Individual Vendors

Sec. 11. (a) IC 16-42-11 applies to the sale of eggs under this chapter.
(b) An individual vendor of a farmers' market or roadside stand is exempt from the requirements of this title that apply to a food establishment relating to the sale of eggs or whole uncut produce.
As added by P.L.49-2022, SEC.4. Amended by P.L.147-2023, SEC.27.
2023 Indiana Code › Title 16. Health › Article 42. Regulation of Food, Drugs, and Cosmetics › Chapter 5.3. Home Based Food Products › 16-42-5.3-12. Prohibition on an Ordinance or Resolution Requiring Licensure, Certification, or Inspection

Sec. 12. Notwithstanding any other law, a local unit of government (as defined in IC 14-22-31.5-1) may not by ordinance or resolution require any licensure, certification, or inspection of foods or food products of a home based vendor or an individual vendor who prepares and sells food products under this chapter.
As added by P.L.49-2022, SEC.4.