TITLE 410 INDIANA STATE DEPARTMENT OF HEALTH
Final Rule
LSA Document #05-320(F)
DIGEST
Amends
410 IAC 7-22-15 to establish standards for the certification of food handlers for food establishments and the imposition of penalties for violations. Effective 30 days after filing with the Publisher.
410 IAC 7-22-15 Certified food handler requirements
Authority:
IC 16-42-5.2-13
Sec. 15. (a) A corporation or local health department may not impose any registration, certification, or licensing requirements on food handling or food handlers.
(b) After December 31, 2004, at least one (1) food handler at a food establishment must be a certified food handler. A food handler's certification must be recognized by the Conference for Food Protection or an equivalent nationally recognized certification examination as determined by the department.
(c) A food establishment shall have at least one (1) certified food handler responsible for all periods of the food establishment's operation. However, a certified food handler need not be present at the food establishment during all hours of operation. It shall be the responsibility of the certified food handler to provide the certificate, letter, or document for verification of passing the examination.
(d) A food establishment that begins operation or changes ownership shall comply with section 15(b) of this rule [subsection (b)] not later than six (6) months after beginning operation or changing ownership.
(e) If a food establishment does not have a certified food handler because the certified food handler terminates employment with the food establishment, the owner or operator of the food establishment shall comply with section 15(b) of this rule [subsection (b)] not later than three (3) months after the termination date of the previous certified food handler.
(f) 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 handler is required for the food establishments.
(g)
Except as provided in subsection (h), the certified food handler requirement does not apply to a food establishment when the food establishment's food handling activities are limited solely to one (1) or more of the following:
(1) Heating or serving precooked hot dog or sausage products, popcorn, nachos, pretzels, or frozen pizza. foods.
(2) Preparing or serving a continental breakfast such as rolls, coffee, juice, milk, and cold cereal.
(3) Preparing or serving nonalcoholic or alcoholic beverages that are not potentially hazardous beverages or ice.
(4) Preparing or serving packaged or unpackaged foods that are not potentially hazardous foods, including elephant ears, funnel cakes, cotton candy, confectionaries, baked goods, popcorn, and chips and grinding coffee beans.
(5) Packaged foods that are not potentially hazardous foods in accordance with the rules adopted by the executive board.
(6) Heating when it is the only step for a bakery product. or
(7) (5) Providing prepackaged food in its original package.
(h) A food establishment that has more than ten thousand (10,000) square feet in total retail sales space at the food establishment location must comply with this chapter [rule]. This does not apply to a pharmacy that is a food establishment that provides only prepackaged food products for sale.
(h) (i) The certified food handler requirement does not apply to the following institutions:
(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. or
(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 premise [sic., premises] where the food is prepared is not exempt from the requirements under this chapter [rule].
(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.
(j) A food bank or other facility that distributes donated food to other organizations is not exempt from the requirements of this rule.
(k) 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 rule.
(l) This section does not prohibit an exempted organization from waiving the exemption and using a certified food handler.
(Indiana State Department of Health; 410 IAC 7-22-15; filed May 19, 2003, 8:50 a.m.: 26 IR 3336; filed Nov 16, 2006, 3:57 p.m.: 20061213-IR-410050320FRA)
Notice of Intent: December 1, 2005; 29 IR 834
Proposed Rule: June 1, 2006; 29 IR 3098
Hearing Held: September 14, 2006
Approved by Attorney General: November 6, 2006
Approved by Governor: November 16, 2006
Filed with Publisher: November 16, 2006, 3:57 p.m.
Documents Incorporated by Reference: None Received by Publisher
Small Business Regulatory Coordinator: Terry Whitson, Indiana State Department of Health, 2 North Meridian Street, 5A, Indianapolis, Indiana 46204, (317) 233-7022, twhitson@isdh.in.gov
Posted: 12/13/2006 by Legislative Services Agency
DIN: 20061213-IR-410050320FRA
Composed: Apr 30,2024 12:23:28AM EDT
A
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