Ind. Code ch. 16-42-5.2

Ind. Code ch. 16-42-5.2
in effect

Ind. Code § 16-42-5.2-1 Local regulation precluded

Sec. 1. Except as provided in this chapter, a corporation or local health department may not impose any registration, certification, or licensing requirements on food handling or certified food protection managers. As added by P.L.266-2001, SEC.16. Amended by P.L.45-2020, SEC.10.

Ind. Code § 16-42-5.2-2 Exempt food establishments

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 or serving a continental breakfast such as rolls, coffee, juice, milk, and cold cereal. (3) Preparing or serving beverages or ice. (4) Preparing or serving packaged or unpackaged low hazard foods, including elephant ears, funnel cakes, cotton candy, confectionaries, baked goods, popcorn, and chips and grinding coffee beans. (5) Providing prepackaged food in its original package. As added by P.L.266-2001, SEC.16. Amended by P.L.139-2005, SEC.1; P.L.45-2020, SEC.11.

Ind. Code § 16-42-5.2-3 Exempt entities

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 communities required to file disclosure statements under IC 23-2-4. (5) Community mental health centers (as defined in IC 12-7-2.1-78). (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 premises where the food is prepared is not exempt from the requirements under this chapter. (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. However, a food bank or other facility that distributes donated food to other organizations is not exempt from the requirements of this chapter. As added by P.L.266-2001, SEC.16. Amended by P.L.104-2003, SEC.9; P.L.97-2004, SEC.71; P.L.139-2005, SEC.2; P.L.145-2026, SEC.114.

Ind. Code § 16-42-5.2-3.5 Exempt organizations

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 from waiving the exemption and using a certified food protection manager. As added by P.L.139-2005, SEC.3. Amended by P.L.45-2020, SEC.12; P.L.118-2024, SEC.30.

Ind. Code § 16-42-5.2-3.7 "Certificate"

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 nationally recognized certification program as determined by the state department. As added by P.L.45-2020, SEC.13. Amended by P.L.56-2023, SEC.168.

Ind. Code § 16-42-5.2-4 "Certified food protection manager"

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.

Ind. Code § 16-42-5.2-7.1 Certified food protection manager duties

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 (5) years. (b) An individual may not work as a certified food protection manager with an expired certificate. As added by P.L.45-2020, SEC.18.

Ind. Code § 16-42-5.2-7.5 Certification required to use title

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.

Ind. Code § 16-42-5.2-8 Presence of certified food protection manager; variances

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 operation. (b) Notwithstanding subsection (a), if the state department and food establishment enter into a variance concerning requirements for the operation of the food establishment, a certified food protection manager may be required to be present at the food establishment during all hours of operation if agreed upon in the variance. As added by P.L.266-2001, SEC.16. Amended by P.L.45-2020, SEC.20.

Ind. Code § 16-42-5.2-8.5 Food establishment duties

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 establishment when the certified food protection manager terminates employment with the food establishment. As added by P.L.45-2020, SEC.21.

Ind. Code § 16-42-5.2-9 Time requirements; food establishment beginning operation or changing ownership

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.

Ind. Code § 16-42-5.2-10 Time requirements; certified food protection manager terminating employment

Sec. 10. If a food establishment does not have a certified food protection manager because a certified food protection manager terminates employment with the food establishment, the owner or operator of the food establishment shall comply with section 8 of this chapter not later than three (3) months after the termination date of the previous certified food protection manager. As added by P.L.266-2001, SEC.16. Amended by P.L.45-2020, SEC.23.

Ind. Code § 16-42-5.2-11 Multiple food establishments on same property

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.45-2020, SEC.24.

Ind. Code § 16-42-5.2-12 Penalties

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 violates section 7.1(b) of this chapter is subject to a civil penalty not to exceed fifty dollars ($50) per day per violation. (c) After June 30, 2020, a person that violates section 7.1(a)(1), 7.5, 8, 8.5, 9, or 10 of this chapter is subject to a civil penalty not to exceed one hundred dollars ($100) per day per violation. As added by P.L.266-2001, SEC.16. Amended by P.L.45-2020, SEC.25.

Ind. Code § 16-42-5.2-13 Adoption of rules

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.

Ind. Code § 16-42-5.2-14 Local authority to issue a permit

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.

Ind. Code § 16-42-5.2-15 Local enforcement

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