(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 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 Health Department.
(C) A food establishment shall have a least one 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 division (B) above not later than six 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 division (B) above not later than three months after the termination date of the previous certified food handler.
(F) If more than one food establishment operated by the same individual is located on the same property or on contiguous properties, only one certified food handler is required for the food establishments.
(G) The certified food handler requirements does not apply to a food establishment when the food establishment’s food handling activities are limited solely to one or more of the following:
(1) Heating or serving precooked hot dog or sausage products, popcorn, nachos, pretzels or frozen pizza;
(2) Preparing or serving a continental breakfast such as rolls, coffee, juice, milk and cold cereal;
(3) Preparing or serving nonalcoholic beverages or ice;
(4) 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) Providing prepackaged food in its original package.
(H) The certified food handler requirement does not apply to the following institutions:
(1) Hospitals licensed under I.C. 16-21;
(2) Health facilities licensed under I.C. 16-28;
(3) Housing with services establishment that are required to file disclosure statements under I.C. Title 16; or
(4) Continuing care retirement communities required to file disclosure statements under I.C. 23-2-4.
(Ord. 05-04, passed 3-14-2005) Penalty, see § 111.99
Statutory reference:
For similar provisions see 410 I.A.C. 7-22