Ind. Code ch. 16-42-5

in effect

Ind. Code § 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.

Ind. Code § 16-42-5-0.2 Exemptions for homestead vendors and small farms

Sec. 0.2. A person that: (1) is a homestead vendor (as defined in IC 16-42-5.4-1); or (2) operates a small farm (as defined in IC 16-42-5.4-4); is exempt from the requirements of this chapter. As added by P.L.163-2026, SEC.7.

Ind. Code § 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 under IC 4-22-2 to establish 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. (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; P.L.93-2024, SEC.136.

Ind. Code § 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.

Ind. Code § 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.

Ind. Code § 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.

Ind. Code § 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.

Ind. Code § 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.

Ind. Code § 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.

Ind. Code § 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.

Ind. Code § 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.

Ind. Code § 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.

Ind. Code § 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.

Ind. Code § 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.

Ind. Code § 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.

Ind. Code § 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.

Ind. Code § 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.

Ind. Code § 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.

Ind. Code § 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.

Ind. Code § 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.

Ind. Code § 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.

Ind. Code § 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.

Ind. Code § 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.

Ind. Code § 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.

Ind. Code § 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.

Ind. Code § 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.

Ind. Code § 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.

Ind. Code § 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.

Ind. Code § 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.

Ind. Code § 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.

Ind. Code § 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.

Ind. Code § 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.

Ind. Code § 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.

Ind. Code § 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.

Ind. Code § 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.

Ind. Code § 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.

Ind. Code § 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.

Ind. Code § 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.

Ind. Code § 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.

Ind. Code § 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.

Ind. Code § 16-42-5-32 Micro markets; definition; exemption from requirement to have person in charge present; exemption requirements; not subject to pre-plan review

Sec. 32. (a) As used in this section, "micro market" means an unstaffed, self-checkout retail food establishment that: (1) consists of one (1) or more micro market displays that do not exceed seventy-five (75) linear feet in total length across the front of all displays in any one (1) location; (2) contains an automated payment system; (3) is located indoors and within a business; (4) is accessible only to an: (A) owner or employee of the business; or (B) escorted guest; and (5) is not accessible to the general public. (b) As used in this section, "micro market display" means any of the following in which food is displayed: (1) An open rack. (2) A refrigerator or a refrigerated cooler. (3) A freezer. (4) A vending machine. (5) A beverage dispenser. (6) A hot beverage brewer. (c) As used in this section, "vending machine" means a self-service device that, upon activation, by the use of: (1) a coin; (2) paper currency; (3) a token; (4) a card; (5) a key; or (6) a software application on a smartphone; 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. (d) Notwithstanding any other state law or administrative rule, the owner or operator of a micro market is not required to have a person in charge present at the micro market, as otherwise required under 410 IAC 7-24 or under any successor rule adopted by the state department, if the following requirements are met: (1) The following security measures are used for the micro market: (A) The micro market location includes video surveillance that operates on a twenty-four (24) hour per day, seven (7) day per week basis and: (i) records consumers viewing, selecting, handling, and purchasing products from the micro market; and (ii) provides sufficient resolution to identify consumers described in item (i). (B) The video surveillance recordings described in clause (A) are: (i) maintained; and (ii) available for inspection upon request by the state department or another applicable regulatory agency; for fourteen (14) days after the date of the surveillance. (C) A video surveillance recording requested for inspection under clause (B) is made available to the state department or other requesting regulatory agency not later than twenty-four (24) hours after the time the request is received by the owner or operator of the micro market. (D) The automated self-checkout equipment used in the micro market has the capability to match a purchase with the consumer who made the purchase. (2) The only food sold at the micro market is commercially prepackaged food, ready to eat fruit, and hot beverages. Except for hot beverages, all food must be sold unheated. (3) Prepackaged food sold at the micro market is contained in tamper evident packaging. (4) Prepackaged food sold at the micro market contains the following information on its packaging: (A) Except as exempted under the federal Food, Drug, and Cosmetic Act (21 U.S.C. 301 et seq.), nutrition labeling for the food as specified in 21 CFR 101 and 9 CFR 317, Subpart B. (B) A freshness or expiration date. (C) The labeling requirements set forth in 410 IAC 7-24-146 or in any successor rule adopted by the state department. (5) Refrigerated or frozen food sold in the micro market is stored in a refrigerated cooler or freezer that: (A) maintains an internal temperature: (i) of forty-one (41) degrees Fahrenheit or less; or (ii) as otherwise necessary for food safety, as established by the state department; (B) has self-closing doors; (C) allows the food to be viewed without opening the door to the refrigerated cooler or freezer; and (D) has an automatic self-locking feature that prevents a consumer from accessing the food upon the occurrence of any condition (including a power failure or mechanical failure) that results in the failure of the refrigerated cooler or freezer to maintain the internal temperature set forth in clause (A). (6) There is a sign that: (A) is posted at the location of the micro market; (B) is readily visible from the automated payment system; and (C) contains the following information that is printed entirely in English and that may also, at the discretion of the owner or operator of the micro market, be printed in any other prevalent language of the customers of the micro market: (i) The name of the owner or operator of the micro market to whom complaints and comments concerning the micro market may be addressed. (ii) The business address of the owner or operator of the micro market. (iii) The telephone number of the owner or operator of the micro market. (iv) The electronic mail address and website information for the owner or operator of the micro market, as applicable. (e) Notwithstanding any other law, administrative rule, or local ordinance, an owner or operator of a micro market shall not be required to: (1) submit any documentation; or (2) be subject to any: (A) pre-plan review; (B) inspection process; or (C) approval process; by the state department, corporation, or local health department before the installation of a micro market. An owner or operator of a micro market must notify the corporation or local health department where the micro market is located not later than ten (10) business days after the installation of the micro market. An owner or operator of a micro market shall not be subject to any fee associated with the notification described in this subsection. As added by P.L.46-2017, SEC.4. Amended by P.L.91-2021, SEC.1; P.L.23-2026, SEC.151.

Source: Open US Law by Vaquill AI (CC BY 4.0)URL: https://iga.in.gov/laws/2026/ic/titles/16Fetched: 10/17/2026