Second Regular Session 117th General Assembly (2012)


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    HOUSE ENROLLED ACT No. 1312



     AN ACT to amend the Indiana Code concerning health.

Be it enacted by the General Assembly of the State of Indiana:

SOURCE: IC 16-42-5-29; (12)HE1312.1.1. -->
    SECTION 1. IC 16-42-5-29, AS ADDED BY P.L.86-2009, SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE MAY 31, 2012]: Sec. 29. (a) This section applies to an individual vendor of a farmer's market or roadside stand.
    (b) An individual vendor of a farmer's market or roadside stand is not considered to be a food establishment and is exempt from the requirements of this title that apply to food establishments if the individual vendor's food product:
        (1) is made, grown, or raised by an individual in at the individual's primary residence, property owned by the individual, or property leased by the individual;
        (2) is not a potentially hazardous food product;
        (3) is prepared by an individual who practices proper sanitary procedures, including:
            (A) proper hand washing;
            (B) sanitation of the container or other packaging in which the food product is contained; and
            (C) safe storage of the food product;
        (4) is not resold; and
        (5) includes a label that contains the following information:
            (A) The name and address of the producer of the food product.
            (B) The common or usual name of the food product.
            (C) The ingredients of the food product, in descending order by predominance by weight.
            (D) The net weight and volume of the food product by standard measure or numerical count.
            (E) The date on which the food product was processed.
            (F) 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 state department of health.".
    (c) An individual vendor who meets the requirements in subsection (b) is subject to food sampling and inspection if:
        (1) the state department determines that the individual vendor's food product is:
            (A) misbranded under section 12(b) of this chapter; IC 16-42-2-3; or
            (B) adulterated; or
        (2) a consumer complaint has been received by the state department.
    (d) If the state department has reason to believe that an imminent health hazard exists with respect to an individual 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.
    (e) For purposes of this section, 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 an individual vendor and inspect any food products in those places and all pertinent equipment, materials, containers, and labeling.
    (f) The state health commissioner may develop guidelines for an individual vendor who seeks an exemption from regulation as a food establishment as described in subsection (b). The guidelines may include:
        (1) standards for best safe food handling practices;
        (2) disease control measures; and
        (3) standards for potable water sources.
     (g) The department shall adopt rules that:
        (1) incorporate by reference 9 CFR 381.10(c) (allowing poultry products slaughtered and processed on a farm for the purpose of conducting limited sales on the farm, at a farmer's market, and at a roadside stand); and
        (2) require that poultry processed under this section be frozen at the point of sale and labeled in compliance with the requirements of 9 CFR 381.10.

SOURCE: ; (12)HE1312.1.2. -->     SECTION 2. [EFFECTIVE JULY 1, 2012] (a) The legislative council shall establish an interim study committee to:
        (1) study obstacles to local food production, processing, and distribution in Indiana; and
        (2) make recommendations for action that will encourage farmers and residents to produce, process, and distribute locally grown food.
    (b) The interim study committee described in subsection (a) shall submit a final report to the legislative council before November 1, 2012. The report must include the interim study committee's findings and recommendations, including any recommended legislation concerning the issue of local food production, processing, and distribution. The interim committee shall operate under the policies and procedures of the legislative council.
    (c) This SECTION expires January 1, 2013.

SOURCE: ; (12)HE1312.1.3. -->     SECTION 3. An emergency is declared for this act.


HEA 1312 _ Concur

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