Ind. Code ch. 16-31-9

in effect

Ind. Code § 16-31-9-1 Food service establishment defined

Sec. 1. (a) As used in this chapter, "food service establishment" means a fixed or mobile establishment that serves food to the public for consumption on the premises. (b) The term does not include establishments operated on a temporary basis by a charitable or nonprofit corporation, association, or organization. [Pre-1993 Recodification Citation: 16-1-41-2.] As added by P.L.2-1993, SEC.14.

Ind. Code § 16-31-9-2 Instruction placards

Sec. 2. (a) The state department shall adopt rules under IC 4-22-2 to provide for the approval of placards containing instructions in methods that may be used safely and effectively in an emergency by laymen to remove food lodged in a person's throat. The methods must be limited to first aid procedures and must include techniques that do not require the use of instruments or devices. (b) The placards must be of a size and design suitable for posting in food service establishments. The instructions must, to the extent practicable, be expressed in words and illustrations that are not offensive to restaurant patrons. [Pre-1993 Recodification Citation: 16-1-41-3.] As added by P.L.2-1993, SEC.14.

Ind. Code § 16-31-9-3 Training program guidelines

Sec. 3. The state department shall develop and publish guidelines for training programs that may be used on a voluntary basis by food service establishments to train employees in the approved methods. [Pre-1993 Recodification Citation: 16-1-41-4.] As added by P.L.2-1993, SEC.14.

Ind. Code § 16-31-9-4 Civil liability

Sec. 4. (a) A person is not obligated to remove, assist in removing, or attempt to remove food from another person's throat. A person who in good faith gratuitously removes, assists in removing, or attempts to remove food from another person's throat in an emergency occurring at a food service establishment is not liable for any civil damages as a result of any act or omission by the person providing the emergency assistance unless the act or omission amounts to willful or wanton misconduct. (b) The owner or operator of a food service establishment is not liable for any civil damages that result from an act or omission by a person rendering or attempting the emergency assistance if there is an approved placard posted in the food service establishment. [Pre-1993 Recodification Citation: 16-1-41-5.] As added by P.L.2-1993, SEC.14.

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