Title 16, HEALTH

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.4…

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 viola…

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.

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.

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.

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 …

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 c…

Sec. 3.5. (a) An organization that is exempt from the state gross retail tax under IC 6-2.5-5-25(a)(1)(B), IC 6-2.5-5-25(a)(1)(C), or IC 6-2.5-5-25(a)(1)(D) is exempt from complying with the requirements of this chapter. (b) This section does not prohibit an exempted organization…

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 natio…

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.

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…

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.

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 operatio…

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 esta…

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.

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: …

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…

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 …

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 sell…

Sec. 13. (a) For the purpose of enforcing this chapter, the local health officers are food environmental health specialists subordinate to the state department. (b) To ensure that enforcement of the state laws and rules is uniform throughout the state, the state department shall …

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.

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.

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 time temperature control f…

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 th…

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 pr…

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)…

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 depar…

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.…

Sec. 1. As used in this chapter, "homestead vendor" means a person that prepares and sells food products or meat products from: (1) property or at a farmers market; and (2) which the person does not receive more than one million five hundred thousand dollars ($1,500,000) in gross…

Sec. 2. As used in this chapter, "meat product" means a product capable of use as human food that is made wholly or in part from meat or other parts of the carcass of any of the following: (1) Cattle. (2) Sheep. (3) Swine. (4) Bison. (5) Poultry. (6) Goats. (7) Rabbit. As added b…

Sec. 3. As used in this chapter, "produce" means any agricultural or naturally occurring product that is: (1) grown, cultivated, raised, or harvested for human consumption; and (2) not prohibited by state or federal law. As added by P.L.163-2026, SEC.8.

Sec. 3.5. As used in this chapter, "property" means land owned or leased by a homestead vendor or the owner of a small farm that is either the homestead vendor's or the owner of a small farm's: (1) primary residence; or (2) agricultural property. As added by P.L.163-2026, SEC.8.…

Sec. 4. As used in this chapter, "small farm" means land: (1) that is used primarily for growing crops or raising livestock; (2) from which a person prepares and sells food products; and (3) from which not more than one million five hundred thousand dollars ($1,500,000) in gross …

Sec. 5. (a) Except as provided in subsection (b), the state department, a local unit of government (as defined in IC 14-22-31.5-1), the corporation, or a local health department may not impose any rules, regulations, certifications, or licensing requirements on: (1) a homestead v…

Sec. 6. (a) The homestead vendor or the owner of a small farm may sell the items described in subsection (b) at: (1) property (as defined in section 3.5 of this chapter); or (2) a farmers market; directly to an end consumer. (b) A homestead vendor or the owner of a small farm may…

Sec. 7. (a) A homestead vendor or the owner of a small farm shall include a label for packaged homemade food products or a sign for unpackaged homemade food products that contains the following information: (1) The name of the homestead vendor or the owner of the small farm that …

Sec. 8. (a) If a homestead vendor or the owner of a small farm obtains a food handler's certificate from a certificate issuer that is accredited by the American National Standards Institute, then the homestead vendor or the owner of a small farm may ship or deliver a food product…

Sec. 9. (a) A homestead vendor or the owner of a small farm who sells meat products from livestock under this chapter must keep the meat products refrigerated in a manner consistent with best food handling practices. (b) A homestead vendor or the owner of a small farm who is subj…

Sec. 1. As used in this chapter, "legislative body" means the following: (1) Except as provided in subdivision (2): (A) the board of county commissioners, for a county that operates a local board of health under IC 16-20-2; or (B) the board of county commissioners in the county w…

Sec. 2. (a) A recipient may appeal to the legislative body an enforcement action issued or taken by a local board of health or local health officer under IC 16-20-1 in response to: (1) a declared local public health emergency determined by a local health department or local healt…

Sec. 3. (a) The legislative body shall determine whether to hear an appeal filed under section 2 of this chapter not later than fifteen (15) days from the filing of the appeal and may issue a denial of an appeal at any time after the filing of the appeal. Any appeal granted consi…

Sec. 4. The appellant, or a representative of the appellant, must be present at a hearing conducted by the legislative body. The failure of the local board of health or local health officer that issued the enforcement action to be present is not a cause for postponement of the he…

Sec. 5. (a) The legislative body shall issue a written decision for any appeal that receives a hearing under this chapter. The written decision must appear in the written records of the legislative body. (b) A decision under this section is appealable to a circuit or superior cou…

Sec. 1. The definitions in IC 16-27-1 apply throughout this chapter. As added by P.L.136-2024, SEC.40.

Sec. 10. This chapter expires June 30, 2027. As added by P.L.136-2024, SEC.40.

Sec. 2. As used in this chapter, "office" refers to the office of the secretary of family and social services established by IC 12-8-1.5-1. As added by P.L.136-2024, SEC.40.