reglab/statecodes huggingface dataset:
Indiana Administrative Code › Title 410 - INDIANA DEPARTMENT OF HEALTH › Article 7 - FOOD AND DRUGS › Rule 24 - Sanitary Standards for the Operation of Retail Food Establishments › Section 24-84 - "Service animal" defined

Current through July 10, 2024
Authority: IC
				  16-42-5-5
Affected: IC 16-42-5
Sec. 84.
"Service animal" means a professionally trained animal, such
				  as a guide dog, signal dog, or other animal that provides assistance to an
				  individual with a disability.
Indiana Administrative Code › Title 410 - INDIANA DEPARTMENT OF HEALTH › Article 7 - FOOD AND DRUGS › Rule 24 - Sanitary Standards for the Operation of Retail Food Establishments › Section 24-85 - "Servicing area" defined

Current through July 10, 2024
Authority: IC
				  16-42-5-5
Affected: IC 16-42-5
Sec. 85.
"Servicing area" means an operating base location to which a
				  mobile retail food establishment or transportation vehicle returns for such
				  functions as the following:
(1)
				Vehicle and equipment cleaning.
(2)
				Discharging liquid or solid wastes.
(3) Refilling water tanks and ice
				bins.
(4) Boarding food.
Indiana Administrative Code › Title 410 - INDIANA DEPARTMENT OF HEALTH › Article 7 - FOOD AND DRUGS › Rule 24 - Sanitary Standards for the Operation of Retail Food Establishments › Section 24-86 - "Sewage" defined

Current through July 10, 2024
Authority: IC
				  16-42-5-5
Affected: IC 16-42-5
Sec. 86.
"Sewage" means liquid waste containing animal or vegetable
				  matter in suspension or solution and may include liquids containing chemicals
				  in solution.
Indiana Administrative Code › Title 410 - INDIANA DEPARTMENT OF HEALTH › Article 7 - FOOD AND DRUGS › Rule 24 - Sanitary Standards for the Operation of Retail Food Establishments › Section 24-87 - "Shellfish control authority" defined

Current through July 10, 2024
Authority: IC
				  16-42-5-5
Affected: IC 16-42-5
Sec. 87.
"Shellfish control authority" means a state, federal,
				  foreign, tribal, or other government entity legally responsible for
				  administering a program that includes certification of molluscan shellfish
				  harvesters and dealers for interstate commerce.
Indiana Administrative Code › Title 410 - INDIANA DEPARTMENT OF HEALTH › Article 7 - FOOD AND DRUGS › Rule 24 - Sanitary Standards for the Operation of Retail Food Establishments › Section 24-88 - "Shellstock" defined

Current through July 10, 2024
Authority: IC
				  16-42-5-5
Affected: IC 16-42-5
Sec. 88.
"Shellstock" means raw, in-shell molluscan
				  shellfish.
Indiana Administrative Code › Title 410 - INDIANA DEPARTMENT OF HEALTH › Article 7 - FOOD AND DRUGS › Rule 24 - Sanitary Standards for the Operation of Retail Food Establishments › Section 24-89 - "Shiga toxin-producing Escherichia coli" defined

Current through July 10, 2024
Authority: IC
				  16-42-5-5
Affected: IC 16-42-5
Sec. 89.
"Shiga toxin-producing Escherichia coli" means any
				  Escherichia coli capable of producing Shiga toxins (also called verocytotoxins
				  or "Shiga-like" toxins). This includes, but is not limited to, Escherichia coli
				  reported as serotype O157:H7, O157:NM, and O157:H-.
Indiana Administrative Code › Title 410 - INDIANA DEPARTMENT OF HEALTH › Article 7 - FOOD AND DRUGS › Rule 24 - Sanitary Standards for the Operation of Retail Food Establishments › Section 24-90 - "Shucked shellfish" defined

Current through July 10, 2024
Authority: IC
				  16-42-5-5
Affected: IC 16-42-5
Sec. 90.
"Shucked shellfish" means molluscan shellfish that have one
				  (1) or both shells removed.
Indiana Administrative Code › Title 410 - INDIANA DEPARTMENT OF HEALTH › Article 7 - FOOD AND DRUGS › Rule 24 - Sanitary Standards for the Operation of Retail Food Establishments › Section 24-91 - "Single-service articles" defined

Current through July 10, 2024
Authority: IC
				  16-42-5-5
Affected: IC 16-42-5
Sec. 91.
"Single-service articles" means tableware, carry-out
				  utensils, and other items, such as:
(1) bags;
(2) containers;
(3) place mats;
(4) stirrers;
(5) straws;
(6) toothpicks; and
(7) wrappers;
that are designed and constructed for one (1) time, one (1)
				  person use after which they are intended for discard.
Indiana Administrative Code › Title 410 - INDIANA DEPARTMENT OF HEALTH › Article 7 - FOOD AND DRUGS › Rule 24 - Sanitary Standards for the Operation of Retail Food Establishments › Section 24-92 - "Single-use articles" defined

Current through July 10, 2024
Authority: IC
				  16-42-5-5
Affected: IC 16-42-5
Sec. 92.
(a)
				"Single-use articles" means utensils and bulk food containers designed and
				constructed to be used once and discarded.
(b) The term includes items, such as:
(1) wax paper;
(2) butcher paper;
(3) plastic wrap;
(4) formed aluminum food
				containers;
(5) jars;
(6) plastic tubs or buckets;
(7) bread wrappers;
(8) pickle barrels;
(9) ketchup bottles; and
(10) number ten (10) cans;
that do not meet the materials, durability, strength, and
				  cleanability specifications under sections 205, 217, and 229 of this rule for
				  multiuse utensils.
Indiana Administrative Code › Title 410 - INDIANA DEPARTMENT OF HEALTH › Article 7 - FOOD AND DRUGS › Rule 24 - Sanitary Standards for the Operation of Retail Food Establishments › Section 24-93 - "Slacking" defined

Current through July 10, 2024
Authority: IC
				  16-42-5-5
Affected: IC 16-42-5
Sec. 93.
"Slacking" means the process of moderating the temperature of
				  a food, such as allowing a food to gradually increase from a temperature of
				  minus ten (10) degrees Fahrenheit to twenty-five (25) degrees Fahrenheit in
				  preparation for deep-fat frying or to facilitate even heat penetration during
				  the cooking of previously block-frozen food, such as kale.
Indiana Administrative Code › Title 410 - INDIANA DEPARTMENT OF HEALTH › Article 7 - FOOD AND DRUGS › Rule 24 - Sanitary Standards for the Operation of Retail Food Establishments › Section 24-94 - "Smooth" defined

Current through July 10, 2024
Authority: IC
				  16-42-5-5
Affected: IC 16-42-5
Sec. 94.
"Smooth" means the following:
(1) A food-contact surface having a surface
				free of pits and inclusions with a cleanability equal to or exceeding that of
				one hundred (100) grit number three (3) stainless steel.
(2) A nonfood-contact surface of equipment
				having a surface equal to that of commercial grade hot-rolled steel free of
				visible scale.
(3) A floor, wall,
				or ceiling having an even or level surface with no roughness or projections
				that render it difficult to clean.
Indiana Administrative Code › Title 410 - INDIANA DEPARTMENT OF HEALTH › Article 7 - FOOD AND DRUGS › Rule 24 - Sanitary Standards for the Operation of Retail Food Establishments › Section 24-95 - "Table-mounted equipment" defined

Current through July 10, 2024
Authority: IC
				  16-42-5-5
Affected: IC 16-42-5
Sec. 95.
"Table-mounted equipment" means equipment that is not
				  portable and is designed to be mounted off the floor on a table, counter, or
				  shelf.
Indiana Administrative Code › Title 410 - INDIANA DEPARTMENT OF HEALTH › Article 7 - FOOD AND DRUGS › Rule 24 - Sanitary Standards for the Operation of Retail Food Establishments › Section 24-96 - "Tableware" defined

Current through July 10, 2024
Authority: IC
				  16-42-5-5
Affected: IC 16-42-5
Sec. 96.
"Tableware" means:
(1) eating, drinking, and serving utensils
				for table use, such as flatware, including:
(A) forks;
(B) knives; and
(C) spoons;
Indiana Administrative Code › Title 410 - INDIANA DEPARTMENT OF HEALTH › Article 7 - FOOD AND DRUGS › Rule 24 - Sanitary Standards for the Operation of Retail Food Establishments › Section 24-97 - "Temperature measuring device" defined

Current through July 10, 2024
Authority: IC
				  16-42-5-5
Affected: IC 16-42-5
Sec. 97.
"Temperature measuring device" means:
(1) a thermometer;
(2) a thermocouple;
(3) a thermistor; or
(4) other device;
that indicates the temperature of food, air, or
				  water.
Indiana Administrative Code › Title 410 - INDIANA DEPARTMENT OF HEALTH › Article 7 - FOOD AND DRUGS › Rule 24 - Sanitary Standards for the Operation of Retail Food Establishments › Section 24-98 - "Temporary food establishment" defined

Current through July 10, 2024
Authority: IC
				  16-42-5-5
Affected: IC 16-42-5
Sec. 98.
"Temporary food establishment" means a retail food
				  establishment that operates for a period of no more than fourteen (14)
				  consecutive days in conjunction with a single event or celebration with the
				  approval of the organizers of the event or celebration.
Indiana Administrative Code › Title 410 - INDIANA DEPARTMENT OF HEALTH › Article 7 - FOOD AND DRUGS › Rule 24 - Sanitary Standards for the Operation of Retail Food Establishments › Section 24-99 - "USDA" defined

Current through July 10, 2024
Authority: IC
				  16-42-5-5
Affected: IC 16-42-5
Sec. 99.
"USDA" means the United States Department of
				  Agriculture.
Indiana Administrative Code › Title 410 - INDIANA DEPARTMENT OF HEALTH › Article 7 - FOOD AND DRUGS › Rule 24 - Sanitary Standards for the Operation of Retail Food Establishments › Section 24-100 - "Utensil" defined

Current through July 10, 2024
Authority: IC
				  16-42-5-5
Affected: IC 16-42-5
Sec. 100.
"Utensil" means a food-contact implement or container used in
				  the storage, preparation, transportation, dispensing, sale, or service of food,
				  such as the following:
(1) Kitchenware
				or tableware that is multiuse, single-service, or single-use.
(2) Gloves used in contact with
				food.
(3) Food temperature
				measuring devices.
(4) Probe-type
				price or identification tags used in contact with food.
Indiana Administrative Code › Title 410 - INDIANA DEPARTMENT OF HEALTH › Article 7 - FOOD AND DRUGS › Rule 24 - Sanitary Standards for the Operation of Retail Food Establishments › Section 24-101 - "Variance" defined

Current through July 10, 2024
Authority: IC
				  16-42-5-5
Affected: IC 16-42-5
Sec. 101.
"Variance" means a written document issued by the department
				  upon demonstration of good cause by the person requesting the variance that
				  authorizes a waiver, modification, or deviation from one (1) or more of the
				  state rules concerning food handling machinery or sanitary standards for the
				  operation of food establishments.
Indiana Administrative Code › Title 410 - INDIANA DEPARTMENT OF HEALTH › Article 7 - FOOD AND DRUGS › Rule 24 - Sanitary Standards for the Operation of Retail Food Establishments › Section 24-102 - "Vending machine" defined

Current through July 10, 2024
Authority: IC
				  16-42-5-5
Affected: IC 16-42-5
Sec. 102.
"Vending machine" means a self-service device that, upon
				  activation, such as through the insertion of a:
(1) coin;
(2) paper currency;
(3) token;
(4) card; or
(5) key;
or by optional manual operation, dispenses unit servings of
				  food in bulk or in packages without the necessity of replenishing the device
				  between each vending operation.
Indiana Administrative Code › Title 410 - INDIANA DEPARTMENT OF HEALTH › Article 7 - FOOD AND DRUGS › Rule 24 - Sanitary Standards for the Operation of Retail Food Establishments › Section 24-103 - "Vending machine location" defined

Current through July 10, 2024
Authority: IC
				  16-42-5-5
Affected: IC 16-42-5
Sec. 103.
"Vending machine location" means the:
(1) room;
(2) enclosure;
(3) space; or
(4) area;
where one (1) or more vending machines are installed and
				  operated and includes the storage areas and areas on the premises that are used
				  to service and maintain the vending machines.
Indiana Administrative Code › Title 410 - INDIANA DEPARTMENT OF HEALTH › Article 7 - FOOD AND DRUGS › Rule 24 - Sanitary Standards for the Operation of Retail Food Establishments › Section 24-104 - "Warewashing" defined

Current through July 10, 2024
Authority: IC
				  16-42-5-5
Affected: IC 16-42-5
Sec. 104.
"Warewashing" means the cleaning and sanitizing of
				  food-contact surfaces of equipment and utensils.
Indiana Administrative Code › Title 410 - INDIANA DEPARTMENT OF HEALTH › Article 7 - FOOD AND DRUGS › Rule 24 - Sanitary Standards for the Operation of Retail Food Establishments › Section 24-105 - "Whole-muscle, intact beef" defined

Current through July 10, 2024
Authority: IC
				  16-42-5-5
Affected: IC 16-42-5
Sec. 105.
"Whole-muscle, intact beef" means whole muscle beef that is
				  not:
(1) injected;
(2) mechanically tenderized;
(3) reconstructed; or
(4) scored and marinated;
from which beef steaks may be cut.
Indiana Administrative Code › Title 410 - INDIANA DEPARTMENT OF HEALTH › Article 7 - FOOD AND DRUGS › Rule 24 - Sanitary Standards for the Operation of Retail Food Establishments › Section 24-106 - Public health protection

Current through July 10, 2024
Authority: IC
				  16-42-5-5
Affected: IC 16-42-5
Sec. 106.
(a) The
				regulatory authority shall uniformly apply this rule to all retail food
				establishments in a reasonable manner that promotes its underlying purpose of
				safeguarding public health and ensuring that food is:
(1) safe;
(2) not misbranded;
(3) unadulterated; and
(4) honestly presented;
when offered to the consumer.
Indiana Administrative Code › Title 410 - INDIANA DEPARTMENT OF HEALTH › Article 7 - FOOD AND DRUGS › Rule 24 - Sanitary Standards for the Operation of Retail Food Establishments › Section 24-107 - Prerequisite for operation

Current through July 10, 2024
Authority: IC
				  16-42-5-5
Affected: IC
				  16-42-1-6;
				  IC 16-42-5
Sec. 107.
(a) A
				person may not operate a retail food establishment without first having
				registered with the department as required under IC
				16-42-1-6.
(b) A retail food establishment registered
				with a local health department or other regulatory authority shall be
				considered registered with the department under IC
				16-42-1-6.
(c) To allow verification that the retail
				food establishment is constructed, equipped, and otherwise meets the
				requirements of this rule, the regulatory authority shall be notified of an
				intent to operate at least thirty (30) days before registering under this
				rule.
(d) From one (1) year of the
				effective date of this rule, the owner or operator of the retail food
				establishment shall maintain at least one (1) copy of this rule on the premises
				at all times. Immediate electronic access to this rule shall be considered
				acceptable in meeting this requirement.
(e) For purposes of this section, a violation
				of subsections (a) through (d) is a noncritical item.
Indiana Administrative Code › Title 410 - INDIANA DEPARTMENT OF HEALTH › Article 7 - FOOD AND DRUGS › Rule 24 - Sanitary Standards for the Operation of Retail Food Establishments › Section 24-108 - Access allowed at reasonable times after due notice

Current through July 10, 2024
Authority: IC
				  16-42-5-5
Affected: IC 16-42-5
Sec. 108.
(a) After
				the regulatory authority presents official credentials and expresses an intent
				to conduct an inspection, investigation, or to collect food samples, the
				person-in-charge shall allow the regulatory authority to determine if the
				retail food establishment is in compliance with this rule by allowing access to
				the establishment, and providing information and records specified in this rule
				and to which the regulatory authority is entitled according to law, during the
				retail food establishment's hours of operation and other reasonable
				times.
(b) For purposes of this
				section, a violation of subsection (a) is a noncritical item.
Indiana Administrative Code › Title 410 - INDIANA DEPARTMENT OF HEALTH › Article 7 - FOOD AND DRUGS › Rule 24 - Sanitary Standards for the Operation of Retail Food Establishments › Section 24-109 - Ceasing operations, reporting, and resumption of operations

Current through July 10, 2024
Authority: IC
				  16-42-5-5
Affected: IC 16-42-5
Sec. 109.
(a) Except
				as specified in subsection (b), the owner or operator of the retail food
				establishment shall immediately discontinue operations and notify the
				regulatory authority if an imminent health hazard may exist because of an
				emergency, such as the following:
(1)
				Fire.
(2) Flood.
(3) An extended interruption of electrical or
				water service.
(4) A sewage
				backup.
(5) A misuse of poisonous
				or toxic materials.
(6) An onset of
				an apparent foodborne illness outbreak.
(7) A gross insanitary occurrence or
				condition.
(8) Other circumstance
				that may endanger public health.
Indiana Administrative Code › Title 410 - INDIANA DEPARTMENT OF HEALTH › Article 7 - FOOD AND DRUGS › Rule 24 - Sanitary Standards for the Operation of Retail Food Establishments › Section 24-110 - Requirement for facility and operating plans

Current through July 10, 2024
Authority: IC
				  16-42-5-5
Affected: IC 16-42-5
Sec. 110.
(a) The
				owner or other authorized agent of an existing or proposed retail food
				establishment shall submit to the regulatory authority properly prepared plans
				and specifications for review before any of the following:
(1) The construction of a retail food
				establishment.
(2) The conversion
				of an existing structure for use as a retail food establishment.
(3) The remodeling of a retail food
				establishment or a change of type of retail food establishment or food
				operation if the regulatory authority determines that plans and specifications
				are necessary to ensure compliance with this rule.
The retail food establishment owner or operator should use
				  the 2000 Food Establishment Plan Review Guide and the temporary retail food
				  establishment owner or operator should use the 2000 Pre-Operational Guide for
				  Temporary Retail Food Establishment Plan Review Guide, both as published by the
				  U.S. Food and Drug Administration and the Conference for Food Protection, as a
				  source for determining recommended equipment specifications and operational
				  standards for retail food establishments/temporary retail food
				  establishments.
Indiana Administrative Code › Title 410 - INDIANA DEPARTMENT OF HEALTH › Article 7 - FOOD AND DRUGS › Rule 24 - Sanitary Standards for the Operation of Retail Food Establishments › Section 24-111 - Contents and specifications for facility and operating plans

Current through July 10, 2024
Authority: IC
				  16-42-5-5
Affected: IC 16-42-5
Sec. 111.
(a) The
				plans and specifications for a retail food establishment shall include, as
				required by the regulatory authority based on the type of operation, type of
				food preparation, and foods prepared, the following information to demonstrate
				compliance with this rule:
(1) Intended
				menu.
(2) Anticipated volume of
				food to be stored, prepared, and sold or served.
(3) Proposed layout, mechanical schematics,
				construction materials, and finish schedules.
(4) Proposed equipment types, manufacturers,
				model numbers, locations, dimensions, performance capacities, and installation
				specifications.
(5) Evidence that
				standard procedures that ensure compliance with this rule are developed or are
				being developed.
(6) Other
				information that may be required by the regulatory authority for the proper
				review of the proposed construction, conversion, or modification, and
				procedures for operating a retail food establishment.
Indiana Administrative Code › Title 410 - INDIANA DEPARTMENT OF HEALTH › Article 7 - FOOD AND DRUGS › Rule 24 - Sanitary Standards for the Operation of Retail Food Establishments › Section 24-112 - Food equipment; certification and classification

Current through July 10, 2024
Authority: IC
				  16-42-5-5
Affected: IC 16-42-5
Sec. 112.
(a) Food
				equipment that is certified or classified for sanitation by an American
				National Standards Institute accredited certification program will be deemed to
				comply with sections 161, 205 through 213, 215 through 217, 219 through 226,
				229 through 232, 253 through 256, 261 through 266, 271, 277 through 282, 288,
				305 through 306, and 333 of this rule.
(b) For purposes of this section, a violation
				of subsection (a) is a noncritical item.
Indiana Administrative Code › Title 410 - INDIANA DEPARTMENT OF HEALTH › Article 7 - FOOD AND DRUGS › Rule 24 - Sanitary Standards for the Operation of Retail Food Establishments › Section 24-113 - Mobile retail food establishment

Current through July 10, 2024
Authority: IC
				  16-42-5-5
Affected: IC 16-42-5
Sec. 113.
(a) A
				mobile retail food establishment must be physically transported to a commissary
				or servicing area, or both, at least once daily for all:
(1) supplies;
(2) cleaning; and
(3) servicing operations.
Indiana Administrative Code › Title 410 - INDIANA DEPARTMENT OF HEALTH › Article 7 - FOOD AND DRUGS › Rule 24 - Sanitary Standards for the Operation of Retail Food Establishments › Section 24-114 - Variance

Current through July 10, 2024
Authority: IC
				  16-42-5-5
Affected: IC
				  16-19-3-4.3;
				  IC
				  16-42-5-5.2
Sec. 114.
(a) An
				owner or operator of a retail food establishment may request a variance from
				one (1) or more of the sections in this rule as specified in IC
				16-19-3-4.3
				and IC
				16-42-5-5.2.
(b) An owner or operator of a retail food
				establishment that requests a variance from one (1) or more requirements of
				this rule must complete a variance application provided by the department. The
				application information must adequately and completely address all areas of
				concern described in the department's "Policy for Processing Variance
				Requests".
(c) The department will
				process the variance request in accordance with the published and posted policy
				referenced in subsection (b).
(d)
				From the effective date of this rule, an owner or operator of a retail food
				establishment shall not commence implementation of a modification to this rule
				without first obtaining approval from the department.
(e) For purposes of this section, a violation
				of subsection (a), (b), or (c) is a critical or noncritical item based on the
				determination of whether or not the violation significantly contributes to food
				contamination, an illness, or an environmental health
				hazard.
Indiana Administrative Code › Title 410 - INDIANA DEPARTMENT OF HEALTH › Article 7 - FOOD AND DRUGS › Rule 24 - Sanitary Standards for the Operation of Retail Food Establishments › Section 24-115 - Contents of a HACCP plan

Current through July 10, 2024
Authority: IC
				  16-42-5-5
Affected: IC 16-42-5
Sec. 115.
(a) For a
				retail food establishment that is required under sections 114 and 195 of this
				rule to have a HACCP plan, the plan and specifications shall indicate the
				following:
(1) A categorization of the types
				of potentially hazardous foods that are specified in the menu, such as soups,
				sauces, salads, and bulk, solid foods, such as meat roasts, or other foods that
				are specified by the regulatory authority.
(2) A flow diagram by specific food or
				category type identifying critical control points and providing information on
				the following:
(A) Ingredients, materials, and
				equipment used in the preparation of that food.
(B) Formulations or recipes that delineate
				methods and procedural control measures that address the food safety concerns
				involved.
(3) A food
				employee and supervisory training plan that addresses the food safety issues of
				concern.
(4) A statement of
				standard operating procedures for the plan under consideration including
				clearly identifying the following:
(A) Each
				critical control point.
(B) The
				critical limits for each critical control point.
(C) The method and frequency for monitoring
				and controlling each critical control point by the food employee designated by
				the person-in-charge.
(D) The
				method and frequency for the person-in-charge to routinely verify that the food
				employee is following standard operating procedures and monitoring critical
				control points.
(E) Actions to be
				taken by the person-in-charge if the critical limits for each critical control
				point are not met.
(F) Records to
				be maintained by the person-in-charge to demonstrate that the HACCP plan is
				properly operated and managed.
(5) Additional scientific data or other
				information, as required by the regulatory authority, supporting the
				determination that food safety is not compromised by the proposal.
Indiana Administrative Code › Title 410 - INDIANA DEPARTMENT OF HEALTH › Article 7 - FOOD AND DRUGS › Rule 24 - Sanitary Standards for the Operation of Retail Food Establishments › Section 24-116 - Preventing health hazards; provisions for conditions not addressed

Current through July 10, 2024
Authority: IC
				  16-42-5-5
Affected: IC 16-42-5
Sec. 116.
(a) If
				necessary to protect against public health hazards or nuisances, the regulatory
				authority may temporarily impose specific requirements in addition to the
				requirements contained in this rule that are authorized by law.
(b) The regulatory authority shall document
				the conditions that necessitate the imposition of additional requirements and
				the underlying public health rationale. The documentation shall be provided to
				the retail food establishment, and a copy shall be maintained in the regulatory
				authority's file for the retail food establishment.
(c) For purposes of this section, a violation
				of subsection (a) or (b) is a noncritical item.
Indiana Administrative Code › Title 410 - INDIANA DEPARTMENT OF HEALTH › Article 7 - FOOD AND DRUGS › Rule 24 - Sanitary Standards for the Operation of Retail Food Establishments › Section 24-117 - Assignment of supervision responsibility

Current through July 10, 2024
Authority: IC
				  16-42-5-5
Affected: IC 16-42-5
Sec. 117.
(a) The
				owner or operator of a retail food establishment shall have a person-in-charge
				present at the retail food establishment during all hours of
				operation.
(b) For purposes of this
				section, a violation of subsection (a) is a critical item.
Indiana Administrative Code › Title 410 - INDIANA DEPARTMENT OF HEALTH › Article 7 - FOOD AND DRUGS › Rule 24 - Sanitary Standards for the Operation of Retail Food Establishments › Section 24-120 - Responsibility to require reporting by food employees and applicants

Current through July 10, 2024
Authority: IC
				  16-42-5-5
Affected: IC 16-42-5
Sec. 120.
(a) The
				owner or operator of a retail food establishment shall require food employee
				applicants to whom a conditional offer of employment is made and food employees
				to report to the person-in-charge information about their health and activities
				as they relate to diseases that are transmissible through food. A food employee
				or applicant shall report the information in a manner that allows the
				person-in-charge to prevent the likelihood of foodborne disease transmission,
				including the date of onset of jaundice or of an illness specified under
				subdivision (3), if the food employee or applicant:
(1) is diagnosed with an illness due to:
(A) Salmonella spp.;
(B) Shigella spp.;
(C) Shiga toxin-producing Escherichia
				coli;
(D) hepatitis A virus;
				or
(E) norovirus; or
Indiana Administrative Code › Title 410 - INDIANA DEPARTMENT OF HEALTH › Article 7 - FOOD AND DRUGS › Rule 24 - Sanitary Standards for the Operation of Retail Food Establishments › Section 24-121 - Exclusions and restrictions

Current through July 10, 2024
Authority: IC
				  16-42-5-5
Affected: IC 16-42-5
Sec. 121.
(a) The
				person-in-charge shall do the following:
(1)
				Exclude a food employee from a retail food establishment if the food employee
				is exhibiting vomiting and/or diarrhea symptoms.
(2) Exclude a food employee from a retail
				food establishment if the food employee is diagnosed with an infectious agent
				specified under section 120(a)(1) of this rule.
(3) Except as specified under subdivision
				(4), restrict a food employee from working with exposed clean equipment,
				utensils, and linens and unwrapped single-service and single-use articles in a
				retail food establishment if the food employee is:
(A) suffering from a symptom of sore throat
				with fever as specified under section 120(a)(2) of this rule;
(B) not experiencing a symptom of acute
				gastroenteritis specified under section 120(a)(2)(A) of this rule but has a
				stool that yields a specimen culture that is positive for Salmonella spp.,
				Shigella spp., or Shiga toxin-producing Escherichia coli; or
(C) has a lesion containing pus, such as a
				boil or infected wound, that is open or draining as specified in section
				120(a)(2)(B), and is not covered with an impermeable cover.
(4) If the population served is a
				highly susceptible population, exclude a food employee who:
(A) is experiencing a symptom of acute
				gastrointestinal illness specified under section 120(a)(2)(A) of this rule and
				meets a high-risk condition specified under section 120(a)(4) of this
				rule;
(B) is not experiencing a
				symptom of acute gastroenteritis specified under section 120(a)(2)(A) of this
				rule but has a stool that yields a specimen culture that is positive for
				Salmonella spp., Shigella spp., Shiga toxin-producing Escherichia coli, or
				norovirus;
(C) had a past illness
				from Salmonella typhi without three (3) successive negative stool cultures;
				or
(D) had a past illness from
				Salmonella spp., Shigella spp., or Shiga toxin-producing Escherichia coli
				without two (2) successive negative stool cultures.
(5) For a food employee who is jaundiced, if
				the onset of jaundice occurred within the last seven (7) calendar days, exclude
				the food employee from the food establishment.
Indiana Administrative Code › Title 410 - INDIANA DEPARTMENT OF HEALTH › Article 7 - FOOD AND DRUGS › Rule 24 - Sanitary Standards for the Operation of Retail Food Establishments › Section 24-122 - Removal of exclusions and restrictions

Current through July 10, 2024
Authority: IC
				  16-42-5-5
Affected: IC 16-42-5
Sec. 122.
(a) The
				person-in-charge may remove an exclusion specified under section 121(a)(1) of
				this rule if:
(1) the employee is free of
				vomiting and/or diarrhea symptoms for at least twenty-four (24) hours;
				or
(2) the person excluded as
				specified under section 121(a)(1) of this rule provides to the person-in-charge
				written medical documentation from a physician licensed to practice medicine, a
				nurse practitioner, or a physician assistant that specifies the vomiting and/or
				diarrhea result from a chronic noninfectious agent, such as Crohn's disease,
				irritable bowel syndrome, or ulcerative colitis, or other acute noninfectious
				condition.
Indiana Administrative Code › Title 410 - INDIANA DEPARTMENT OF HEALTH › Article 7 - FOOD AND DRUGS › Rule 24 - Sanitary Standards for the Operation of Retail Food Establishments › Section 24-123 - Responsibility of a food employee or an applicant to report to the person-in-charge

Current through July 10, 2024
Authority: IC
				  16-42-5-5
Affected: IC 16-42-5
Sec. 123.
(a) A food
				employee or a person who applies for a job as a food employee shall do the
				following:
(1) In a manner specified under
				section 120 of this rule, report to the person-in-charge the information
				specified under section 120 of this rule.
(2) Comply with exclusions and restrictions
				that are specified under section 121 of this rule.
Indiana Administrative Code › Title 410 - INDIANA DEPARTMENT OF HEALTH › Article 7 - FOOD AND DRUGS › Rule 24 - Sanitary Standards for the Operation of Retail Food Establishments › Section 24-124 - Obtaining information: personal history of illness, medical examination, and specimen analysis

Current through July 10, 2024
Authority: IC
				  16-42-5-5
Affected: IC 16-42-5
Sec. 124.
(a) The
				regulatory authority shall act when it has reasonable cause to believe that a
				food employee:
(1) has possibly transmitted
				disease;
(2) may be infected with a
				disease in a communicable form that is transmissible through food;
(3) may be a carrier of infectious agents
				that cause a disease that is transmissible through food; or
(4) is affected with:
(A) a boil;
(B) an infected wound; or
(C) an acute respiratory infection.
Indiana Administrative Code › Title 410 - INDIANA DEPARTMENT OF HEALTH › Article 7 - FOOD AND DRUGS › Rule 24 - Sanitary Standards for the Operation of Retail Food Establishments › Section 24-125 - Regulatory authority restriction or exclusion of food employee

Current through July 10, 2024
Authority: IC
				  16-42-5-5
Affected: IC 16-42-5
Sec. 125.
(a) Based
				on the findings of an investigation related to a food employee who is suspected
				of being infected or diseased, the regulatory authority may issue an order to
				the suspected employee or retail food establishment instituting one (1) or more
				of the following control measures:
(1)
				Restricting the employee's services to specific areas and tasks in a retail
				food establishment that present no risk of transmitting the disease.
(2) Excluding the employee from a retail food
				establishment.
(3) Closing the
				retail food establishment in accordance with law.
Indiana Administrative Code › Title 410 - INDIANA DEPARTMENT OF HEALTH › Article 7 - FOOD AND DRUGS › Rule 24 - Sanitary Standards for the Operation of Retail Food Establishments › Section 24-126 - Restriction or exclusion order

Current through July 10, 2024
Authority: IC
				  16-42-5-5
Affected: IC 16-42-5
Sec. 126.
(a) Based
				on the findings of the investigation as specified in section 124 of this rule
				and to control disease transmission, the regulatory authority may issue an
				order of restriction or exclusion to a suspected food employee or the owner or
				operator of the retail food establishment without prior warning, notice of a
				hearing, or a hearing if the order states the following:
(1) The reasons for the restriction or
				exclusion that is ordered.
(2) The
				evidence that the food employee or the owner or operator of the retail food
				establishment shall provide in order to demonstrate that the reasons for the
				restriction or exclusion are eliminated.
(3) That the suspected food employee or the
				owner or operator of the retail food establishment may request an appeal
				hearing by submitting a timely request as provided in law.
(4) The name and address of the regulatory
				authority representative to whom a request for an appeal hearing may be
				made.
Indiana Administrative Code › Title 410 - INDIANA DEPARTMENT OF HEALTH › Article 7 - FOOD AND DRUGS › Rule 24 - Sanitary Standards for the Operation of Retail Food Establishments › Section 24-127 - Release of a food employee from restriction or exclusion

Current through July 10, 2024
Authority: IC
				  16-42-5-5
Affected: IC 16-42-5
Sec. 127.
(a) The
				regulatory authority shall release a food employee from restriction or
				exclusion according to the following conditions:
(1) If the employee's stools are negative for
				Salmonella typhi based on testing of at least three (3) consecutive stool
				specimen cultures that are taken:
(A) not
				earlier than one (1) month after onset;
(B) at least forty-eight (48) hours after
				discontinuance of antibiotics; and
(C) at least twenty-four (24) hours
				apart.
Indiana Administrative Code › Title 410 - INDIANA DEPARTMENT OF HEALTH › Article 7 - FOOD AND DRUGS › Rule 24 - Sanitary Standards for the Operation of Retail Food Establishments › Section 24-128 - Hand cleaning and drying procedure

Current through July 10, 2024
Authority: IC
				  16-42-5-5
Affected: IC 16-42-5
Sec. 128.
(a) Food
				employees shall, except as specified in section 343(c) of this rule, clean
				their hands and exposed portions of their arms with a cleaning compound at a
				hand washing sink that is equipped as specified under section 342(a) of this
				rule by vigorously rubbing together the surfaces of their lathered hands and
				arms for at least twenty (20) seconds in water having a temperature of at least
				one hundred (100) degrees Fahrenheit and thoroughly rinsing with clean water.
				Employees shall pay particular attention to the areas underneath the
				fingernails and between the fingers. A nail brush shall be used when
				provided.
(b) Food employees shall
				dry their hands utilizing the provisions under section 347 of this rule. The
				use of a common towel is prohibited.
(c) For purposes of this section, a violation
				of subsection (a) or (b) is a critical item.
Indiana Administrative Code › Title 410 - INDIANA DEPARTMENT OF HEALTH › Article 7 - FOOD AND DRUGS › Rule 24 - Sanitary Standards for the Operation of Retail Food Establishments › Section 24-129 - When to wash hands

Current through July 10, 2024
Authority: IC
				  16-42-5-5
Affected: IC 16-42-5
Sec. 129.
(a) Food
				employees shall clean their hands and exposed portions of their arms as
				specified under section 128 of this rule immediately before engaging in food
				preparation, including working with exposed food, clean equipment and utensils,
				and unwrapped single-service and single-use articles and the following:
(1) After touching bare human body parts
				other than clean hands and clean, exposed portions of arms.
(2) After using the toilet room.
(3) After caring for or handling service
				animals or aquatic animals as specified in section 435(b) of this
				rule.
(4) After coughing, sneezing,
				or using a handkerchief or disposable tissue.
(5) After drinking, other than as specified
				in section 136(b) of this rule, using tobacco, or eating.
(6) After handling soiled surfaces,
				equipment, or utensils.
(7) During
				food preparation, as often as necessary to remove soil and contamination and to
				prevent cross-contamination when changing tasks.
(8) When switching between working with raw
				food and working with ready-to-eat food.
(9) Before touching food or food-contact
				surfaces.
(10) Before placing
				gloves on hands.
(11) After
				engaging in other activities that contaminate the hands.
Indiana Administrative Code › Title 410 - INDIANA DEPARTMENT OF HEALTH › Article 7 - FOOD AND DRUGS › Rule 24 - Sanitary Standards for the Operation of Retail Food Establishments › Section 24-130 - Where to wash hands

Current through July 10, 2024
Authority: IC
				  16-42-5-5
Affected: IC 16-42-5
Sec. 130.
(a) Food
				employees shall clean their hands in a hand washing sink or approved automatic
				hand washing facility and may not clean their hands in a sink used for food
				preparation or in a service sink or a curbed cleaning facility used for the
				disposal of mop water and similar liquid waste.
(b) For purposes of this section, a violation
				of subsection (a) is a noncritical item.
Indiana Administrative Code › Title 410 - INDIANA DEPARTMENT OF HEALTH › Article 7 - FOOD AND DRUGS › Rule 24 - Sanitary Standards for the Operation of Retail Food Establishments › Section 24-131 - Hand sanitizers

Current through July 10, 2024
Authority: IC 16-42-5-5
Affected: IC 16-42-5
Sec. 131.
(a) A hand
				sanitizer and a chemical hand sanitizing solution used as a hand dip shall be
				as follows:
(1) Comply with one (1) of the
				following:
(A) Be an approved drug that is
				listed in the FDA publication Approved Drug Products with Therapeutic
				Equivalence Evaluations as an approved drug based on safety and
				effectiveness.
(B) Have active
				antimicrobial ingredients that are listed in the FDA monograph for OTC
				Health-Care Antiseptic Drug Products as an antiseptic hand wash.
Indiana Administrative Code › Title 410 - INDIANA DEPARTMENT OF HEALTH › Article 7 - FOOD AND DRUGS › Rule 24 - Sanitary Standards for the Operation of Retail Food Establishments › Section 24-132 - Personal cleanliness

Current through July 10, 2024
Authority: IC
				  16-42-5-5
Affected: IC 16-42-5
Sec. 132.
(a) Food
				employees shall keep their hands and exposed portions of their arms
				clean.
(b) For purposes of this
				section, a violation of subsection (a) is a critical item.
Indiana Administrative Code › Title 410 - INDIANA DEPARTMENT OF HEALTH › Article 7 - FOOD AND DRUGS › Rule 24 - Sanitary Standards for the Operation of Retail Food Establishments › Section 24-133 - Hand and arm maintenance

Current through July 10, 2024
Authority: IC
				  16-42-5-5
Affected: IC 16-42-5
Sec. 133.
(a) Food
				employees shall keep their fingernails trimmed, filed, and maintained so the
				edges and surfaces are cleanable and not rough.
(b) Unless wearing intact gloves in good
				repair, a food employee may not wear fingernail polish or artificial
				fingernails while working with exposed food.
(c) If a lesion is present on the arms or
				hands, a food employee shall wear the following:
(1) An impermeable covering, such as a
				bandage and a single-use glove over the lesion, on the hands or
				wrist.
(2) A long sleeved shirt on
				other exposed portions of the arm where a bandaged lesion may be
				present.
Indiana Administrative Code › Title 410 - INDIANA DEPARTMENT OF HEALTH › Article 7 - FOOD AND DRUGS › Rule 24 - Sanitary Standards for the Operation of Retail Food Establishments › Section 24-134 - Jewelry prohibition

Current through July 10, 2024
Authority: IC
				  16-42-5-5
Affected: IC 16-42-5
Sec. 134.
(a) While
				preparing food, a food employee shall not wear jewelry, including medical
				jewelry and watches, on their arms and hands. This section does not apply to a
				plain ring, such as a wedding band.
(b) For purposes of this section, a violation
				of subsection (a) is a noncritical item.
Indiana Administrative Code › Title 410 - INDIANA DEPARTMENT OF HEALTH › Article 7 - FOOD AND DRUGS › Rule 24 - Sanitary Standards for the Operation of Retail Food Establishments › Section 24-135 - Clean condition of outer clothing

Current through July 10, 2024
Authority: IC
				  16-42-5-5
Affected: IC 16-42-5
Sec. 135.
(a) Food
				employees shall wear clean outer clothing to prevent contamination of the
				following:
(1) Food.
(2) Equipment.
(3) Utensils.
(4) Linens.
(5) Single-service and single-use
				articles.
Indiana Administrative Code › Title 410 - INDIANA DEPARTMENT OF HEALTH › Article 7 - FOOD AND DRUGS › Rule 24 - Sanitary Standards for the Operation of Retail Food Establishments › Section 24-136 - Eating, drinking, or using tobacco

Current through July 10, 2024
Authority: IC
				  16-42-5-5
Affected: IC 16-42-5
Sec. 136.
(a) Except
				as specified in subsection (b), an employee shall chew gum, eat and drink food,
				or use any form of tobacco only in designated areas where the contamination of:
(1) exposed food;
(2) clean equipment, utensils, and
				linens;
(3) unwrapped
				single-service and single-use articles; or
(4) other items needing protection; cannot
				result.
Indiana Administrative Code › Title 410 - INDIANA DEPARTMENT OF HEALTH › Article 7 - FOOD AND DRUGS › Rule 24 - Sanitary Standards for the Operation of Retail Food Establishments › Section 24-137 - Discharges from the eyes, nose, and mouth

Current through July 10, 2024
Authority: IC
				  16-42-5-5
Affected: IC 16-42-5
Sec. 137.
(a) Food
				employees experiencing persistent sneezing, coughing, or a runny nose or when
				there are any other bodily discharges from the eyes, nose, or mouth may not
				work with the following:
(1) Exposed
				food.
(2) Clean equipment,
				utensils, and linens.
(3) Unwrapped
				single-service or single-use articles.
Indiana Administrative Code › Title 410 - INDIANA DEPARTMENT OF HEALTH › Article 7 - FOOD AND DRUGS › Rule 24 - Sanitary Standards for the Operation of Retail Food Establishments › Section 24-138 - Effectiveness of hair restraint

Current through July 10, 2024
Authority: IC
				  16-42-5-5
Affected: IC 16-42-5
Sec. 138.
(a) Except
				as provided in subsection (b), food employees shall wear hair restraints, such
				as hats, hair coverings or nets, beard restraints, and clothing that covers
				body hair, that are designed and worn to effectively keep their hair from
				contacting:
(1) exposed food;
(2) clean equipment, utensils, and linens;
				and
(3) unwrapped single-service
				and single-use articles.
Indiana Administrative Code › Title 410 - INDIANA DEPARTMENT OF HEALTH › Article 7 - FOOD AND DRUGS › Rule 24 - Sanitary Standards for the Operation of Retail Food Establishments › Section 24-139 - Food condition

Current through July 10, 2024
Authority: IC
				  16-42-5-5
Affected: IC 16-42-5
Sec. 139.
(a) Food
				shall be safe, unadulterated, and, as specified under section 140 of this rule,
				honestly presented.
(b) Food shall
				not be misbranded.
(c) For purposes
				of this section, a violation of subsection (a) is a critical item.
(d) For purposes of this section, a violation
				of subsection (b) is a critical or noncritical item based on the determination
				of whether or not the violation significantly contributes to food
				contamination, an illness, or an environmental health hazard.
Indiana Administrative Code › Title 410 - INDIANA DEPARTMENT OF HEALTH › Article 7 - FOOD AND DRUGS › Rule 24 - Sanitary Standards for the Operation of Retail Food Establishments › Section 24-140 - Honest presentation of food

Current through July 10, 2024
Authority: IC
				  16-42-5-5
Affected: IC 16-42-5
Sec. 140.
(a) Food
				shall be offered for human consumption in a way that does not mislead or
				misinform the consumer.
(b) Food or
				color additives, colored overwraps, or lights may not be used to misrepresent
				the true appearance, color, or quality of a food.
(c) For purposes of this section, a violation
				of subsection (a) or (b) is a noncritical item.
Indiana Administrative Code › Title 410 - INDIANA DEPARTMENT OF HEALTH › Article 7 - FOOD AND DRUGS › Rule 24 - Sanitary Standards for the Operation of Retail Food Establishments › Section 24-141 - Discarding or reconditioning of unsafe, misbranded, adulterated, or contaminated food

Current through July 10, 2024
Authority: IC
				  16-42-5-5
Affected: IC 16-42-5
Sec. 141.
(a) A food
				that is unsafe, adulterated, misbranded, or not honestly presented as specified
				under section 140 of this rule shall be reconditioned according to an approved
				procedure or discarded.
(b) Food
				that is not from an approved source as specified under section 142, 143, 147,
				154, 155, 164, or 165 of this rule shall be discarded.
(c) Ready-to-eat food that may have been
				contaminated by an employee who has been restricted or excluded as specified
				under section 121 of this rule shall be discarded.
(d) Food that is contaminated by food
				employees, consumers, or other persons through contact with soiled hands,
				bodily discharges, such as nasal or oral discharges, or other means shall be
				discarded.
(e) For purposes of this
				section, a violation of subsection (a) is a critical or noncritical item based
				on the determination of whether or not the violation significantly contributes
				to food contamination, an illness, or an environmental health hazard.
(f) For purposes of this section, a violation
				of subsection (b), (c), or (d) is a critical item.
Indiana Administrative Code › Title 410 - INDIANA DEPARTMENT OF HEALTH › Article 7 - FOOD AND DRUGS › Rule 24 - Sanitary Standards for the Operation of Retail Food Establishments › Section 24-142 - Food sources

Current through July 10, 2024
Authority: IC 16-42-5-5
Affected: IC 16-42-1; IC 16-42-2
Sec. 142.
(a) Food
				shall be obtained from sources that comply with law at least equivalent to
				Indiana law.
(b) Food prepared in a
				private home may not be used or offered for human consumption in a retail food
				establishment.
(c) Packaged food
				shall be labeled as specified:
(1) in law,
				including IC 16-42-1, IC 16-42-2, 21 CFR 101, 9 CFR 317, and 9 CFR 381 Subpart
				N; and
(2) under sections 156 and
				157 of this rule.
Indiana Administrative Code › Title 410 - INDIANA DEPARTMENT OF HEALTH › Article 7 - FOOD AND DRUGS › Rule 24 - Sanitary Standards for the Operation of Retail Food Establishments › Section 24-143 - Food in a hermetically sealed container

Current through July 10, 2024
Authority: IC
				  16-42-5-5
Affected: IC 16-42-5
Sec. 143.
(a) Food in
				a hermetically sealed container shall be obtained from a:
(1) food processing plant that is regulated
				by the food regulatory agency that has jurisdiction over the plant;
				or
(2) retail food establishment
				engaged in activities of a food processing plant for retail sale such as
				acidified foods or low-acid foods, meeting the same requirements as a food
				processing plant.