410 IAC 7 — ARTICLE 7. INDIANA DEPARTMENT OF HEALTH

TITLE 410 INDIANA DEPARTMENT OF HEALTH

ARTICLE 7. FOOD AND DRUGS

Rule 1

410 IAC 7-1-1 410 IAC 7-1-1 Misleading labeling (Expired)

Rule 1. False and Misleading Labeling

410 IAC 7-1-1 Misleading labeling (Expired)

(Expired under IC 4-22-2.5, effective January 1, 2002.)

Rule 2

410 IAC 7-2-1 410 IAC 7-2-1 Newness of drug (Repealed)

Rule 2. New Drugs; Determination

410 IAC 7-2-1 Newness of drug (Repealed)

(Repealed by Indiana Department of Health; filed Jun 7, 1990, 11:20 a.m.: 13 IR 1855)

410 IAC 7-2-2 410 IAC 7-2-2 Manufacturer, processor, repackager, or wholesale distributor of drugs, cosmetics, or medical devices registration fee (Repealed)

410 IAC 7-2-2 Manufacturer, processor, repackager, or wholesale distributor of drugs, cosmetics, or medical devices registration fee (Repealed)

(Repealed by Indiana Department of Health; filed Apr 16, 1996, 4:10 p.m.: 19 IR 2285)

Rule 3

410 IAC 7-3-1 410 IAC 7-3-1 Guaranty liability (Expired)

Rule 3. Guaranty

410 IAC 7-3-1 Guaranty liability (Expired)

(Expired under IC 4-22-2.5, effective January 1, 2002.)

Rule 4

410 IAC 7-4-1 410 IAC 7-4-1 Informal hearings (Expired)

Rule 4. Hearings

410 IAC 7-4-1 Informal hearings (Expired)

(Expired under IC 4-22-2.5, effective January 1, 2002.)

Rule 5

410 IAC 7-5-1 410 IAC 7-5-1 Misbranding of food; what constitutes

Rule 5. Food Misbranding

410 IAC 7-5-1 Misbranding of food; what constitutes

Authority: IC 16-19-3-4

Affected: IC 16-42-1

Sec. 1. (A) Among representations in the labeling of a food which render such food misbranded is a false or misleading representation with respect to another food or a drug, device, or cosmetic.

Providing however, the labeling of a food which contains two or more ingredients may be misleading by reason (among other reasons) of the designation of such food in such labeling by a name which includes or suggests the name of one or more but not all such ingredients, even though the names of all such ingredients are stated elsewhere in the labeling.

(B) If a food is not manufactured by the person whose name appears on the label, the name shall be qualified by a phrase which reveals the connection such person has with such food, such as "Manufactured for and Packed by _____", "Distributed by _____", or other similar phrase which expresses the facts.

(C) The statement of the place of business shall include the street address, if any, of such place, unless such street address is shown in a current city directory or telephone directory.

(D) When a person manufactures, packs, or distributes a food at a place other than his principal place of business, the label may state the principal place of business in lieu of the actual place where each package of such food was manufactured or packed or is to be distributed, if such statement is not misleading in any particular.

(E) The requirement that the label shall contain the name and place of business of the manufacturer, packer, or distributor shall not be considered to relieve any food from the requirement that its label shall not be misleading in any particular.

(F) (1) The statement of the quantity of the contents shall reveal the quantity of food in the package, exclusive of wrappers and other material packed with such food.

(2) The statement shall be expressed in the terms of weight, measure, numerical count, or a combination of numerical count and weight or measure, which are generally used by consumers to express quantity of such food and which give accurate information as to quantity thereof. But if no general consumer usage in expressing accurate information as to the quantity of such food exists, the statement shall be in terms of liquid measure if the food is liquid, or in terms of weight if the food is solid, semisolid, viscous, or a mixture of solid and liquid; except that such statement may be in terms of dry measure if the food is a fresh fruit, fresh vegetable, or other dry commodity.

(G) (1) A statement of weight shall be in terms of the avoirdupois pound and ounce. A statement of liquid measure shall be in terms of the United States gallon if 231 cubic inches and quart, pint, and fluid ounce subdivisions thereof, and, except in case of frozen food which is so consumed, shall express the volume at 68° Fahrenheit (20° Centigrade). A statement of dry measure shall be in terms of the United States bushel of 2150.42 cubic inches and peck, dry quart, and dry pint, subdivision thereof; or in terms of the United States standard barrel and its subdivisions of third, half, and three-quarters barrel. However, in the case of an export shipment, the statement may be in terms of a system of weight or measure in common use in the country to which such shipment is exported.

(2) A statement weight or measure in the terms specified in subdivision (1) of this paragraph may be supplemented by a statement in terms of the metric system of weight or measure.

(3) Unless an unqualified statement of numerical count gives accurate information as to the quantity of food in the package, it shall be supplemented by such statement of weight, measure, or size of the individual units of the food as will give such information.

(H) Statements of quantity shall contain only such fractions as are generally used in expressing the quantity of the food. A common fraction shall be reduced to its lowest terms; a decimal fraction shall not be carried out to more than two places.

(I) (1) If the quantity of food in the package equals or exceeds the smallest unit of weight or measure which is specified in paragraph (G) of this regulation, and which is applicable to such food under the provisions of paragraph (F) (2) of this regulation, the statement shall express (except as provided in subdivision (2) of this paragraph) the number of the largest of such units contained in the package (for example, the statement on the label of a package which contains one quart of food shall be "1 quart", and not "2 pints" or "32 fluid ounces"). Where such number is a whole number and a fraction, there may be substituted for the fraction, its equivalent in smaller units, if any smaller is specified in such paragraph (G) (for examples, 1 3/4 quarts may be expressed as "1 quart 1 1/2 pints" or "1 quart 1 pint 8 fluid ounces"; 1 1/4 pounds may be expressed as "1 pound 4 ounces"). The stated number of any unit which is smaller than the largest unit specified in such paragraph (G) contained in the package shall not equal or exceed the number of such smaller units in the next larger unit so specified (for examples, instead of "1 quart 16 fluid ounces" the statement shall be "1 1/2 quarts" or "1 quart 1 pint"; instead of "24 ounces" the statement shall be "1 1/2 pounds" or "1 pound 8 ounces").

(2) In the case of a food with respect to which there exists an established custom of stating the quantity of the contents as a fraction of a unit, which unit is larger than the quantity contained in the package, or as units smaller than the largest unit contained therein, the statement may be made in accordance with such custom if it is informative to consumers.

(J) A food shall be exempt from compliance with the requirements of clause (2) of Section 13 (e) of the Act if–

(1) the quantity of the contents, as expressed in terms applicable to such food under the provisions of paragraph (F) (2) of this regulation, is less than one-half ounce avoirdupois, or less than one-half fluid ounce, or (in case the units of the food can be easily counted without opening the package) less than six units; or

(2) the statement of the quantity of the contents of the package, together with all other words, statements, and information required by or under authority of the Act to appear on the label, cannot, because of insufficient label space, be so placed on the label as to comply with the requirements of Section 13 (f) of the Act and regulations promulgated thereunder.

(K) A word, statement, or other information required by or under authority of the Act to appear on the label may lack that prominence and conspicuousness required by Section 13 (f) of the Act by reason (among other reasons) of–

(1) the failure of such word, statement, or information to appear on the part or panel of the label which is presented or displayed under customary conditions of purchase;

(2) the failure of such word, statement, or information to appear on two or more parts or panels of the label, each of which has sufficient space therefor, and each of which is so designed as to render it likely to be, under customary conditions of purchase, the part or panel displayed;

(3) the failure of the label to extend over the area of the container or package available for such extension, so as to provide sufficient label space for the prominent placing of such word, statement, or information;

(4) insufficiency of label space (for the prominent placing of such word, statement, or information) resulting from the use of label space for any word, statement, design, or device which is not required by or under authority of the Act to appear on the label;

(5) insufficiency of label space (for the prominent placing of such word, statement, or information) resulting from the use of label space to give materially greater conspicuousness to any other word, statement, or information, or to any design or device; or

(6) smallness or style of type in which such word, statement, or information appears, insufficient background contrast, obscuring designs of vignettes, or crowding with other written, printed, or graphic matter.

(L) No exemption depending on insufficiency of label space, as prescribed in regulations promulgated under Section 13 (e) or (i) of the Act shall apply if such insufficiency is caused by–

(1) the use of label space for any word, statement, design, or device which is not required by or under authority of the Act to appear on the label;

(2) the use of label space to give greater conspicuousness to any word, statement, or other information than is required by Section 13 (f) of the Act; or

(3) the use of label space for any representation in a foreign language.

(M) (1) All words, statements, and other information required by or under authority of the Act to appear on the label or labeling shall appear thereon in the English language.

(2) If the label contains any representation in a foreign language, all words, statements, and other information required by or under authority of the Act to appear on the label shall appear thereon in the foreign language.

(3) If the labeling contains any representation in a foreign language, all words, statements, and other information required by or under authority of the Act to appear on the label or labeling shall appear on the labeling in the foreign language.

(N) If an ingredient (which itself contains two or more ingredients) conforms to a definition and standard of identity prescribed by regulations under Section 11 of the Acts, such ingredient may be designated on the label of such food by the name specified in the definition and standard, supplemented, in case such regulations require the naming of optional ingredients present in such ingredient, by a statement showing the optional ingredients which are present in such ingredient.

(O) No ingredient shall be designated on the label as a spice, flavoring, or coloring unless it is a spice, flavoring, or coloring, as the case may be, within the meaning of such term as commonly understood by consumers. The term "coloring" shall not include any bleaching substance.

(P) An ingredient which is both a spice and a coloring, or both a flavoring and a coloring, shall be designated as spice and coloring, or flavoring and coloring as the case may be, unless such ingredient is designated by its specific name.

(Q) A label may be misleading by reason (among other reasons) of–

(1) the order in which the names of ingredients appear thereon, or the relative prominence otherwise given such names; or

(2) its failure to reveal the proportion of, or other fact with respect to, an ingredient, when such proportion or other fact is material in the light of the representation that such ingredient was used in fabricating the food.

(R) (1) A food shall be exempt from the requirements of clause 2 of Section 13 (i) of the Act if all words, statements, and other information required by or under authority of the Act to appear on the label of such food, cannot, because of insufficient label space, be so placed on the label as to comply with the requirements of Section 13 (f) of the Act and regulations promulgated thereunder. But such exemption shall be on the condition that, if the omission from the label of the statement of the quantity of the contents affords sufficient space to state legibly thereon all the information required by such clause (2), such statement of the quantity of the contents shall be omitted as authorized by regulation (m) (2) under Section 13 (e) of the Act, and the information required by such clause (2) shall be so stated as prominently as practicable even though the statement is not of such conspicuousness as to render it likely to be read by the ordinary individual under customary conditions of purchase.

(2) In the case of an assortment of different items of food, when variations in the items which make up different packages packed from such assortment normally occur in good packing practice, and when such variations result in variation in the ingredients in different packages, such food shall be exempt from compliance with the requirements of clause (2) of Section 13 (i) of the Act with respect to any ingredient which is not common to all packages. But such exemption shall be on the condition that the label shall bear, in conjunction with the names of such ingredients as are common to all packages, a statement in terms which are as informative as practicable and which are not misleading, indicating that other ingredients may be present.

(S) (1) The term "artificial flavoring" means a flavoring containing any sapid or aromatic constituent, which constituent was manufactured by a process of synthesis or other similar artifice.

(2) The term "artificial coloring" means a coloring containing any dye or pigment, which dye or pigment was manufactured by a process of synthesis or other similar artifice, or a coloring which was manufactured by extracting a natural dye or natural pigment from a plant or other material in which such dye or pigment was naturally produced.

(3) The term "chemical preservative" means any chemical which, when added to food, tends to prevent or retard deterioration thereof; but does not include common salt, sugars, vinegars, spices or oils extracted from spices, or substances added to food by direct exposure thereof to wood smoke.

(T) A food which is subject to the requirements of Section 13 (k) of the Act shall bear labeling, even though such food is not in package form.

(U) A statement of artificial flavoring, artificial coloring, or chemical preservative shall be placed on the food, or on its container or wrapper, or on any two or all of these, as may be necessary to render such statement likely to be read by the ordinary individual under customary conditions of purchase and use of such food.

(V) A food shall be exempt from compliance with the requirements of Section 13 (k) of the Act if it is not in package form and the units thereof are so small that a statement of artificial flavoring, artificial coloring, or chemical preservative, as the case may be, cannot be placed on such units with such conspicuousness as to render it likely to be read by the ordinary individual under customary conditions of purchase and use.

(Indiana Department of Health; Reg HFD 5; filed Oct 18, 1945, 10:30 am: Rules and Regs. 1947, p. 1313; readopted filed Jul 11, 2001, 2:23 p.m.: 24 IR 4234; readopted filed May 22, 2007, 1:44 p.m.: 20070613-IR-410070141RFA; readopted filed Sep 11, 2013, 3:19 p.m.: 20131009-IR-410130346RFA; readopted filed Nov 13, 2019, 3:14 p.m.: 20191211-IR-410190391RFA)

Rule 6

410 IAC 7-6-1 410 IAC 7-6-1 Shipments for processing; labeling exemptions

Rule 6. Labeling Requirements; Exemptions in Case of Food

410 IAC 7-6-1 Shipments for processing; labeling exemptions

Authority: IC 16-19-3-4

Affected: IC 16-42-1

Sec. 1. (A) Except as provided by paragraphs (B) and (C) of this regulation, a shipment or other delivery of a food which is, in accordance with the practice of the trade, to be processed, labeled, or repacked in substantial quantity at an establishment other than that where originally processed or packed, shall be exempt, during the time of introduction into and movement in commerce and the time of holding in such establishment, from compliance with the labeling requirements of Section 13 (c), (g), (h), (i), (j) and (k) of the Act if–

(1) the person who introduced such shipment or delivery into commerce is the operator of the establishment where such food is to be processed, labeled, or repacked; or

(2) in case such person is not such operator, such shipment or delivery is made to such establishment under a written agreement signed by and containing the post-office address of such person and such operator, and containing such specifications for the processing, labeling, or repacking, as the case may be, of such food in such establishment as will insure, if such specifications are followed, that such food will not be adulterated or misbranded within the meaning of the Act upon completion of such processing, labeling, or repacking. Such person and such operator shall each keep a copy of such agreement until all such shipment or delivery has been removed from such establishment, and shall make such copies available for inspection at any reasonable hour to the Secretary or his authorized agent who requests them.

(B) An exemption of a shipment or other delivery of a food under clause (1) of paragraph (A) of this regulation shall, at the beginning of the act of removing such shipment or delivery, or any part thereof, from such establishment, become void ab initio if the food comprising such shipment, delivery, or part is adulterated or misbranded within the meaning of the Act when so removed.

(C) An exemption of a shipment or other delivery of a food under clause (2) of paragraph (A) of this regulation shall become void ab initio with respect to the person who introduced such shipment or delivery into commerce upon refusal by such person to make available for inspection a copy of the agreement, as required by such clause.

(D) An exemption of a shipment or other delivery of a food under clause (2) of paragraph (A) of this regulation shall expire–

(1) at the beginning of the act of removing such shipment or delivery, or any part thereof, from such establishment if the food comprising such shipment, delivery, or part is adulterated or misbranded within the meaning of the Act when so removed; or

(2) upon refusal by the operator of the establishment where such food is to be processed, labeled, or repacked, to make available for inspection a copy of the agreement, as required by such clause.

(Indiana Department of Health; Reg HFD 6; filed Oct 18, 1945, 10:30 am: Rules and Regs. 1947, p. 1321; readopted filed Jul 11, 2001, 2:23 p.m.: 24 IR 4234; readopted filed May 22, 2007, 1:44 p.m.: 20070613-IR-410070141RFA; readopted filed Sep 11, 2013, 3:19 p.m.: 20131009-IR-410130346RFA; readopted filed Nov 13, 2019, 3:14 p.m.: 20191211-IR-410190391RFA)

Rule 6.5

410 IAC 7-6.5-1 410 IAC 7-6.5-1 Fee schedule (Repealed)

Rule 6.5. Wholesale Manufacturers, Processors, Repackagers, and Distributors of Food

410 IAC 7-6.5-1 Fee schedule (Repealed)

(Repealed by Indiana Department of Health; filed Apr 16, 1996, 4:10 p.m.: 19 IR 2285)

Rule 7

410 IAC 7-7-1 410 IAC 7-7-1 Designation of drug (Expired)

Rule 7. Adulterated Drugs and Devices

410 IAC 7-7-1 Designation of drug (Expired)

(Expired under IC 4-22-2.5, effective January 1, 2002.)

Rule 8

410 IAC 7-8-1 410 IAC 7-8-1 Misbranded drugs; what constitutes (Expired)

Rule 8. Misbranded Drugs and Devices

410 IAC 7-8-1 Misbranded drugs; what constitutes (Expired)

(Expired under IC 4-22-2.5, effective January 1, 2002.)

Rule 9

410 IAC 7-9-1 410 IAC 7-9-1 Shipment of new drug; filing application for new drug (Expired)

Rule 9. Application for New Drugs; Delivery

410 IAC 7-9-1 Shipment of new drug; filing application for new drug (Expired)

(Expired under IC 4-22-2.5, effective January 1, 2002.)

Rule 10

410 IAC 7-10-1 410 IAC 7-10-1 Definition of coal-tar hair dye (Expired)

Rule 10. Coal-Tar Hair Dye

410 IAC 7-10-1 Definition of coal-tar hair dye (Expired)

(Expired under IC 4-22-2.5, effective January 1, 2002.)

Rule 11

410 IAC 7-11-1 410 IAC 7-11-1 Misbranded cosmetics; what constitutes (Expired)

Rule 11. Misbranded Cosmetics

410 IAC 7-11-1 Misbranded cosmetics; what constitutes (Expired)

(Expired under IC 4-22-2.5, effective January 1, 2002.)

Rule 12

410 IAC 7-12-1 410 IAC 7-12-1 Shipments for processing; labeling exemptions (Expired)

Rule 12. Labeling Exemptions in Case of Cosmetics

410 IAC 7-12-1 Shipments for processing; labeling exemptions (Expired)

(Expired under IC 4-22-2.5, effective January 1, 2002.)

Rule 13

410 IAC 7-13-1 410 IAC 7-13-1 Application for license; facilities; hearing officer (Expired)

Rule 13. Cold Storage Locker Plants

410 IAC 7-13-1 Application for license; facilities; hearing officer (Expired)

(Expired under IC 4-22-2.5, effective January 1, 2014.)

Rule 14

410 IAC 7-14-1 410 IAC 7-14-1 Definition of cold storage warehouse; marking goods; inspection (Expired)

Rule 14. Cold Storage Warehouses

410 IAC 7-14-1 Definition of cold storage warehouse; marking goods; inspection (Expired)

(Expired under IC 4-22-2.5, effective January 1, 2002.)

410 IAC 7-15 Rule 15. Sanitation of Public Eating and Drinking Establishments (Repealed)

Rule 15. Sanitation of Public Eating and Drinking Establishments (Repealed)

(Repealed by Indiana Department of Health; filed Jul 6, 1983, 11:18 am: 6 IR 1394, eff one hundred twenty (120) days after filing with secretary of state)

410 IAC 7-15.1 Rule 15.1. Sanitation of Public Eating and Drinking Establishments (Repealed)

Rule 15.1. Sanitation of Public Eating and Drinking Establishments (Repealed)

(Repealed by Indiana Department of Health; filed Mar 30, 2000, 3:51 p.m.: 23 IR 1984)

Rule 15.5

410 IAC 7-15.5-1 410 IAC 7-15.5-1 Applicability

Rule 15.5. Sanitation of Bed and Breakfast Establishments

410 IAC 7-15.5-1 Applicability

Authority: IC 16-19-3-4; IC 16-41-31-5

Affected: IC 16-41-31

Sec. 1. The definitions in this rule apply throughout this rule.

(Indiana Department of Health; 410 IAC 7-15.5-1; filed Jul 29, 1992, 10:00 a.m.: 15 IR 2572; readopted filed Jul 11, 2001, 2:23 p.m.: 24 IR 4234; readopted filed May 22, 2007, 1:44 p.m.: 20070613-IR-410070141RFA; readopted filed Sep 11, 2013, 3:19 p.m.: 20131009-IR-410130346RFA; readopted filed Nov 13, 2019, 3:14 p.m.: 20191211-IR-410190391RFA; readopted filed Nov 14, 2025, 11:18 a.m.: 20251210-IR-410240588RFA)

410 IAC 7-15.5-2 410 IAC 7-15.5-2 "Bed and breakfast establishment" defined

410 IAC 7-15.5-2 "Bed and breakfast establishment" defined

Authority: IC 16-19-3-4; IC 16-41-31-5

Affected: IC 16-41-31

Sec. 2. "Bed and breakfast establishment" means an operator occupied residence that:

(1) provides sleeping accommodations to the public for a fee;

(2) has no more than fourteen (14) guest rooms;

(3) provides breakfast to its guests as part of the fee; and

(4) provides sleeping accommodations for no more than thirty (30) consecutive days to a particular guest.

The term does not include hotels, motels, boarding houses, or food service establishments.

(Indiana Department of Health; 410 IAC 7-15.5-2; filed Jul 29, 1992, 10:00 a.m.: 15 IR 2572; readopted filed Jul 11, 2001, 2:23 p.m.: 24 IR 4234; readopted filed May 22, 2007, 1:44 p.m.: 20070613-IR-410070141RFA; readopted filed Sep 11, 2013, 3:19 p.m.: 20131009-IR-410130346RFA; readopted filed Nov 13, 2019, 3:14 p.m.: 20191211-IR-410190391RFA; readopted filed Nov 14, 2025, 11:18 a.m.: 20251210-IR-410240588RFA)

410 IAC 7-15.5-3 410 IAC 7-15.5-3 "Corrosion-resistant materials" defined

410 IAC 7-15.5-3 "Corrosion-resistant materials" defined

Authority: IC 16-19-3-4; IC 16-41-31-5

Affected: IC 16-41-31

Sec. 3. "Corrosion-resistant materials" means those materials that maintain their original surface characteristics under prolonged contact with food, the normal use of cleaning compounds and bactericidal solutions, and other conditions-of-use environment.

(Indiana Department of Health; 410 IAC 7-15.5-3; filed Jul 29, 1992, 10:00 a.m.: 15 IR 2572; readopted filed Jul 11, 2001, 2:23 p.m.: 24 IR 4234; readopted filed May 22, 2007, 1:44 p.m.: 20070613-IR-410070141RFA; readopted filed Sep 11, 2013, 3:19 p.m.: 20131009-IR-410130346RFA; readopted filed Nov 13, 2019, 3:14 p.m.: 20191211-IR-410190391RFA; readopted filed Nov 14, 2025, 11:18 a.m.: 20251210-IR-410240588RFA)

410 IAC 7-15.5-4 410 IAC 7-15.5-4 "Department" defined

410 IAC 7-15.5-4 "Department" defined

Authority: IC 16-19-3-4; IC 16-41-31-5

Affected: IC 16-41-31

Sec. 4. "Department" means the Indiana department of health.

(Indiana Department of Health; 410 IAC 7-15.5-4; filed Jul 29, 1992, 10:00 a.m.: 15 IR 2572; readopted filed Jul 11, 2001, 2:23 p.m.: 24 IR 4234; readopted filed May 22, 2007, 1:44 p.m.: 20070613-IR-410070141RFA; readopted filed Sep 11, 2013, 3:19 p.m.: 20131009-IR-410130346RFA; readopted filed Nov 13, 2019, 3:14 p.m.: 20191211-IR-410190391RFA; errata filed Jul 28, 2021, 9:35 a.m.: 20210811-IR-410210313ACA; readopted filed Nov 14, 2025, 11:18 a.m.: 20251210-IR-410240588RFA)

410 IAC 7-15.5-5 410 IAC 7-15.5-5 "Easily cleanable" defined

410 IAC 7-15.5-5 "Easily cleanable" defined

Authority: IC 16-19-3-4; IC 16-41-31-5

Affected: IC 16-41-31

Sec. 5. "Easily cleanable" means readily accessible and made of materials which allow for residue to be effectively removed by normal cleaning methods.

(Indiana Department of Health; 410 IAC 7-15.5-5; filed Jul 29, 1992, 10:00 a.m.: 15 IR 2572; readopted filed Jul 11, 2001, 2:23 p.m.: 24 IR 4234; readopted filed May 22, 2007, 1:44 p.m.: 20070613-IR-410070141RFA; readopted filed Sep 11, 2013, 3:19 p.m.: 20131009-IR-410130346RFA; readopted filed Nov 13, 2019, 3:14 p.m.: 20191211-IR-410190391RFA; readopted filed Nov 14, 2025, 11:18 a.m.: 20251210-IR-410240588RFA)

410 IAC 7-15.5-6 410 IAC 7-15.5-6 "Employee" defined

410 IAC 7-15.5-6 "Employee" defined

Authority: IC 16-19-3-4; IC 16-41-31-5

Affected: IC 16-41-31

Sec. 6. "Employee" means the operator permit holder, individuals having supervisory or management duties, and any other person working in a bed and breakfast establishment.

(Indiana Department of Health; 410 IAC 7-15.5-6; filed Jul 29, 1992, 10:00 a.m.: 15 IR 2572; readopted filed Jul 11, 2001, 2:23 p.m.: 24 IR 4234; readopted filed May 22, 2007, 1:44 p.m.: 20070613-IR-410070141RFA; readopted filed Sep 11, 2013, 3:19 p.m.: 20131009-IR-410130346RFA; readopted filed Nov 13, 2019, 3:14 p.m.: 20191211-IR-410190391RFA; readopted filed Nov 14, 2025, 11:18 a.m.: 20251210-IR-410240588RFA)

410 IAC 7-15.5-7 410 IAC 7-15.5-7 "Equipment" defined

410 IAC 7-15.5-7 "Equipment" defined

Authority: IC 16-19-3-4; IC 16-41-31-5

Affected: IC 16-41-31

Sec. 7. "Equipment" means stoves, ovens, ranges, hoods, slicers, mixers, meat blocks, tables, counters, refrigerators, sinks, dishwashing machines, steam tables, and similar items other than utensils, used in the operation of a bed and breakfast establishment.

(Indiana Department of Health; 410 IAC 7-15.5-7; filed Jul 29, 1992, 10:00 a.m.: 15 IR 2572; readopted filed Jul 11, 2001, 2:23 p.m.: 24 IR 4234; readopted filed May 22, 2007, 1:44 p.m.: 20070613-IR-410070141RFA; readopted filed Sep 11, 2013, 3:19 p.m.: 20131009-IR-410130346RFA; readopted filed Nov 13, 2019, 3:14 p.m.: 20191211-IR-410190391RFA; readopted filed Nov 14, 2025, 11:18 a.m.: 20251210-IR-410240588RFA)

410 IAC 7-15.5-8 410 IAC 7-15.5-8 "Food" defined

410 IAC 7-15.5-8 "Food" defined

Authority: IC 16-19-3-4; IC 16-41-31-5

Affected: IC 16-41-31

Sec. 8. "Food" means any raw, cooked, or processed edible substance, ice, beverage, drink, or ingredient used or intended for use or for sale in whole or in part for human consumption.

(Indiana Department of Health; 410 IAC 7-15.5-8; filed Jul 29, 1992, 10:00 a.m.: 15 IR 2572; readopted filed Jul 11, 2001, 2:23 p.m.: 24 IR 4234; readopted filed May 22, 2007, 1:44 p.m.: 20070613-IR-410070141RFA; readopted filed Sep 11, 2013, 3:19 p.m.: 20131009-IR-410130346RFA; readopted filed Nov 13, 2019, 3:14 p.m.: 20191211-IR-410190391RFA; readopted filed Nov 14, 2025, 11:18 a.m.: 20251210-IR-410240588RFA)

410 IAC 7-15.5-9 410 IAC 7-15.5-9 "Food contact surface" defined

410 IAC 7-15.5-9 "Food contact surface" defined

Authority: IC 16-19-3-4; IC 16-41-31-5

Affected: IC 16-41-31

Sec. 9. "Food contact surface" means those surfaces of equipment and utensils with which food normally comes in contact, and those surfaces from which food may drain, drip, or splash back onto surfaces normally in contact with food.

(Indiana Department of Health; 410 IAC 7-15.5-9; filed Jul 29, 1992, 10:00 a.m.: 15 IR 2573; readopted filed Jul 11, 2001, 2:23 p.m.: 24 IR 4234; readopted filed May 22, 2007, 1:44 p.m.: 20070613-IR-410070141RFA; readopted filed Sep 11, 2013, 3:19 p.m.: 20131009-IR-410130346RFA; readopted filed Nov 13, 2019, 3:14 p.m.: 20191211-IR-410190391RFA; readopted filed Nov 14, 2025, 11:18 a.m.: 20251210-IR-410240588RFA)

410 IAC 7-15.5-10 410 IAC 7-15.5-10 "Food processing establishment" defined

410 IAC 7-15.5-10 "Food processing establishment" defined

Authority: IC 16-19-3-4; IC 16-41-31-5

Affected: IC 16-41-31

Sec. 10. "Food processing establishment" means a commercial establishment in which food is manufactured or packaged for human consumption. The term does not include a food service establishment, retail food store, bed and breakfast establishment, or commissary operation.

(Indiana Department of Health; 410 IAC 7-15.5-10; filed Jul 29, 1992, 10:00 a.m.: 15 IR 2573; readopted filed Jul 11, 2001, 2:23 p.m.: 24 IR 4234; readopted filed May 22, 2007, 1:44 p.m.: 20070613-IR-410070141RFA; readopted filed Sep 11, 2013, 3:19 p.m.: 20131009-IR-410130346RFA; readopted filed Nov 13, 2019, 3:14 p.m.: 20191211-IR-410190391RFA; readopted filed Nov 14, 2025, 11:18 a.m.: 20251210-IR-410240588RFA)

410 IAC 7-15.5-11 410 IAC 7-15.5-11 "Guest" defined

410 IAC 7-15.5-11 "Guest" defined

Authority: IC 16-19-3-4; IC 16-41-31-5

Affected: IC 16-41-31

Sec. 11. "Guest" means an individual who rents a guest room in a bed and breakfast establishment.

(Indiana Department of Health; 410 IAC 7-15.5-11; filed Jul 29, 1992, 10:00 a.m.: 15 IR 2573; readopted filed Jul 11, 2001, 2:23 p.m.: 24 IR 4234; readopted filed May 22, 2007, 1:44 p.m.: 20070613-IR-410070141RFA; readopted filed Sep 11, 2013, 3:19 p.m.: 20131009-IR-410130346RFA; readopted filed Nov 13, 2019, 3:14 p.m.: 20191211-IR-410190391RFA; readopted filed Nov 14, 2025, 11:18 a.m.: 20251210-IR-410240588RFA)

410 IAC 7-15.5-12 410 IAC 7-15.5-12 "Guest room" defined

410 IAC 7-15.5-12 "Guest room" defined

Authority: IC 16-19-3-4; IC 16-41-31-5

Affected: IC 16-41-31

Sec. 12. "Guest room" means a sleeping room intended to accommodate not more than four (4) guests each night.

(Indiana Department of Health; 410 IAC 7-15.5-12; filed Jul 29, 1992, 10:00 a.m.: 15 IR 2573; readopted filed Jul 11, 2001, 2:23 p.m.: 24 IR 4234; readopted filed May 22, 2007, 1:44 p.m.: 20070613-IR-410070141RFA; readopted filed Sep 11, 2013, 3:19 p.m.: 20131009-IR-410130346RFA; readopted filed Nov 13, 2019, 3:14 p.m.: 20191211-IR-410190391RFA; readopted filed Nov 14, 2025, 11:18 a.m.: 20251210-IR-410240588RFA)

410 IAC 7-15.5-13 410 IAC 7-15.5-13 "Hermetically sealed container" defined

410 IAC 7-15.5-13 "Hermetically sealed container" defined

Authority: IC 16-19-3-4; IC 16-41-31-5

Affected: IC 16-41-31

Sec. 13. "Hermetically sealed container" means a container designed and intended to be secure against the entry of micro-organisms and to maintain the commercial sterility of its contents after processing.

(Indiana Department of Health; 410 IAC 7-15.5-13; filed Jul 29, 1992, 10:00 a.m.: 15 IR 2573; readopted filed Jul 11, 2001, 2:23 p.m.: 24 IR 4234; readopted filed May 22, 2007, 1:44 p.m.: 20070613-IR-410070141RFA; readopted filed Sep 11, 2013, 3:19 p.m.: 20131009-IR-410130346RFA; readopted filed Nov 13, 2019, 3:14 p.m.: 20191211-IR-410190391RFA; readopted filed Nov 14, 2025, 11:18 a.m.: 20251210-IR-410240588RFA)

410 IAC 7-15.5-14 410 IAC 7-15.5-14 "Kitchenware" defined

410 IAC 7-15.5-14 "Kitchenware" defined

Authority: IC 16-19-3-4; IC 16-41-31-5

Affected: IC 16-41-31

Sec. 14. "Kitchenware" means all multiuse utensils, other than tableware.

(Indiana Department of Health; 410 IAC 7-15.5-14; filed Jul 29, 1992, 10:00 a.m.: 15 IR 2573; readopted filed Jul 11, 2001, 2:23 p.m.: 24 IR 4234; readopted filed May 22, 2007, 1:44 p.m.: 20070613-IR-410070141RFA; readopted filed Sep 11, 2013, 3:19 p.m.: 20131009-IR-410130346RFA; readopted filed Nov 13, 2019, 3:14 p.m.: 20191211-IR-410190391RFA; readopted filed Nov 14, 2025, 11:18 a.m.: 20251210-IR-410240588RFA)

410 IAC 7-15.5-15 410 IAC 7-15.5-15 "Local board" defined

410 IAC 7-15.5-15 "Local board" defined

Authority: IC 16-19-3-4; IC 16-41-31-5

Affected: IC 16-41-31

Sec. 15. "Local board" means the local board of health or its authorized representative.

(Indiana Department of Health; 410 IAC 7-15.5-15; filed Jul 29, 1992, 10:00 a.m.: 15 IR 2573; readopted filed Jul 11, 2001, 2:23 p.m.: 24 IR 4234; readopted filed May 22, 2007, 1:44 p.m.: 20070613-IR-410070141RFA; readopted filed Sep 11, 2013, 3:19 p.m.: 20131009-IR-410130346RFA; readopted filed Nov 13, 2019, 3:14 p.m.: 20191211-IR-410190391RFA; readopted filed Nov 14, 2025, 11:18 a.m.: 20251210-IR-410240588RFA)

410 IAC 7-15.5-16 410 IAC 7-15.5-16 "Operator" defined

410 IAC 7-15.5-16 "Operator" defined

Authority: IC 16-19-3-4; IC 16-41-31-5

Affected: IC 16-41-31

Sec. 16. "Operator" means an owner, or the owner's agent, of a bed and breakfast establishment who resides within the establishment or on contiguous property.

(Indiana Department of Health; 410 IAC 7-15.5-16; filed Jul 29, 1992, 10:00 a.m.: 15 IR 2573; readopted filed Jul 11, 2001, 2:23 p.m.: 24 IR 4234; readopted filed May 22, 2007, 1:44 p.m.: 20070613-IR-410070141RFA; readopted filed Sep 11, 2013, 3:19 p.m.: 20131009-IR-410130346RFA; readopted filed Nov 13, 2019, 3:14 p.m.: 20191211-IR-410190391RFA; readopted filed Nov 14, 2025, 11:18 a.m.: 20251210-IR-410240588RFA)

410 IAC 7-15.5-17 410 IAC 7-15.5-17 "Packaged" defined

410 IAC 7-15.5-17 "Packaged" defined

Authority: IC 16-19-3-4; IC 16-41-31-5

Affected: IC 16-41-31

Sec. 17. "Packaged" means bottled, canned, cartoned, or securely wrapped.

(Indiana Department of Health; 410 IAC 7-15.5-17; filed Jul 29, 1992, 10:00 a.m.: 15 IR 2573; readopted filed Jul 11, 2001, 2:23 p.m.: 24 IR 4234; readopted filed May 22, 2007, 1:44 p.m.: 20070613-IR-410070141RFA; readopted filed Sep 11, 2013, 3:19 p.m.: 20131009-IR-410130346RFA; readopted filed Nov 13, 2019, 3:14 p.m.: 20191211-IR-410190391RFA; readopted filed Nov 14, 2025, 11:18 a.m.: 20251210-IR-410240588RFA)

410 IAC 7-15.5-18 410 IAC 7-15.5-18 "Person" defined

410 IAC 7-15.5-18 "Person" defined

Authority: IC 16-19-3-4; IC 16-41-31-5

Affected: IC 16-41-31

Sec. 18. "Person" includes any individual, partnership, copartnership, firm, company, corporation, association, trust, estate, or other legal entity, and its or their successors, assigns, or agents.

(Indiana Department of Health; 410 IAC 7-15.5-18; filed Jul 29, 1992, 10:00 a.m.: 15 IR 2573; readopted filed Jul 11, 2001, 2:23 p.m.: 24 IR 4234; readopted filed May 22, 2007, 1:44 p.m.: 20070613-IR-410070141RFA; readopted filed Sep 11, 2013, 3:19 p.m.: 20131009-IR-410130346RFA; readopted filed Nov 13, 2019, 3:14 p.m.: 20191211-IR-410190391RFA; readopted filed Nov 14, 2025, 11:18 a.m.: 20251210-IR-410240588RFA)

410 IAC 7-15.5-19 410 IAC 7-15.5-19 "Person in charge" defined

410 IAC 7-15.5-19 "Person in charge" defined

Authority: IC 16-19-3-4; IC 16-41-31-5

Affected: IC 16-41-31

Sec. 19. "Person in charge" means the individual present in a bed and breakfast establishment who is the apparent supervisor of the bed and breakfast establishment at the time of inspection. If no individual is the apparent supervisor, then any employee present is the person in charge.

(Indiana Department of Health; 410 IAC 7-15.5-19; filed Jul 29, 1992, 10:00 a.m.: 15 IR 2573; readopted filed Jul 11, 2001, 2:23 p.m.: 24 IR 4234; readopted filed May 22, 2007, 1:44 p.m.: 20070613-IR-410070141RFA; readopted filed Sep 11, 2013, 3:19 p.m.: 20131009-IR-410130346RFA; readopted filed Nov 13, 2019, 3:14 p.m.: 20191211-IR-410190391RFA; readopted filed Nov 14, 2025, 11:18 a.m.: 20251210-IR-410240588RFA)

410 IAC 7-15.5-20 410 IAC 7-15.5-20 "Potentially hazardous food" defined

410 IAC 7-15.5-20 "Potentially hazardous food" defined

Authority: IC 16-19-3-4; IC 16-41-31-5

Affected: IC 16-41-31

Sec. 20. "Potentially hazardous food" means any food that consists in whole or in part of milk or milk products, eggs, meat, poultry, fish, shellfish, edible crustacea, or other ingredients, including synthetic ingredients, in a form capable of supporting rapid and progressive growth of infectious or toxigenic micro-organisms. The term does not include foods which have a Ph level at or below four and six-tenths (4.6) or a water activity (Aw) value at or below eighty-five hundredths (0.85) under standard conditions or food products in hermetically sealed containers processed to prevent spoilage.

(Indiana Department of Health; 410 IAC 7-15.5-20; filed Jul 29, 1992, 10:00 a.m.: 15 IR 2574; readopted filed Jul 11, 2001, 2:23 p.m.: 24 IR 4234; readopted filed May 22, 2007, 1:44 p.m.: 20070613-IR-410070141RFA; readopted filed Sep 11, 2013, 3:19 p.m.: 20131009-IR-410130346RFA; readopted filed Nov 13, 2019, 3:14 p.m.: 20191211-IR-410190391RFA; readopted filed Nov 14, 2025, 11:18 a.m.: 20251210-IR-410240588RFA)

410 IAC 7-15.5-21 410 IAC 7-15.5-21 "Reconstituted" defined

410 IAC 7-15.5-21 "Reconstituted" defined

Authority: IC 16-19-3-4; IC 16-41-31-5

Affected: IC 16-41-31

Sec. 21. "Reconstituted" means dehydrated food products recombined with water or other liquids.

(Indiana Department of Health; 410 IAC 7-15.5-21; filed Jul 29, 1992, 10:00 a.m.: 15 IR 2574; readopted filed Jul 11, 2001, 2:23 p.m.: 24 IR 4234; readopted filed May 22, 2007, 1:44 p.m.: 20070613-IR-410070141RFA; readopted filed Sep 11, 2013, 3:19 p.m.: 20131009-IR-410130346RFA; readopted filed Nov 13, 2019, 3:14 p.m.: 20191211-IR-410190391RFA; readopted filed Nov 14, 2025, 11:18 a.m.: 20251210-IR-410240588RFA)

410 IAC 7-15.5-22 410 IAC 7-15.5-22 "Safe materials" defined

410 IAC 7-15.5-22 "Safe materials" defined

Authority: IC 16-19-3-4; IC 16-41-31-5

Affected: IC 16-41-31

Sec. 22. "Safe materials" means articles manufactured from or composed of materials that may not reasonably be expected to become a component or otherwise affect the characteristics of any food. If materials used are food additives or color additives, they are "safe" only if they are used in conformity with requirements of IC 16-1-28 [IC 16-1 was repealed by P.L.2-1993, SECTION 209, effective July 1, 1993.] and IC 16-1-29 [IC 16-1 was repealed by P.L.2-1993, SECTION 209, effective July 1, 1993.] .

(Indiana Department of Health; 410 IAC 7-15.5-22; filed Jul 29, 1992, 10:00 a.m.: 15 IR 2574; readopted filed Jul 11, 2001, 2:23 p.m.: 24 IR 4234; readopted filed May 22, 2007, 1:44 p.m.: 20070613-IR-410070141RFA; readopted filed Sep 11, 2013, 3:19 p.m.: 20131009-IR-410130346RFA; readopted filed Nov 13, 2019, 3:14 p.m.: 20191211-IR-410190391RFA; readopted filed Nov 14, 2025, 11:18 a.m.: 20251210-IR-410240588RFA)

410 IAC 7-15.5-23 410 IAC 7-15.5-23 "Sanitization" defined

410 IAC 7-15.5-23 "Sanitization" defined

Authority: IC 16-19-3-4; IC 16-41-31-5

Affected: IC 16-41-31

Sec. 23. "Sanitization" means effective bactericidal treatment by a process that provides enough accumulative heat or concentration of chemicals for enough time to reduce the bacterial count, including pathogens, to a safe level on utensils and equipment.

(Indiana Department of Health; 410 IAC 7-15.5-23; filed Jul 29, 1992, 10:00 a.m.: 15 IR 2574; readopted filed Jul 11, 2001, 2:23 p.m.: 24 IR 4234; readopted filed May 22, 2007, 1:44 p.m.: 20070613-IR-410070141RFA; readopted filed Sep 11, 2013, 3:19 p.m.: 20131009-IR-410130346RFA; readopted filed Nov 13, 2019, 3:14 p.m.: 20191211-IR-410190391RFA; readopted filed Nov 14, 2025, 11:18 a.m.: 20251210-IR-410240588RFA)

410 IAC 7-15.5-24 410 IAC 7-15.5-24 "Sealed" defined

410 IAC 7-15.5-24 "Sealed" defined

Authority: IC 16-19-3-4; IC 16-41-31-5

Affected: IC 16-41-31

Sec. 24. "Sealed" means free of cracks or other openings that permit the entry or passage of moisture.

(Indiana Department of Health; 410 IAC 7-15.5-24; filed Jul 29, 1992, 10:00 a.m.: 15 IR 2574; readopted filed Jul 11, 2001, 2:23 p.m.: 24 IR 4234; readopted filed May 22, 2007, 1:44 p.m.: 20070613-IR-410070141RFA; readopted filed Sep 11, 2013, 3:19 p.m.: 20131009-IR-410130346RFA; readopted filed Nov 13, 2019, 3:14 p.m.: 20191211-IR-410190391RFA; readopted filed Nov 14, 2025, 11:18 a.m.: 20251210-IR-410240588RFA)

410 IAC 7-15.5-25 410 IAC 7-15.5-25 "Single-service articles" defined

410 IAC 7-15.5-25 "Single-service articles" defined

Authority: IC 16-19-3-4; IC 16-41-31-5

Affected: IC 16-41-31

Sec. 25. "Single-service articles" means cups, containers, lids, closures, plates, knives, forks, spoons, stirrers, paddles, straws, napkins, wrapping materials, toothpicks, and similar articles intended for one (1) time, one (1) person use.

(Indiana Department of Health; 410 IAC 7-15.5-25; filed Jul 29, 1992, 10:00 a.m.: 15 IR 2574; readopted filed Jul 11, 2001, 2:23 p.m.: 24 IR 4234; readopted filed May 22, 2007, 1:44 p.m.: 20070613-IR-410070141RFA; readopted filed Sep 11, 2013, 3:19 p.m.: 20131009-IR-410130346RFA; readopted filed Nov 13, 2019, 3:14 p.m.: 20191211-IR-410190391RFA; readopted filed Nov 14, 2025, 11:18 a.m.: 20251210-IR-410240588RFA)

410 IAC 7-15.5-26 410 IAC 7-15.5-26 "Tableware" defined

410 IAC 7-15.5-26 "Tableware" defined

Authority: IC 16-19-3-4; IC 16-41-31-5

Affected: IC 16-41-31

Sec. 26. "Tableware" means multiuse eating and drinking utensils.

(Indiana Department of Health; 410 IAC 7-15.5-26; filed Jul 29, 1992, 10:00 a.m.: 15 IR 2574; readopted filed Jul 11, 2001, 2:23 p.m.: 24 IR 4234; readopted filed May 22, 2007, 1:44 p.m.: 20070613-IR-410070141RFA; readopted filed Sep 11, 2013, 3:19 p.m.: 20131009-IR-410130346RFA; readopted filed Nov 13, 2019, 3:14 p.m.: 20191211-IR-410190391RFA; readopted filed Nov 14, 2025, 11:18 a.m.: 20251210-IR-410240588RFA)

410 IAC 7-15.5-27 410 IAC 7-15.5-27 "Utensils" defined

410 IAC 7-15.5-27 "Utensils" defined

Authority: IC 16-19-3-4; IC 16-41-31-5

Affected: IC 16-41-31

Sec. 27. "Utensils" means any implement used in the storage, preparation, transportation, or service of food.

(Indiana Department of Health; 410 IAC 7-15.5-27; filed Jul 29, 1992, 10:00 a.m.: 15 IR 2574; readopted filed Jul 11, 2001, 2:23 p.m.: 24 IR 4234; readopted filed May 22, 2007, 1:44 p.m.: 20070613-IR-410070141RFA; readopted filed Sep 11, 2013, 3:19 p.m.: 20131009-IR-410130346RFA; readopted filed Nov 13, 2019, 3:14 p.m.: 20191211-IR-410190391RFA; readopted filed Nov 14, 2025, 11:18 a.m.: 20251210-IR-410240588RFA)

410 IAC 7-15.5-28 410 IAC 7-15.5-28 Food supplies

410 IAC 7-15.5-28 Food supplies

Authority: IC 16-19-3-4; IC 16-41-31-5

Affected: IC 16-41-31

Sec. 28. (a) Food shall be in sound condition, free from spoilage, filth, or other contamination and shall be safe for human consumption. Food shall be obtained from sources that comply with requirements of IC 16-1-28 [IC 16-1 was repealed by P.L.2-1993, SECTION 209, effective July 1, 1993.] and IC 16-1-29 [IC 16-1 was repealed by P.L.2-1993, SECTION 209, effective July 1, 1993.] relating to food and food labeling. The use of food in hermetically sealed containers that was not prepared in a food processing establishment is prohibited except those jams and jellies which are not potentially hazardous foods.

(b) Fluid milk and fluid milk products used or served shall be pasteurized and shall meet the Grade A quality standards as established by law. Dry milk and dry milk products shall be made from pasteurized milk products.

(c) Only clean whole eggs, with shells intact and without cracks or checks, or pasteurized liquid, frozen, or dry eggs or pasteurized dry egg products shall be used, except that hard boiled, peeled eggs, commercially prepared and packaged, may be used.

(Indiana Department of Health; 410 IAC 7-15.5-28; filed Jul 29, 1992, 10:00 a.m.: 15 IR 2574; readopted filed Jul 11, 2001, 2:23 p.m.: 24 IR 4234; readopted filed May 22, 2007, 1:44 p.m.: 20070613-IR-410070141RFA; readopted filed Sep 11, 2013, 3:19 p.m.: 20131009-IR-410130346RFA; readopted filed Nov 13, 2019, 3:14 p.m.: 20191211-IR-410190391RFA; readopted filed Nov 14, 2025, 11:18 a.m.: 20251210-IR-410240588RFA)

410 IAC 7-15.5-29 410 IAC 7-15.5-29 Food protection

410 IAC 7-15.5-29 Food protection

Authority: IC 16-19-3-4; IC 16-41-31-5

Affected: IC 16-41-31

Sec. 29. (a) At all times, including while being stored, prepared, displayed, served, or transported, food shall be protected from potential contamination, including dust, insects, rodents, unclean equipment and utensils, unnecessary handling, coughs, and sneezes, flooding, drainage, and overhead leakage or overhead drippage from condensation. The temperature of potentially hazardous food shall be at or below forty-five degrees Fahrenheit (45°F) or at or above one hundred forty degrees Fahrenheit (140°F) at all times, except as otherwise provided in this rule.

(b) The person in charge of a bed and breakfast establishment that is affected by a fire, flood, extended power outage, or a similar significant occurrence that creates a reasonable probability that food in the establishment may have been contaminated, or that the temperature level of food which is in a potentially hazardous form may have caused that food to have become hazardous to health, shall take action necessary to protect the public health, and shall promptly notify the department and the local board of the emergency.

(Indiana Department of Health; 410 IAC 7-15.5-29; filed Jul 29, 1992, 10:00 a.m.: 15 IR 2575; readopted filed Jul 11, 2001, 2:23 p.m.: 24 IR 4234; readopted filed May 22, 2007, 1:44 p.m.: 20070613-IR-410070141RFA; readopted filed Sep 11, 2013, 3:19 p.m.: 20131009-IR-410130346RFA; readopted filed Nov 13, 2019, 3:14 p.m.: 20191211-IR-410190391RFA; readopted filed Nov 14, 2025, 11:18 a.m.: 20251210-IR-410240588RFA)

410 IAC 7-15.5-30 410 IAC 7-15.5-30 Food storage

410 IAC 7-15.5-30 Food storage

Authority: IC 16-19-3-4; IC 16-41-31-5

Affected: IC 16-41-31

Sec. 30. (a) Food, whether raw or prepared, if removed from the container or package in which it was obtained, shall be stored in a clean, covered container except during necessary periods of preparation or service. Container covers shall be impervious and nonabsorbent.

(b) Containers of food shall be stored above the floor in a manner that protects the food from splash and other contamination, and that permits easy cleaning of the storage area.

(c) Food and containers of food shall not be stored under exposed or unprotected sewers or waterlines, except for automatic fire protection sprinkler heads that may be required by law. The storage of food in toilet rooms or vestibules is prohibited.

(d) Food not subject to further washing or cooking before serving shall be stored in a way that protects it against cross-contamination from food requiring washing or cooking.

(e) Packaged food shall not be stored in contact with water or undrained ice. Wrapped sandwiches shall not be stored in direct contact with ice.

(f) Unless its identity is unmistakable, bulk food, such as cooking oil, syrup, salt, sugar, or flour, not stored in the product container or package in which it was obtained, shall be stored in a container identifying the food by common name.

(g) Enough conveniently located refrigeration facilities or effectively insulated facilities shall be provided to assure the maintenance of potentially hazardous food at required temperatures during storage.

(h) Each mechanically refrigerated facility storing potentially hazardous food shall be provided with a numerically scaled indicating thermometer or recording thermometer, accurate to plus or minus three degrees Fahrenheit (±3°F), which is:

(1) located to measure the air temperature in the warmest part of the facility; and

(2) located to be easily readable.

(i) Potentially hazardous food requiring refrigeration after preparation shall be rapidly cooled to an internal temperature of forty-five degrees Fahrenheit (45°F) or below.

(j) Potentially hazardous foods of large volume or prepared in large quantities which require refrigeration shall be rapidly cooled, utilizing such methods as shallow pans, agitation, quick chilling, or water circulation external to the food container so that the cooling period shall not exceed four (4) hours.

(k) Frozen food shall be kept frozen and should be stored at a temperature of zero degrees Fahrenheit (0°F) or below.

(l) Ice intended for human consumption shall not be used as a medium for cooling stored food, food containers, or food utensils.

(m) Enough conveniently located hot food storage facilities shall be provided to assure the maintenance of food at the required temperature during storage. Each hot food facility storing potentially hazardous food shall be provided with a numerically scaled indicating thermometer or recording thermometer, accurate to plus or minus three degrees Fahrenheit (±3°F), located to measure the air temperature in the coolest part of the facility and located to be easily readable. Where it is impractical to install thermometers on equipment, a product thermometer must be available and used to check internal food temperature.

(n) The internal temperature of potentially hazardous foods requiring hot storage shall be one hundred forty degrees Fahrenheit (140°F) or above except during necessary periods of preparation. Potentially hazardous food to be transported shall be held at a temperature of one hundred forty degrees Fahrenheit (140°F) or above unless maintained in accordance with subsection (i).

(o) Upon delivery, intact shell eggs shall be stored at an ambient temperature of forty-five degrees Fahrenheit (45°F) or below.

(Indiana Department of Health; 410 IAC 7-15.5-30; filed Jul 29, 1992, 10:00 a.m.: 15 IR 2575; readopted filed Jul 11, 2001, 2:23 p.m.: 24 IR 4234; readopted filed May 22, 2007, 1:44 p.m.: 20070613-IR-410070141RFA; readopted filed Sep 11, 2013, 3:19 p.m.: 20131009-IR-410130346RFA; readopted filed Nov 13, 2019, 3:14 p.m.: 20191211-IR-410190391RFA; readopted filed Nov 14, 2025, 11:18 a.m.: 20251210-IR-410240588RFA)

410 IAC 7-15.5-31 410 IAC 7-15.5-31 Food preparation

410 IAC 7-15.5-31 Food preparation

Authority: IC 16-19-3-4; IC 16-41-31-5

Affected: IC 16-41-31

Sec. 31. (a) Food shall be prepared with the least possible manual contact, with suitable utensils and on surfaces that prior to use have been cleaned, rinsed, and sanitized to prevent cross-contamination.

(b) Raw fruits and raw vegetables shall be thoroughly washed with potable water before being cooked or served.

(c) Potentially hazardous foods being processed shall be cooked to heat all parts of the food to a temperature of at least one hundred forty degrees Fahrenheit (140°F), except that:

(1) poultry, poultry stuffings, stuffed meats, and stuffings containing meat shall be cooked to heat all parts of the food to at least one hundred sixty-five degrees Fahrenheit (165°F) with no interruption of the cooking process; and

(2) pork and pork products shall be cooked to heat all parts of the food to at least one hundred fifty degrees Fahrenheit (150°F), or, if cooked in a microwave oven, to at least one hundred seventy degrees Fahrenheit (170°F).

(d) Reconstituted dry milk and dry milk products may be used in instant desserts and whipped products, or for cooking and baking purposes.

(e) Liquid, frozen, dry eggs, and egg products shall be used only for cooking and baking purposes.

(f) Potentially hazardous foods that have been cooked and then refrigerated, shall be reheated rapidly to one hundred sixty-five degrees Fahrenheit (165°F) or higher throughout before being served or before being placed in a hot food storage facility. Steam tables, bainmaries, warmers, and similar hot food holding facilities are prohibited for the rapid reheating of potentially hazardous foods.

(g) Nondairy creaming, whitening, or whipping agents may be reconstituted on the premises only when they will be stored in sanitized, covered containers not exceeding one (1) gallon in capacity and cooled to forty-five degrees Fahrenheit (45°F) or below within four (4) hours after preparation.

(h) Metal stem-type numerically scaled indicating thermometers, accurate to plus or minus two degrees Fahrenheit (±2°F), shall be provided and used to assure the attainment and maintenance of proper internal cooking, holding, or refrigeration temperatures of all potentially hazardous foods.

(i) Potentially hazardous foods shall be thawed:

(1) in refrigerated units at a temperature not to exceed forty-five degrees Fahrenheit (45°F);

(2) under potable, running water of a temperature of seventy degrees Fahrenheit (70°F) or below, with sufficient water velocity to agitate and float off loose food particles into the overflow;

(3) in a microwave oven only when the food will be immediately transferred to conventional cooking facilities as part of a continuous cooking process or when the entire, uninterrupted cooking process takes place in the microwave oven; or

(4) as part of the conventional cooking process.

(Indiana Department of Health; 410 IAC 7-15.5-31; filed Jul 29, 1992, 10:00 a.m.: 15 IR 2576; readopted filed Jul 11, 2001, 2:23 p.m.: 24 IR 4234; readopted filed May 22, 2007, 1:44 p.m.: 20070613-IR-410070141RFA; readopted filed Sep 11, 2013, 3:19 p.m.: 20131009-IR-410130346RFA; readopted filed Nov 13, 2019, 3:14 p.m.: 20191211-IR-410190391RFA; readopted filed Nov 14, 2025, 11:18 a.m.: 20251210-IR-410240588RFA)

410 IAC 7-15.5-32 410 IAC 7-15.5-32 Food display and service

410 IAC 7-15.5-32 Food display and service

Authority: IC 16-19-3-4; IC 16-41-31-5

Affected: IC 16-41-31

Sec. 32. (a) Intact shell eggs shall be displayed at an ambient temperature of forty-five degrees Fahrenheit (45°F) or below. Other potentially hazardous food shall be kept at an internal temperature of forty-five degrees Fahrenheit (45°F) or below or at an internal temperature of one hundred forty degrees Fahrenheit (140°F) or above during display and service, except that rare roast beef shall be held for service at a temperature of at least one hundred thirty degrees Fahrenheit (130°F).

(b) Ice for consumer use shall be dispensed only by employees with scoops, tongs, or other ice dispensing utensils or through automatic self-service, ice dispensing equipment. Ice dispensing utensils shall be stored on a clean surface or in the ice with the dispensing utensil's handle extended out of the ice. Between uses, ice transfer receptacles shall be stored in a way that protects them from contamination. Ice storage bins shall be drained through an air gap or an air break.

(c) To avoid unnecessary manual contact with food, suitable dispensing utensils shall be used by employees or provided to consumers who serve themselves.

(d) Once served to a consumer, portions of leftover food shall not be served again except that packaged food, other than potentially hazardous food, that is still packaged and is still in sound condition, may be re-served.

(e) Food on display shall be protected from consumer contamination by the use of packaging or by the use of easily cleanable counter, serving line or salad bar protector devices, display cases, or by other effective means. Enough hot or cold food facilities shall be available to maintain the required temperature of potentially hazardous food on display.

(f) Reuse of soiled tableware by self-service consumers returning to the service area for additional food is prohibited. Beverage cups and glasses are exempt from this requirement.

(Indiana Department of Health; 410 IAC 7-15.5-32; filed Jul 29, 1992, 10:00 a.m.: 15 IR 2576; readopted filed Jul 11, 2001, 2:23 p.m.: 24 IR 4234; readopted filed May 22, 2007, 1:44 p.m.: 20070613-IR-410070141RFA; readopted filed Sep 11, 2013, 3:19 p.m.: 20131009-IR-410130346RFA; readopted filed Nov 13, 2019, 3:14 p.m.: 20191211-IR-410190391RFA; readopted filed Nov 14, 2025, 11:18 a.m.: 20251210-IR-410240588RFA)

410 IAC 7-15.5-33 410 IAC 7-15.5-33 Personnel

410 IAC 7-15.5-33 Personnel

Authority: IC 16-19-3-4; IC 16-41-31-5

Affected: IC 16-41-31

Sec. 33. (a) No person who has a communicable or infectious disease such as an open wound, an acute respiratory infection, or vomiting or diarrhea caused by an infection, shall work in a bed and breakfast establishment in any capacity in which epidemiological evidence indicates the person may spread the disease.

(b) Employees shall thoroughly wash their hands and the exposed portions of their arms with soap and warm water before starting work, during work, as often as is necessary to keep them clean, and after smoking, eating, drinking, or using the toilet. Employees shall keep their fingernails clean and trimmed.

(c) The outer clothing of all employees shall be clean.

(d) Employees shall consume food only in areas that will not result in contamination of other food, equipment, utensils, or other items needing protection.

(e) Employees shall not use tobacco in any form while engaged in food preparation or service, nor while in areas used for equipment or utensil washing or for food preparation. Employees shall use tobacco only in designated areas.

(f) Employees shall maintain a high degree of personal cleanliness and shall conform to good hygienic practices during all working periods in the bed and breakfast establishment.

(Indiana Department of Health; 410 IAC 7-15.5-33; filed Jul 29, 1992, 10:00 a.m.: 15 IR 2577; readopted filed Jul 11, 2001, 2:23 p.m.: 24 IR 4234; readopted filed May 22, 2007, 1:44 p.m.: 20070613-IR-410070141RFA; readopted filed Sep 11, 2013, 3:19 p.m.: 20131009-IR-410130346RFA; readopted filed Nov 13, 2019, 3:14 p.m.: 20191211-IR-410190391RFA; readopted filed Nov 14, 2025, 11:18 a.m.: 20251210-IR-410240588RFA)

410 IAC 7-15.5-34 410 IAC 7-15.5-34 Equipment, utensils; materials

410 IAC 7-15.5-34 Equipment, utensils; materials

Authority: IC 16-19-3-4; IC 16-41-31-5

Affected: IC 16-41-31

Sec. 34. (a) Multiuse equipment and utensils shall be:

(1) constructed and repaired with safe materials, including finishing materials;

(2) corrosion-resistant and nonabsorbent; and

(3) smooth, easily cleanable, and durable under conditions of normal use.

Single-service articles shall be made from clean, sanitary, safe materials. Equipment, utensils, and single-service articles shall not impart odors, color, or taste, nor contribute to the contamination of food.

(b) If solder is used, it shall be composed of safe materials and be corrosion-resistant.

(c) Hard maple or other nonabsorbent material that meets the general requirements set forth in subsection (a) may be used for cutting blocks, cutting boards, salad bowls, and baker's tables. Wood may be used for single-service articles, such as chopsticks, stirrers, or ice cream spoons.

(d) Safe plastic or safe rubber or safe rubberlike materials that are resistant under normal conditions of use to scratching, scoring, decomposition, crazing, chipping, and distortion, that are of sufficient weight and thickness to permit cleaning and sanitizing by normal dishwashing methods, and which meet the general requirements set forth in subsection (a) are permitted for repeated use.

(e) Reuse of single-service articles is prohibited.

(Indiana Department of Health; 410 IAC 7-15.5-34; filed Jul 29, 1992, 10:00 a.m.: 15 IR 2577; readopted filed Jul 11, 2001, 2:23 p.m.: 24 IR 4234; readopted filed May 22, 2007, 1:44 p.m.: 20070613-IR-410070141RFA; readopted filed Sep 11, 2013, 3:19 p.m.: 20131009-IR-410130346RFA; readopted filed Nov 13, 2019, 3:14 p.m.: 20191211-IR-410190391RFA; readopted filed Nov 14, 2025, 11:18 a.m.: 20251210-IR-410240588RFA)

410 IAC 7-15.5-35 410 IAC 7-15.5-35 Equipment, utensils; design and fabrication

410 IAC 7-15.5-35 Equipment, utensils; design and fabrication

Authority: IC 16-19-3-4; IC 16-41-31-5

Affected: IC 16-41-31

Sec. 35. (a) All equipment and utensils, including plasticware, shall be designed and fabricated for durability under conditions of normal use and shall be resistant to denting, buckling, pitting, chipping, and crazing.

(b) Food contact surfaces shall be easily cleanable, smooth, and free of breaks, open seams, cracks, chips, pits, and similar imperfections. Cast iron may be used as a food contact surface only if the surface is heated, such as in grills, griddle tops, and skillets.

(c) Indicating thermometers required for immersion into food or cooking media shall be of metal stem-type construction, numerically scaled, and accurate to plus or minus two degrees Fahrenheit (±2°F).

(d) Surfaces of equipment not intended for contact with food, but which are exposed to splash or food debris or which otherwise require frequent cleaning, shall be designed and fabricated to be smooth, washable, and readily accessible for cleaning, and shall be of such materials and in such repair as to be easily maintained in a clean and sanitary condition.

(e) Ventilation hoods and devices shall be designed to prevent grease or condensation from collecting on walls and ceilings, and from dripping into food or onto food contact surfaces. Filters or other grease extracting equipment shall be readily removable for cleaning and replacement if not designed to be cleaned in place.

(f) Equipment that was installed in a bed and breakfast establishment prior to the effective date of this rule and does not fully meet all of the design and fabrication requirements of this section, shall be deemed acceptable in that establishment if it is in good repair, capable of being maintained in a sanitary condition, and the food contact surfaces are nontoxic. Replacement equipment and new equipment acquired after the effective date of this rule shall meet the requirements of this rule.

(Indiana Department of Health; 410 IAC 7-15.5-35; filed Jul 29, 1992, 10:00 a.m.: 15 IR 2577; readopted filed Jul 11, 2001, 2:23 p.m.: 24 IR 4234; readopted filed May 22, 2007, 1:44 p.m.: 20070613-IR-410070141RFA; readopted filed Sep 11, 2013, 3:19 p.m.: 20131009-IR-410130346RFA; readopted filed Nov 13, 2019, 3:14 p.m.: 20191211-IR-410190391RFA; readopted filed Nov 14, 2025, 11:18 a.m.: 20251210-IR-410240588RFA)

410 IAC 7-15.5-36 410 IAC 7-15.5-36 Equipment, utensils; installation and location

410 IAC 7-15.5-36 Equipment, utensils; installation and location

Authority: IC 16-19-3-4; IC 16-41-31-5

Affected: IC 16-41-31

Sec. 36. (a) Equipment, including ice makers and ice storage equipment, shall not be located under exposed or unprotected sewers or waterlines, open stairwells, or other sources of contamination. This requirement does not apply to automatic fire protection sprinkler heads.

(b) Equipment shall be installed in a manner which will facilitate the cleaning of the equipment and adjacent areas.

(Indiana Department of Health; 410 IAC 7-15.5-36; filed Jul 29, 1992, 10:00 a.m.: 15 IR 2578; readopted filed Jul 11, 2001, 2:23 p.m.: 24 IR 4234; readopted filed May 22, 2007, 1:44 p.m.: 20070613-IR-410070141RFA; readopted filed Sep 11, 2013, 3:19 p.m.: 20131009-IR-410130346RFA; readopted filed Nov 13, 2019, 3:14 p.m.: 20191211-IR-410190391RFA; readopted filed Nov 14, 2025, 11:18 a.m.: 20251210-IR-410240588RFA)

410 IAC 7-15.5-37 410 IAC 7-15.5-37 Equipment, utensils; cleaning and sanitizing

410 IAC 7-15.5-37 Equipment, utensils; cleaning and sanitizing

Authority: IC 16-19-3-4; IC 16-41-31-5

Affected: IC 16-41-31

Sec. 37. (a) Tableware shall be washed, rinsed, and sanitized after each use.

(b) To prevent cross-contamination, kitchenware and food contact surfaces of equipment shall be washed, rinsed, and sanitized after each use and following any interruption of operations during which time contamination may have occurred.

(c) Where equipment and utensils are used for the preparation of potentially hazardous foods, the food contact surfaces of equipment and utensils shall be washed, rinsed, and sanitized.

(d) The food contact surfaces of all cooking equipment shall be kept free of encrusted grease deposits and other accumulated soil.

(e) Nonfood contact surfaces of equipment shall be cleaned as often as is necessary to keep the equipment free of accumulation of dust, dirt, food particles, and other debris.

(f) Cloths used for wiping food spills on tableware, such as plates or bowls being served to the consumer, shall be clean, dry, and used for no other purpose.

(g) For manual washing, rinsing, and sanitizing of utensils and equipment, a sink with not fewer than two (2) compartments shall be provided and used. Sink compartments shall be large enough to permit the accommodation of the equipment and utensils, and each compartment of the sink shall be supplied with hot and cold potable, running water. Fixed equipment and utensils and equipment too large to be cleaned in sink compartments shall be washed and sanitized manually.

(h) A method for the proper handling of soiled utensils prior to washing, and for cleaned utensils following sanitizing, shall be provided and located so as not to interfere with the proper use of the dishwashing facilities.

(i) Equipment and utensils shall be preflushed or prescraped and, when necessary, presoaked to remove food particles and soil.

(j) Sinks shall be cleaned prior to use.

(k) Except for fixed equipment and utensils too large to be cleaned in sink compartments, manual washing, rinsing, and sanitizing shall be conducted in the following sequence for three (3) compartment sinks:

(1) Equipment and utensils shall be thoroughly washed in the first compartment with a hot detergent solution that is kept clean.

(2) Equipment and utensils shall be rinsed free of detergent and abrasives with clean water in the second compartment.

(3) Equipment and utensils shall be sanitized in the third compartment according to one (1) of the methods included in subsection (m)(1) through (m)(5).

(l) When a two (2) compartment sink is utilized for utensil and equipment washing, one (1) of the following two (2) methods shall be used:

(1) Equipment and utensils shall be thoroughly cleaned in the first compartment with a hot detergent solution that is kept clean and rinsed free of detergent with clean water in the second compartment, then the first compartment shall be drained and refilled for sanitization in accordance with subsection (m)(1) through (m)(5).

(2) Equipment and utensils shall be thoroughly cleaned in the first compartment with a detergent sanitizer solution that is kept clean and shall be sanitized in the second compartment in hot water in accordance with subsection (m)(1), or with a solution containing the same detergent sanitizer in accordance with subsection (m)(2) through (m)(5). Sanitizers or detergent sanitizers shall be of the type which do not require a freshwater rinse.

(m) The food contact surfaces of all equipment and utensils shall be sanitized by:

(1) immersion for at least one-half (1/2) minute in clean, hot water at a temperature of at least one hundred seventy degrees Fahrenheit (170°F);

(2) immersion for at least one (1) minute in a clean solution containing at least fifty (50) parts per million of available chlorine as a hypochlorite and at a temperature of at least seventy-five degrees Fahrenheit (75°F);

(3) immersion for at least one (1) minute in a clean solution containing at least twelve and five-tenths (12.5) parts per million of available iodine and at a pH at which the efficacy has been demonstrated to be effective by the manufacturer and at a temperature of at least seventy-five degrees Fahrenheit (75°F);

(4) immersion in quaternary ammonium compound solutions that are of a concentration indicated by the manufacturers' label instructions, and shall be used only in water with five hundred (500) parts per million hardness or less;

(5) immersion in a clean solution containing any other chemical sanitizing agent approved by the Indiana department of health that will provide the equivalent bactericidal effect of a solution containing at least fifty (50) parts per million of available chlorine as a hypochlorite at a temperature of at least seventy-five degrees Fahrenheit (75°F) for one (1) minute; or

(6) rinsing, spraying, or swabbing with a chemical sanitizing solution of at least twice the strength required for that particular sanitizing solution under subdivisions (2), (3), and (5) in the case of equipment too large to sanitize by immersion.

(n) When hot water is used for sanitizing, the following facilities shall be provided and used:

(1) An integral heating device or fixture installed in or under the sanitizing compartment of the sink capable of maintaining the water at a temperature of at least one hundred seventy degrees Fahrenheit (170°F).

(2) A numerically scaled indicating thermometer, accurate to plus or minus three degrees Fahrenheit (±3°F), convenient to the sink for frequent checks of water temperature.

(3) Dish baskets of such size and design to permit complete immersion of the tableware, kitchenware, and equipment in the hot water.

(o) When chemicals are used for sanitization, they shall not have concentrations higher than those specified by the manufacturer, and a test kit or other device that accurately measures the parts per million concentration of the solution shall be provided and used.

(p) Cleaning and sanitizing may be done by spray-type or immersion dishwashing machines or by any other type of machine or device if it is demonstrated that it thoroughly cleans and sanitizes equipment and utensils. These machines and devices shall be properly installed and maintained in good repair.

(q) Drain boards or dish tables shall be provided and be of adequate size for the proper handling of soiled utensils prior to washing and for cleaned utensils following sanitization and shall be so located and constructed as not to interfere with the proper use of the dishwashing facilities.

(r) Equipment and utensils shall be flushed or scraped and, when necessary, soaked to remove food particles and soil prior to being washed in a dishwashing machine.

(s) Machines (single tank, stationary rack, door-type machines, and spray-type glass washers) using chemicals for sanitization may be used provided that:

(1) the temperature of the wash water shall not be less than one hundred twenty degrees Fahrenheit (120°F);

(2) the wash water shall be kept clean;

(3) chemicals added for sanitization purposes shall be automatically dispensed;

(4) utensils and equipment shall be exposed to the final chemical sanitizing rinse in accordance with manufacturers' specifications for time and concentration;

(5) the chemical sanitizing rinse water temperature shall not be less than seventy-five degrees Fahrenheit (75°F) nor less than the temperature specified by the machine's manufacturer;

(6) chemical sanitizers used shall meet requirements for safe usage; and

(7) a test kit or other device that accurately measures the parts per million concentration of the solution shall be available and used.

(t) Machines using hot water for sanitizing may be used provided that wash water and rinse water shall be kept clean, and water shall be maintained at a temperature of not less than one hundred sixty degrees Fahrenheit (160°F) as measured by a maximum registering thermometer, thermolabel (temperature-sensitive tape), or other accepted method on the utensil contact surface.

(u) All dishwashing machines shall be thoroughly cleaned at least once a day or more often when necessary to maintain them in a satisfactory operating condition.

(v) After sanitization, all equipment and utensils shall be air dried.

(Indiana Department of Health; 410 IAC 7-15.5-37; filed Jul 29, 1992, 10:00 a.m.: 15 IR 2578; readopted filed Jul 11, 2001, 2:23 p.m.: 24 IR 4234; readopted filed May 22, 2007, 1:44 p.m.: 20070613-IR-410070141RFA; readopted filed Sep 11, 2013, 3:19 p.m.: 20131009-IR-410130346RFA; readopted filed Nov 13, 2019, 3:14 p.m.: 20191211-IR-410190391RFA; errata filed Jul 28, 2021, 9:35 a.m.: 20210811-IR-410210313ACA; readopted filed Nov 14, 2025, 11:18 a.m.: 20251210-IR-410240588RFA)

410 IAC 7-15.5-38 410 IAC 7-15.5-38 Equipment, utensils; storage and handling

410 IAC 7-15.5-38 Equipment, utensils; storage and handling

Authority: IC 16-19-3-4; IC 16-41-31-5

Affected: IC 16-41-31

Sec. 38. (a) Cleaned and sanitized equipment and utensils shall be handled in a way that protects them from contamination. Spoons, knives, and forks shall be touched only by their handles. Cups, glasses, bowls, plates, and similar items shall be handled without contact with inside surfaces or surfaces that contact the user's mouth.

(b) Cleaned and sanitized utensils and equipment shall be stored above the floor in a clean, dry location in a way that protects them from contamination by splash, dust, and other means. The food contact surfaces of fixed equipment shall also be protected from contamination. Equipment and utensils shall not be placed under exposed sewers or waterlines, except for automatic fire protection sprinkler heads.

(c) Utensils shall be air dried before being stored or shall be stored in a self-draining position.

(d) Single-service articles shall be stored above the floor in closed cartons or containers which protect them from contamination and shall not be placed under exposed sewers or waterlines, except for automatic fire protection sprinkler heads.

(e) Single-service articles shall be handled and dispensed in a manner that prevents contamination of surfaces which may come in contact with food or with the mouth of the user.

(f) The storage of food equipment, utensils, or single-service articles in toilet rooms or vestibules is prohibited.

(Indiana Department of Health; 410 IAC 7-15.5-38; filed Jul 29, 1992, 10:00 a.m.: 15 IR 2580; readopted filed Jul 11, 2001, 2:23 p.m.: 24 IR 4234; readopted filed May 22, 2007, 1:44 p.m.: 20070613-IR-410070141RFA; readopted filed Sep 11, 2013, 3:19 p.m.: 20131009-IR-410130346RFA; readopted filed Nov 13, 2019, 3:14 p.m.: 20191211-IR-410190391RFA; readopted filed Nov 14, 2025, 11:18 a.m.: 20251210-IR-410240588RFA)

410 IAC 7-15.5-39 410 IAC 7-15.5-39 Water supply

410 IAC 7-15.5-39 Water supply

Authority: IC 16-19-3-4; IC 16-41-31-5

Affected: IC 16-41-31

Sec. 39. (a) A bed and breakfast establishment shall be provided with a safe, potable water supply through the use of a public water supply system if the water supply is reasonably available to the bed and breakfast establishment. If a public water supply system is not available, water shall be provided by a system approved by the local board.

(b) The water for a bed and breakfast establishment shall be supplied under pressure. The water supply and distribution system shall be sized and constructed to deliver water at twenty (20) pounds per square inch minimum pressure to all fixtures and appurtenances during periods of peak water demand.

(c) For bed and breakfast establishments which are not connected to public water supply and which have six (6) or fewer rooms for rent, the minimum distance between wells and buried pump suction lines and from sources of contamination shall be in accordance with the following:

Sewers and drains

50 feet

Exception: Sewers and drains of waterworks grade ductile iron pipe with mechanical joints or PVC pressure sewer pipe with an SDR rating of twenty-six (26) or less, having mechanical or compression joints, may be located within the fifty (50) foot distance. In no case, however, shall sewers be located closer than twenty (20) feet to dug and bored water supply wells nor closer than ten (10) feet to drilled and driven water supply wells or subsurface pump suction lines.

Septic tanks, soil absorption systems,

wastewater treatment facilities, and

privies

50 feet

Streams, lakes, ponds, and ditches

25 feet

Property lines

50 feet

Exception: The distances enumerated herein shall be doubled for soil absorption systems constructed where there exist horizons, layers, or strata within thirty-four (34) inches of the ground surface with a loading rate greater than seventy-five hundredths (0.75) gallons per day per square foot as determined from 410 IAC 6-8.1-49, Table V, unless that hazard can be overcome through system design.

(d) For bed and breakfast establishments which are not connected to public water supply and which have more than six (6) rooms for rent, the minimum distance between wells and buried pump suction lines and from sources of contamination shall be in accordance with the following:

Sewers and drains

100 feet

Exception: Sewers and drains of waterworks grade ductile iron pipe with mechanical joints or PVC pressure sewer pipe with an SDR rating of twenty-six (26) or less, having mechanical or compression joints, may be located within the one hundred (100) feet distance. In no case, however, shall sewers be located closer than thirty (30) feet to water supply wells or subsurface pump suction lines.

Septic tanks, soil absorption systems,

wastewater treatment facilities, and

privies

100 feet

Streams, lakes, ponds, and ditches

25 feet

Property lines

100 feet

Exception: The distances enumerated herein shall be doubled for soil absorption systems constructed where there exist horizons, layers, or strata within thirty-four (34) inches of the ground surface which are classified by the U.S. Department of Agriculture, Soil Conservation Service, as "severe due to poor filter" unless that hazard can be overcome through system design.

(e) Water supplies shall have no well head, well casing, pump, pumping machinery, or exposed pressure tanks or suction pumping located in any pit, room, or space which is walled in or otherwise enclosed so that it does not have free drainage by gravity to the surface of the ground at all times.

(f) All water supply wells shall be cased, and the annular space properly sealed, to a depth of at least twenty-five (25) feet below finished grade. The casing pipe of any well shall project not less than twelve (12) inches above flood level, finished grade, or the highest flood level of record, whichever is greater. No casing shall be cut off below grade except to install a pitless adapter.

(g) Well pumps, pressure tanks, storage tanks, etc., shall be sized to meet peak water demands and total daily demands. The minimum usable capacity of the pressure tank, in gallons, shall be three (3) times the installed well pump capacity, in gallons per minute. If the well or pump cannot meet peak demands, sufficient additional usable storage shall be provided to meet peak demands.

(h) Wells and potable water distribution systems shall be disinfected after construction and after each repair. Before releasing the potable system for use, the water shall be tested and shown to be bacteriologically acceptable in at least two (2) consecutive samples collected twenty-four (24) hours apart.

(i) The water supply of a bed and breakfast establishment may not be constructed or altered until the plans for construction or alteration have been submitted to and approved by the local board.

(Indiana Department of Health; 410 IAC 7-15.5-39; filed Jul 29, 1992, 10:00 a.m.: 15 IR 2580; readopted filed Jul 11, 2001, 2:23 p.m.: 24 IR 4234; readopted filed May 22, 2007, 1:44 p.m.: 20070613-IR-410070141RFA; readopted filed Sep 11, 2013, 3:19 p.m.: 20131009-IR-410130346RFA; readopted filed Nov 13, 2019, 3:14 p.m.: 20191211-IR-410190391RFA; readopted filed Nov 14, 2025, 11:18 a.m.: 20251210-IR-410240588RFA)

410 IAC 7-15.5-40 410 IAC 7-15.5-40 Sewage disposal

410 IAC 7-15.5-40 Sewage disposal

Authority: IC 16-19-3-4; IC 16-41-31-5

Affected: IC 16-41-31

Sec. 40. (a) A water carriage system of collecting sewage shall be used. A bed and breakfast establishment shall dispose of sewage through the use of a public sewerage system if the sewerage system is available within a reasonable distance from the bed and breakfast establishment.

(b) If a public sewerage system is not available, all components of the sewage disposal collection and disposal system serving a bed and breakfast establishment with six (6) or fewer bedrooms shall be located in accordance with the provisions of 410 IAC 6-8.1-37(a).

(c) If a public sewerage system is not available, all components of the sewage disposal collection and disposal system serving a bed and breakfast establishment with more than six (6) bedrooms shall be located in accordance with the provisions of 410 IAC 6-10 or applicable rules of the water pollution control board.

(d) A sewage disposal system for a bed and breakfast establishment may not be constructed or altered until the following has been accomplished:

(1) Plans for construction or alteration of the septic tank soil absorption system for a bed and breakfast establishment with six (6) or fewer guest bedrooms have been forwarded to and approved by the local board in accordance with provisions of 410 IAC 6-8.1-33.

(2) Plans for construction or alteration of the septic tank soil absorption system for a bed and breakfast establishment with more than six (6) guest bedrooms have been forwarded to and approved by the department's division of sanitary engineering in accordance with the provisions of 410 IAC 6-10-5.

(3) Plans for construction or alteration of any sewage disposal system other than a septic tank soil absorption system have been forwarded to and approved by the commissioner of the department of environmental management under rules adopted by the water pollution control board.

(Indiana Department of Health; 410 IAC 7-15.5-40; filed Jul 29, 1992, 10:00 a.m.: 15 IR 2581; readopted filed Jul 11, 2001, 2:23 p.m.: 24 IR 4234; readopted filed May 22, 2007, 1:44 p.m.: 20070613-IR-410070141RFA; readopted filed Sep 11, 2013, 3:19 p.m.: 20131009-IR-410130346RFA; readopted filed Nov 13, 2019, 3:14 p.m.: 20191211-IR-410190391RFA; readopted filed Nov 14, 2025, 11:18 a.m.: 20251210-IR-410240588RFA)

410 IAC 7-15.5-41 410 IAC 7-15.5-41 Plumbing

410 IAC 7-15.5-41 Plumbing

Authority: IC 16-19-3-4; IC 16-41-31-5

Affected: IC 16-41-31

Sec. 41. (a) Plumbing shall be sized, installed, and maintained in accordance with 675 IAC 16. There shall be no cross-connection between the potable water supply and any nonpotable or questionable water supply nor any source of pollution through which the potable water supply might become contaminated.

(b) A nonpotable water system is permitted only for purposes such as air conditioning and fire protection and only if the system is installed according to law, and the nonpotable water does not contact, directly or indirectly, food, potable water, equipment that contacts food, or utensils. The piping of any nonpotable water system shall be durably identified so that it is readily distinguishable from piping that carries potable water.

(c) The potable water system shall be installed to preclude the possibility of backflow. Devices shall be installed to protect against backflow and back siphonage at all fixtures and equipment where an air gap at least twice the diameter of the water supply inlet is not provided between the water supply inlet and the fixture's flood level rim. A hose shall not be attached to a faucet unless a backflow prevention device is installed.

(d) If used, grease traps shall be located to be easily accessible for cleaning.

(e) Drains shall be constructed in accordance with 675 IAC 16.

(Indiana Department of Health; 410 IAC 7-15.5-41; filed Jul 29, 1992, 10:00 a.m.: 15 IR 2582; readopted filed Jul 11, 2001, 2:23 p.m.: 24 IR 4234; readopted filed May 22, 2007, 1:44 p.m.: 20070613-IR-410070141RFA; readopted filed Sep 11, 2013, 3:19 p.m.: 20131009-IR-410130346RFA; readopted filed Nov 13, 2019, 3:14 p.m.: 20191211-IR-410190391RFA; readopted filed Nov 14, 2025, 11:18 a.m.: 20251210-IR-410240588RFA)

410 IAC 7-15.5-42 410 IAC 7-15.5-42 Toilet facilities

410 IAC 7-15.5-42 Toilet facilities

Authority: IC 16-19-3-4; IC 16-41-31-5

Affected: IC 16-41-31

Sec. 42. (a) Toilet facilities shall be installed in accordance with 675 IAC 16, shall be conveniently located, and shall be accessible to employees at all times.

(b) Toilets and urinals shall be designed to be easily cleanable.

(c) Toilet rooms shall be completely enclosed and shall have tight fitting, solid doors, which shall be closed except during cleaning or maintenance.

(d) Toilet fixtures shall be kept clean and in good repair. A supply of toilet tissue shall be provided at each toilet at all times. Easily cleanable receptacles shall be provided for waste materials.

(Indiana Department of Health; 410 IAC 7-15.5-42; filed Jul 29, 1992, 10:00 a.m.: 15 IR 2582; readopted filed Jul 11, 2001, 2:23 p.m.: 24 IR 4234; readopted filed May 22, 2007, 1:44 p.m.: 20070613-IR-410070141RFA; readopted filed Sep 11, 2013, 3:19 p.m.: 20131009-IR-410130346RFA; readopted filed Nov 13, 2019, 3:14 p.m.: 20191211-IR-410190391RFA; readopted filed Nov 14, 2025, 11:18 a.m.: 20251210-IR-410240588RFA)

410 IAC 7-15.5-43 410 IAC 7-15.5-43 Lavatory facilities

410 IAC 7-15.5-43 Lavatory facilities

Authority: IC 16-19-3-4; IC 16-41-31-5

Affected: IC 16-41-31

Sec. 43. (a) Lavatories shall be located to permit convenient use by all employees in food preparation areas and utensil washing areas.

(b) Lavatories shall be accessible to employees at all times.

(c) Lavatories shall also be located in or immediately adjacent to toilet rooms or vestibules. Sinks used for food preparation or for washing equipment shall not be used for handwashing.

(d) Each lavatory shall be provided with hot and cold water tempered by means of a mixing valve or combination faucet. Any self-closing, slow-closing, or metering faucet used shall be designed to provide a flow of water for at least fifteen (15) seconds without the need to reactivate the faucet. Steam mixing valves are prohibited.

(e) A supply of hand cleansing soap or detergent shall be available at each lavatory. A supply of sanitary towels or a hand drying device providing heated air shall be conveniently located near each lavatory. Common towels are prohibited. If disposable towels are used, easily cleanable waste receptacles shall be conveniently located near the handwashing facilities.

(f) Lavatories, soap dispensers, hand drying devices, and all related fixtures shall be kept clean and in good repair.

(Indiana Department of Health; 410 IAC 7-15.5-43; filed Jul 29, 1992, 10:00 a.m.: 15 IR 2582; readopted filed Jul 11, 2001, 2:23 p.m.: 24 IR 4234; readopted filed May 22, 2007, 1:44 p.m.: 20070613-IR-410070141RFA; readopted filed Sep 11, 2013, 3:19 p.m.: 20131009-IR-410130346RFA; readopted filed Nov 13, 2019, 3:14 p.m.: 20191211-IR-410190391RFA; readopted filed Nov 14, 2025, 11:18 a.m.: 20251210-IR-410240588RFA)

410 IAC 7-15.5-44 410 IAC 7-15.5-44 Solid waste collection and disposal

410 IAC 7-15.5-44 Solid waste collection and disposal

Authority: IC 16-19-3-4; IC 16-41-31-5

Affected: IC 16-41-31

Sec. 44. (a) Solid waste shall be kept in durable, easily cleanable, insect-proof, and rodent-proof containers that do not leak and do not absorb liquids. Plastic bags and wet-strength paper bags may be used to line these containers, and they may be used for storage inside the food service establishment.

(b) Containers used in food preparation and utensil washing areas shall be kept covered after they are filled.

(c) Containers stored outside the establishment, and dumpsters, compactors, and compactor systems shall be easily cleanable, shall be provided with tight fitting lids, doors, or covers, and shall be kept covered when not in actual use. In containers designed with drains, drain plugs shall be in place at all times, except during cleaning.

(d) There shall be a sufficient number of containers to hold all the solid waste that accumulates.

(e) Soiled containers shall be cleaned at a frequency to prevent insect and rodent attraction. Each container shall be thoroughly cleaned on the inside and outside in a way that does not contaminate food, equipment, utensils, or food preparation areas. Suitable facilities, including hot water and detergent or steam, shall be provided and used for washing containers. Liquid waste from compacting or cleaning operations shall be disposed of as sewage.

(f) Solid waste on the premises shall be stored in a manner to make it inaccessible to insects and rodents. Outside storage of unprotected plastic bags or wet-strength paper bags or baled units containing solid waste is prohibited. Cardboard or other packaging material not containing solid waste need not be stored in covered containers.

(g) Solid waste shall be disposed of often enough to prevent the development of odor and the attraction of insects and rodents.

(Indiana Department of Health; 410 IAC 7-15.5-44; filed Jul 29, 1992, 10:00 a.m.: 15 IR 2582; readopted filed Jul 11, 2001, 2:23 p.m.: 24 IR 4234; readopted filed May 22, 2007, 1:44 p.m.: 20070613-IR-410070141RFA; readopted filed Sep 11, 2013, 3:19 p.m.: 20131009-IR-410130346RFA; readopted filed Nov 13, 2019, 3:14 p.m.: 20191211-IR-410190391RFA; readopted filed Nov 14, 2025, 11:18 a.m.: 20251210-IR-410240588RFA)

410 IAC 7-15.5-45 410 IAC 7-15.5-45 Insect and rodent control

410 IAC 7-15.5-45 Insect and rodent control

Authority: IC 16-19-3-4; IC 16-41-31-5

Affected: IC 16-41-31

Sec. 45. (a) Effective measures intended to minimize the presence of rodents, flies, cockroaches, and other insects on the premises shall be utilized. The premises shall be kept in such condition as to prevent the harborage or feeding of insects or rodents.

(b) Openings to the outside shall be effectively protected against the entrance of rodents. Outside openings shall be protected against the entrance of insects by tight fitting, self-closing doors, closed windows, screening, controlled air currents, or other means. Screen doors shall be self-closing, and screens for windows, doors, skylights, transoms, intake and exhaust air ducts, and other openings to the outside shall be tight fitting and free of breaks. Screening material shall not be less than sixteen (16) mesh to the inch.

(Indiana Department of Health; 410 IAC 7-15.5-45; filed Jul 29, 1992, 10:00 a.m.: 15 IR 2583; readopted filed Jul 11, 2001, 2:23 p.m.: 24 IR 4234; readopted filed May 22, 2007, 1:44 p.m.: 20070613-IR-410070141RFA; readopted filed Sep 11, 2013, 3:19 p.m.: 20131009-IR-410130346RFA; readopted filed Nov 13, 2019, 3:14 p.m.: 20191211-IR-410190391RFA; readopted filed Nov 14, 2025, 11:18 a.m.: 20251210-IR-410240588RFA)

410 IAC 7-15.5-46 410 IAC 7-15.5-46 Floors

410 IAC 7-15.5-46 Floors

Authority: IC 16-19-3-4; IC 16-41-31-5

Affected: IC 16-41-31

Sec. 46. (a) Floors and floor coverings of all food preparation, food storage, and utensil washing areas shall be constructed of a smooth durable material and shall be maintained in good repair.

(b) Carpeting, if used as floor covering, shall be of closely woven construction, properly installed, easily cleanable, and maintained in good repair.

(c) Mats and duckboards shall be of nonabsorbent, grease-resistant materials and of such size, design, and construction as to facilitate their being easily cleaned.

(Indiana Department of Health; 410 IAC 7-15.5-46; filed Jul 29, 1992, 10:00 a.m.: 15 IR 2583; readopted filed Jul 11, 2001, 2:23 p.m.: 24 IR 4234; readopted filed May 22, 2007, 1:44 p.m.: 20070613-IR-410070141RFA; readopted filed Sep 11, 2013, 3:19 p.m.: 20131009-IR-410130346RFA; readopted filed Nov 13, 2019, 3:14 p.m.: 20191211-IR-410190391RFA; readopted filed Nov 14, 2025, 11:18 a.m.: 20251210-IR-410240588RFA)

410 IAC 7-15.5-47 410 IAC 7-15.5-47 Walls and ceilings

410 IAC 7-15.5-47 Walls and ceilings

Authority: IC 16-19-3-4; IC 16-41-31-5

Affected: IC 16-41-31

Sec. 47. (a) Walls and ceilings, including doors, windows, skylights, and similar closures, shall be maintained in good repair.

(b) The walls, including nonsupporting partitions, wall coverings, and ceilings of food preparation areas, equipment washing areas, and utensil washing areas, shall be easily cleanable.

(c) Studs, joints, and rafters shall not be exposed in food preparation areas, equipment washing areas, utensil washing areas, toilet rooms, and vestibules. If exposed in other rooms or areas, they shall be finished to provide an easily cleanable surface.

(d) Exposed utility service lines and pipes shall be installed in a way that does not obstruct or prevent cleaning of the walls and ceilings.

(e) Light fixtures, vent covers, wall mounted fans, decorative materials, and similar equipment attached to walls and ceilings shall be easily cleanable and shall be maintained in good repair.

(f) Wall and ceiling covering materials shall be attached and sealed so as to be easily cleanable.

(Indiana Department of Health; 410 IAC 7-15.5-47; filed Jul 29, 1992, 10:00 a.m.: 15 IR 2583; readopted filed Jul 11, 2001, 2:23 p.m.: 24 IR 4234; readopted filed May 22, 2007, 1:44 p.m.: 20070613-IR-410070141RFA; readopted filed Sep 11, 2013, 3:19 p.m.: 20131009-IR-410130346RFA; readopted filed Nov 13, 2019, 3:14 p.m.: 20191211-IR-410190391RFA; readopted filed Nov 14, 2025, 11:18 a.m.: 20251210-IR-410240588RFA)

410 IAC 7-15.5-48 410 IAC 7-15.5-48 Cleaning physical facilities

410 IAC 7-15.5-48 Cleaning physical facilities

Authority: IC 16-19-3-4; IC 16-41-31-5

Affected: IC 16-41-31

Sec. 48. (a) Cleaning of floors and walls, except emergency cleaning of floors, shall be done during periods when the least amount of food is exposed. Floors, mats, duckboards, walls, ceilings, and attached equipment and decorative materials shall be kept clean.

(b) In new or extensively remodeled establishments, at least one (1) utility sink shall be provided and used for the cleaning of mops and similar wet floor cleaning tools and for the disposal of mop water or similar liquid wastes. The use of lavatories, utensil washing or equipment washing, or food preparation sinks for this purpose is prohibited.

(Indiana Department of Health; 410 IAC 7-15.5-48; filed Jul 29, 1992, 10:00 a.m.: 15 IR 2584; readopted filed Jul 11, 2001, 2:23 p.m.: 24 IR 4234; readopted filed May 22, 2007, 1:44 p.m.: 20070613-IR-410070141RFA; readopted filed Sep 11, 2013, 3:19 p.m.: 20131009-IR-410130346RFA; readopted filed Nov 13, 2019, 3:14 p.m.: 20191211-IR-410190391RFA; readopted filed Nov 14, 2025, 11:18 a.m.: 20251210-IR-410240588RFA)

410 IAC 7-15.5-49 410 IAC 7-15.5-49 Lighting

410 IAC 7-15.5-49 Lighting

Authority: IC 16-19-3-4; IC 16-41-31-5

Affected: IC 16-41-31

Sec. 49. (a) Artificial light sources shall be installed to provide at least twenty (20) foot-candles of light on all food preparation surfaces and at equipment or utensil washing work levels.

(b) Artificial light sources shall be installed to provide, at a distance of thirty (30) inches from the floor, at least ten (10) foot-candles of light in all other areas. This shall also include dining areas during cleaning operations.

(Indiana Department of Health; 410 IAC 7-15.5-49; filed Jul 29, 1992, 10:00 a.m.: 15 IR 2584; readopted filed Jul 11, 2001, 2:23 p.m.: 24 IR 4234; readopted filed May 22, 2007, 1:44 p.m.: 20070613-IR-410070141RFA; readopted filed Sep 11, 2013, 3:19 p.m.: 20131009-IR-410130346RFA; readopted filed Nov 13, 2019, 3:14 p.m.: 20191211-IR-410190391RFA; readopted filed Nov 14, 2025, 11:18 a.m.: 20251210-IR-410240588RFA)

410 IAC 7-15.5-50 410 IAC 7-15.5-50 Ventilation

410 IAC 7-15.5-50 Ventilation

Authority: IC 16-19-3-4; IC 16-41-31-5

Affected: IC 16-41-31

Sec. 50. All rooms shall have sufficient ventilation to keep them free of excessive heat, steam, condensation, vapors, obnoxious odors, smoke, and fumes. Ventilation systems shall be installed and operated in accordance with 675 IAC 18, and, when vented to the outside, shall not create an unsightly, harmful, or unlawful discharge.

(Indiana Department of Health; 410 IAC 7-15.5-50; filed Jul 29, 1992, 10:00 a.m.: 15 IR 2584; readopted filed Jul 11, 2001, 2:23 p.m.: 24 IR 4234; readopted filed May 22, 2007, 1:44 p.m.: 20070613-IR-410070141RFA; readopted filed Sep 11, 2013, 3:19 p.m.: 20131009-IR-410130346RFA; readopted filed Nov 13, 2019, 3:14 p.m.: 20191211-IR-410190391RFA; readopted filed Nov 14, 2025, 11:18 a.m.: 20251210-IR-410240588RFA)

410 IAC 7-15.5-51 410 IAC 7-15.5-51 Poisonous or toxic materials

410 IAC 7-15.5-51 Poisonous or toxic materials

Authority: IC 16-19-3-4; IC 16-41-31-5

Affected: IC 16-41-31

Sec. 51. (a) There shall be present in bed and breakfast establishments only those poisonous or toxic materials necessary for maintaining the establishment, cleaning and sanitizing equipment and utensils, and controlling insects and rodents.

(b) Containers of poisonous or toxic materials shall be prominently and distinctly labeled according to law for easy identification of contents.

(c) Poisonous or toxic materials consist of the following categories:

(1) Insecticides and rodenticides.

(2) Detergents, sanitizers, and related cleaning or drying agents, and caustics, acids, polishes, and other chemicals.

(d) Each of the preceding two (2) categories of poisonous or toxic materials shall be stored and physically located separate from each other. All poisonous or toxic materials shall be stored in cabinets or in a similar physically separate place used for no other purpose. To preclude contamination, poisonous or toxic materials shall not be stored above food, food equipment, utensils, or single-service articles, except that this requirement does not prohibit the convenient availability of detergents or sanitizers at utensil or dishwashing stations.

(e) Bactericides, cleaning compounds, or other compounds intended for use on food contact surfaces shall not be used in a way that leaves a toxic residue on such surfaces or that constitutes a hazard to employees or other persons.

(f) Poisonous or toxic materials shall not be used in a way that contaminates food, equipment, or utensils, nor in a way that constitutes a hazard to employees or other persons, nor in a way other than in full compliance with the manufacturer's labeling.

(g) Personal medications shall not be stored in food storage, preparation, or service areas.

(h) First aid supplies shall be stored in a way that prevents them from contaminating food and food contact surfaces.

(Indiana Department of Health; 410 IAC 7-15.5-51; filed Jul 29, 1992, 10:00 a.m.: 15 IR 2584; readopted filed Jul 11, 2001, 2:23 p.m.: 24 IR 4234; readopted filed May 22, 2007, 1:44 p.m.: 20070613-IR-410070141RFA; readopted filed Sep 11, 2013, 3:19 p.m.: 20131009-IR-410130346RFA; readopted filed Nov 13, 2019, 3:14 p.m.: 20191211-IR-410190391RFA; readopted filed Nov 14, 2025, 11:18 a.m.: 20251210-IR-410240588RFA)

410 IAC 7-15.5-52 410 IAC 7-15.5-52 Premises

410 IAC 7-15.5-52 Premises

Authority: IC 16-19-3-4; IC 16-41-31-5

Affected: IC 16-41-30; IC 16-41-31

Sec. 52. (a) Bed and breakfast establishments and all parts of property used in connection with their operations shall be kept clean and free of litter.

(b) Clean, laundered bed sheets and pillowcases shall be provided on each bed and shall be replaced by clean, freshly laundered sheets and pillowcases after the departure of each guest or lodger and prior to occupancy by the next guest.

(c) Clean clothes and linens shall be stored in a clean place and protected from contamination until used.

(d) Soiled clothes and linens shall be stored in nonabsorbent containers or washable laundry bags until removed for laundering.

(e) Maintenance and cleaning tools such as brooms, mops, vacuum cleaners, and similar equipment shall be maintained and stored in a way that does not contaminate food, utensils, equipment, or linens and shall be stored in an orderly manner for the cleaning of that storage location.

(f) Live animals, including birds and turtles, shall be excluded from within the food service, preparation, and food storage areas. This exclusion does not apply to edible fish, crustacea, shellfish, or to fish in aquariums. Patrol dogs accompanying security or police officers, or guide dogs accompanying blind persons, partially blind persons, physically disabled persons, guide dog trainers, or persons with impaired hearing shall be permitted in dining areas.

(Indiana Department of Health; 410 IAC 7-15.5-52; filed Jul 29, 1992, 10:00 a.m.: 15 IR 2584; readopted filed Jul 11, 2001, 2:23 p.m.: 24 IR 4234; readopted filed May 22, 2007, 1:44 p.m.: 20070613-IR-410070141RFA; readopted filed Sep 11, 2013, 3:19 p.m.: 20131009-IR-410130346RFA; readopted filed Nov 13, 2019, 3:14 p.m.: 20191211-IR-410190391RFA; readopted filed Nov 14, 2025, 11:18 a.m.: 20251210-IR-410240588RFA)

410 IAC 7-15.5-53 410 IAC 7-15.5-53 Occupancy register

410 IAC 7-15.5-53 Occupancy register

Authority: IC 16-19-3-4; IC 16-41-31-5

Affected: IC 16-41-29; IC 16-41-31

Sec. 53. (a) The operator of each bed and breakfast establishment shall keep a register, entry book, or card filing system containing the names and addresses, including the street number, town or city, and state, of every individual occupying the premises or any part thereof, and the dates and time when occupied.

(b) The register, entry book, or card filing system shall be kept open for inspection by the department, local board, or any law enforcement officer. It shall be maintained for every calendar year and may not be discarded or destroyed until the expiration of one (1) year after the calendar year for which it was maintained.

(Indiana Department of Health; 410 IAC 7-15.5-53; filed Jul 29, 1992, 10:00 a.m.: 15 IR 2585; readopted filed Jul 11, 2001, 2:23 p.m.: 24 IR 4234; readopted filed May 22, 2007, 1:44 p.m.: 20070613-IR-410070141RFA; readopted filed Sep 11, 2013, 3:19 p.m.: 20131009-IR-410130346RFA; readopted filed Nov 13, 2019, 3:14 p.m.: 20191211-IR-410190391RFA; readopted filed Nov 14, 2025, 11:18 a.m.: 20251210-IR-410240588RFA)

410 IAC 7-15.5-54 410 IAC 7-15.5-54 Fresh bedding

410 IAC 7-15.5-54 Fresh bedding

Authority: IC 16-19-3-4; IC 16-41-31-5

Affected: IC 16-41-29; IC 16-41-31

Sec. 54. An owner, lessee, superintendent, or manager of a bed and breakfast establishment who furnishes beds and bedding for guests or lodgers shall provide each bed with the following:

(1) Undersheets sufficiently large to cover completely the mattress on each bed.

(2) Top sheets that are not less than ninety-nine (99) inches long and eighty-one (81) inches wide that may be folded over the blankets or other bed covering not less than two (2) feet.

(Indiana Department of Health; 410 IAC 7-15.5-54; filed Jul 29, 1992, 10:00 a.m.: 15 IR 2585; readopted filed Jul 11, 2001, 2:23 p.m.: 24 IR 4234; readopted filed May 22, 2007, 1:44 p.m.: 20070613-IR-410070141RFA; readopted filed Sep 11, 2013, 3:19 p.m.: 20131009-IR-410130346RFA; readopted filed Nov 13, 2019, 3:14 p.m.: 20191211-IR-410190391RFA; readopted filed Nov 14, 2025, 11:18 a.m.: 20251210-IR-410240588RFA)

410 IAC 7-16 Rule 16. Sanitation of Retail Food Markets (Repealed)

Rule 16. Sanitation of Retail Food Markets (Repealed)

(Repealed by Indiana Department of Health; filed Jun 4, 1985, 2:33 pm: 8 IR 1297)

Rule 16.1

410 IAC 7-16.1-1 410 IAC 7-16.1-1 Definitions (Repealed)

Rule 16.1. Sanitation in Retail Food Stores

410 IAC 7-16.1-1 Definitions (Repealed)

(Repealed by Indiana Department of Health; filed Mar 30, 2000, 3:51 p.m.: 23 IR 1984)

410 IAC 7-16.1-2 410 IAC 7-16.1-2 Food supplies (Repealed)

410 IAC 7-16.1-2 Food supplies (Repealed)

(Repealed by Indiana Department of Health; filed Mar 30, 2000, 3:51 p.m.: 23 IR 1984)

410 IAC 7-16.1-3 410 IAC 7-16.1-3 Food protection (Repealed)

410 IAC 7-16.1-3 Food protection (Repealed)

(Repealed by Indiana Department of Health; filed Mar 30, 2000, 3:51 p.m.: 23 IR 1984)

410 IAC 7-16.1-4 410 IAC 7-16.1-4 Food storage (Repealed)

410 IAC 7-16.1-4 Food storage (Repealed)

(Repealed by Indiana Department of Health; filed Mar 30, 2000, 3:51 p.m.: 23 IR 1984)

410 IAC 7-16.1-5 410 IAC 7-16.1-5 Food preparation (Repealed)

410 IAC 7-16.1-5 Food preparation (Repealed)

(Repealed by Indiana Department of Health; filed Mar 30, 2000, 3:51 p.m.: 23 IR 1984)

410 IAC 7-16.1-6 410 IAC 7-16.1-6 Food display (Repealed)

410 IAC 7-16.1-6 Food display (Repealed)

(Repealed by Indiana Department of Health; filed Mar 30, 2000, 3:51 p.m.: 23 IR 1984)

410 IAC 7-16.1-7 410 IAC 7-16.1-7 Food transportation by retail food store (Repealed)

410 IAC 7-16.1-7 Food transportation by retail food store (Repealed)

(Repealed by Indiana Department of Health; filed Mar 30, 2000, 3:51 p.m.: 23 IR 1984)

410 IAC 7-16.1-8 410 IAC 7-16.1-8 Personnel (Repealed)

410 IAC 7-16.1-8 Personnel (Repealed)

(Repealed by Indiana Department of Health; filed Mar 30, 2000, 3:51 p.m.: 23 IR 1984)

410 IAC 7-16.1-9 410 IAC 7-16.1-9 Equipment and utensils; materials (Repealed)

410 IAC 7-16.1-9 Equipment and utensils; materials (Repealed)

(Repealed by Indiana Department of Health; filed Mar 30, 2000, 3:51 p.m.: 23 IR 1984)

410 IAC 7-16.1-10 410 IAC 7-16.1-10 Equipment and utensils; design, fabrication (Repealed)

410 IAC 7-16.1-10 Equipment and utensils; design, fabrication (Repealed)

(Repealed by Indiana Department of Health; filed Mar 30, 2000, 3:51 p.m.: 23 IR 1984)

410 IAC 7-16.1-11 410 IAC 7-16.1-11 Equipment and utensils; installation, location (Repealed)

410 IAC 7-16.1-11 Equipment and utensils; installation, location (Repealed)

(Repealed by Indiana Department of Health; filed Mar 30, 2000, 3:51 p.m.: 23 IR 1984)

410 IAC 7-16.1-12 410 IAC 7-16.1-12 Equipment and utensils; cleaning, sanitizing (Repealed)

410 IAC 7-16.1-12 Equipment and utensils; cleaning, sanitizing (Repealed)

(Repealed by Indiana Department of Health; filed Mar 30, 2000, 3:51 p.m.: 23 IR 1984)

410 IAC 7-16.1-13 410 IAC 7-16.1-13 Equipment and utensils; storage, handling (Repealed)

410 IAC 7-16.1-13 Equipment and utensils; storage, handling (Repealed)

(Repealed by Indiana Department of Health; filed Mar 30, 2000, 3:51 p.m.: 23 IR 1984)

410 IAC 7-16.1-14 410 IAC 7-16.1-14 Water supply (Repealed)

410 IAC 7-16.1-14 Water supply (Repealed)

(Repealed by Indiana Department of Health; filed Mar 30, 2000, 3:51 p.m.: 23 IR 1984)

410 IAC 7-16.1-15 410 IAC 7-16.1-15 Sewage disposal (Repealed)

410 IAC 7-16.1-15 Sewage disposal (Repealed)

(Repealed by Indiana Department of Health; filed Mar 30, 2000, 3:51 p.m.: 23 IR 1984)

410 IAC 7-16.1-16 410 IAC 7-16.1-16 Plumbing (Repealed)

410 IAC 7-16.1-16 Plumbing (Repealed)

(Repealed by Indiana Department of Health; filed Mar 30, 2000, 3:51 p.m.: 23 IR 1984)

410 IAC 7-16.1-17 410 IAC 7-16.1-17 Toilet facilities (Repealed)

410 IAC 7-16.1-17 Toilet facilities (Repealed)

(Repealed by Indiana Department of Health; filed Mar 30, 2000, 3:51 p.m.: 23 IR 1984)

410 IAC 7-16.1-18 410 IAC 7-16.1-18 Handwashing facilities (Repealed)

410 IAC 7-16.1-18 Handwashing facilities (Repealed)

(Repealed by Indiana Department of Health; filed Mar 30, 2000, 3:51 p.m.: 23 IR 1984)

410 IAC 7-16.1-19 410 IAC 7-16.1-19 Garbage and refuse disposal (Repealed)

410 IAC 7-16.1-19 Garbage and refuse disposal (Repealed)

(Repealed by Indiana Department of Health; filed Mar 30, 2000, 3:51 p.m.: 23 IR 1984)

410 IAC 7-16.1-20 410 IAC 7-16.1-20 Insect and rodent control (Repealed)

410 IAC 7-16.1-20 Insect and rodent control (Repealed)

(Repealed by Indiana Department of Health; filed Mar 30, 2000, 3:51 p.m.: 23 IR 1984)

410 IAC 7-16.1-21 410 IAC 7-16.1-21 Floors (Repealed)

410 IAC 7-16.1-21 Floors (Repealed)

(Repealed by Indiana Department of Health; filed Mar 30, 2000, 3:51 p.m.: 23 IR 1984)

410 IAC 7-16.1-22 410 IAC 7-16.1-22 Walls; ceilings (Repealed)

410 IAC 7-16.1-22 Walls; ceilings (Repealed)

(Repealed by Indiana Department of Health; filed Mar 30, 2000, 3:51 p.m.: 23 IR 1984)

410 IAC 7-16.1-23 410 IAC 7-16.1-23 Cleaning physical facilities (Repealed)

410 IAC 7-16.1-23 Cleaning physical facilities (Repealed)

(Repealed by Indiana Department of Health; filed Mar 30, 2000, 3:51 p.m.: 23 IR 1984)

410 IAC 7-16.1-24 410 IAC 7-16.1-24 Lighting (Repealed)

410 IAC 7-16.1-24 Lighting (Repealed)

(Repealed by Indiana Department of Health; filed Mar 30, 2000, 3:51 p.m.: 23 IR 1984)

410 IAC 7-16.1-25 410 IAC 7-16.1-25 Ventilation (Repealed)

410 IAC 7-16.1-25 Ventilation (Repealed)

(Repealed by Indiana Department of Health; filed Mar 30, 2000, 3:51 p.m.: 23 IR 1984)

410 IAC 7-16.1-26 410 IAC 7-16.1-26 Employee dressing rooms; locker areas (Repealed)

410 IAC 7-16.1-26 Employee dressing rooms; locker areas (Repealed)

(Repealed by Indiana Department of Health; filed Mar 30, 2000, 3:51 p.m.: 23 IR 1984)

410 IAC 7-16.1-27 410 IAC 7-16.1-27 Poisonous or toxic materials (Repealed)

410 IAC 7-16.1-27 Poisonous or toxic materials (Repealed)

(Repealed by Indiana Department of Health; filed Mar 30, 2000, 3:51 p.m.: 23 IR 1984)

410 IAC 7-16.1-28 410 IAC 7-16.1-28 Premises (Repealed)

410 IAC 7-16.1-28 Premises (Repealed)

(Repealed by Indiana Department of Health; filed Mar 30, 2000, 3:51 p.m.: 23 IR 1984)

410 IAC 7-16.1-29 410 IAC 7-16.1-29 Exemptions for existing facilities (Repealed)

410 IAC 7-16.1-29 Exemptions for existing facilities (Repealed)

(Repealed by Indiana Department of Health; filed Mar 30, 2000, 3:51 p.m.: 23 IR 1984)

410 IAC 7-16.1-30 410 IAC 7-16.1-30 Fee schedule (Repealed)

410 IAC 7-16.1-30 Fee schedule (Repealed)

(Repealed by Indiana Department of Health; filed Apr 16, 1996, 4:10 p.m.: 19 IR 2285)

Rule 17

410 IAC 7-17-1 410 IAC 7-17-1 Definitions (Repealed)

Rule 17. Sanitation of Vending of Foods and Beverages

410 IAC 7-17-1 Definitions (Repealed)

(Repealed by Indiana Department of Health; filed Mar 30, 2000, 3:51 p.m.: 23 IR 1984)

410 IAC 7-17-2 410 IAC 7-17-2 Sanitation requirements (Expired)

410 IAC 7-17-2 Sanitation requirements (Expired)

(Expired under IC 4-22-2.5, effective January 1, 2002.)

410 IAC 7-17-3 410 IAC 7-17-3 Communicable disease control (Expired)

410 IAC 7-17-3 Communicable disease control (Expired)

(Expired under IC 4-22-2.5, effective January 1, 2002.)

Rule 18

410 IAC 7-18-1 410 IAC 7-18-1 Definitions and standards; adoption of federal regulations (Expired)

Rule 18. Adoption by Reference from Code of Federal Regulations, Title 21, Chapter 1; Definitions and Standards

410 IAC 7-18-1 Definitions and standards; adoption of federal regulations (Expired)

(Expired under IC 4-22-2.5, effective January 1, 2002.)

410 IAC 7-19 Rule 19. Retail and Manufactured Food Production and Processing (Repealed)

Rule 19. Retail and Manufactured Food Production and Processing (Repealed)

(Repealed by Indiana Department of Health; filed Dec 4, 2003, 3:05 p.m.: 27 IR 1169)

410 IAC 7-20 Rule 20. Retail Food Establishment Sanitation (Repealed)

Rule 20. Retail Food Establishment Sanitation (Repealed)

(Repealed by Indiana Department of Health; filed Oct 13, 2004, 12:30 p.m.: 28 IR 906)

Rule 21

410 IAC 7-21-1 410 IAC 7-21-1 Applicability

Rule 21. Wholesale Food Establishment Sanitation Requirements

410 IAC 7-21-1 Applicability

Authority: IC 16-42-5-5

Affected: IC 16-42-5

Sec. 1. The definitions in this rule apply throughout this rule.

(Indiana Department of Health; 410 IAC 7-21-1; filed Jan 7, 2002, 10:16 a.m.: 25 IR 1615, eff one hundred twenty (120) days after filing with secretary of state; readopted filed Jul 14, 2008, 2:14 p.m.: 20080806-IR-410080322RFA; readopted filed Sep 10, 2014, 2:08 p.m.: 20141008-IR-410140299RFA; readopted filed Sep 10, 2020, 2:11 p.m.: 20201007-IR-410200404RFA)

410 IAC 7-21-2 410 IAC 7-21-2 "Acid foods" defined

410 IAC 7-21-2 "Acid foods" defined

Authority: IC 16-42-5-5

Affected: IC 16-42-5

Sec. 2. "Acid foods" means foods that have a natural pH of 4.6 or below.

(Indiana Department of Health; 410 IAC 7-21-2; filed Jan 7, 2002, 10:16 a.m.: 25 IR 1615, eff one hundred twenty (120) days after filing with secretary of state; readopted filed Jul 14, 2008, 2:14 p.m.: 20080806-IR-410080322RFA; readopted filed Sep 10, 2014, 2:08 p.m.: 20141008-IR-410140299RFA; readopted filed Sep 10, 2020, 2:11 p.m.: 20201007-IR-410200404RFA)

410 IAC 7-21-3 410 IAC 7-21-3 "Acidified foods" defined

410 IAC 7-21-3 "Acidified foods" defined

Authority: IC 16-42-5-5

Affected: IC 16-42-5

Sec. 3. (a) "Acidified foods" means low-acid foods to which acid or acid food is added; these foods include, but are not limited to:

(1) beans;

(2) cucumbers;

(3) cabbage;

(4) artichokes;

(5) cauliflower;

(6) puddings;

(7) peppers;

(8) tropical fruits; and

(9) fish;

singly or in any combination. They have a water activity (a_w) greater than eighty-five hundredths (0.85) and have a finished equilibrium pH of 4.6 or below. These foods may be called pickled, such as "pickled cauliflower".

(b) Excluded from the definition of acidified foods are:

(1) carbonated beverages;

(2) jams;

(3) jellies;

(4) preserves; and

(5) acid foods;

(including such foods as standardized and nonstandardized food dressings and condiment sauces) that contain small amounts of low-acid food and have a resultant finished equilibrium pH that does not significantly differ from that of the predominant acid or acid food, and foods that are stored, distributed, and retailed under refrigeration.

(Indiana Department of Health; 410 IAC 7-21-3; filed Jan 7, 2002, 10:16 a.m.: 25 IR 1615, eff one hundred twenty (120) days after filing with secretary of state; readopted filed Jul 14, 2008, 2:14 p.m.: 20080806-IR-410080322RFA; readopted filed Sep 10, 2014, 2:08 p.m.: 20141008-IR-410140299RFA; readopted filed Sep 10, 2020, 2:11 p.m.: 20201007-IR-410200404RFA)

410 IAC 7-21-4 410 IAC 7-21-4 "Adequate" defined

410 IAC 7-21-4 "Adequate" defined

Authority: IC 16-42-5-5

Affected: IC 16-42-5

Sec. 4. "Adequate" means that which is needed to accomplish the intended purpose in keeping with good public health practice.

(Indiana Department of Health; 410 IAC 7-21-4; filed Jan 7, 2002, 10:16 a.m.: 25 IR 1615, eff one hundred twenty (120) days after filing with secretary of state; readopted filed Jul 14, 2008, 2:14 p.m.: 20080806-IR-410080322RFA; readopted filed Sep 10, 2014, 2:08 p.m.: 20141008-IR-410140299RFA; readopted filed Sep 10, 2020, 2:11 p.m.: 20201007-IR-410200404RFA)

410 IAC 7-21-5 410 IAC 7-21-5 "Adulterated" defined

410 IAC 7-21-5 "Adulterated" defined

Authority: IC 16-42-5-5

Affected: IC 16-42

Sec. 5. "Adulterated" has the meaning set forth under IC 16-42-1 through IC 16-42-4.

(Indiana Department of Health; 410 IAC 7-21-5; filed Jan 7, 2002, 10:16 a.m.: 25 IR 1615, eff one hundred twenty (120) days after filing with secretary of state; readopted filed Jul 14, 2008, 2:14 p.m.: 20080806-IR-410080322RFA; readopted filed Sep 10, 2014, 2:08 p.m.: 20141008-IR-410140299RFA; readopted filed Sep 10, 2020, 2:11 p.m.: 20201007-IR-410200404RFA)

410 IAC 7-21-6 410 IAC 7-21-6 "Allergen" defined

410 IAC 7-21-6 "Allergen" defined

Authority: IC 16-42-5-5

Affected: IC 16-42-5

Sec. 6. "Allergen" means foods that are commonly known to cause serious allergenic responses, including, but not limited to, the following:

(1) Milk.

(2) Eggs.

(3) Fish.

(4) Crustacea.

(5) Mollusks.

(6) Tree nuts.

(7) Wheat.

(8) Legumes, particularly peanuts and soybeans.

(Indiana Department of Health; 410 IAC 7-21-6; filed Jan 7, 2002, 10:16 a.m.: 25 IR 1615, eff one hundred twenty (120) days after filing with secretary of state; readopted filed Jul 14, 2008, 2:14 p.m.: 20080806-IR-410080322RFA; readopted filed Sep 10, 2014, 2:08 p.m.: 20141008-IR-410140299RFA; readopted filed Sep 10, 2020, 2:11 p.m.: 20201007-IR-410200404RFA)

410 IAC 7-21-7 410 IAC 7-21-7 "Batter" defined

410 IAC 7-21-7 "Batter" defined

Authority: IC 16-42-5-5

Affected: IC 16-42-5

Sec. 7. "Batter" means a semifluid substance, usually composed of flour and other ingredients, into which principal components of food are dipped or with which they are coated, or which may be used directly to form bakery foods.

(Indiana Department of Health; 410 IAC 7-21-7; filed Jan 7, 2002, 10:16 a.m.: 25 IR 1616, eff one hundred twenty (120) days after filing with secretary of state; readopted filed Jul 14, 2008, 2:14 p.m.: 20080806-IR-410080322RFA; readopted filed Sep 10, 2014, 2:08 p.m.: 20141008-IR-410140299RFA; readopted filed Sep 10, 2020, 2:11 p.m.: 20201007-IR-410200404RFA)

410 IAC 7-21-8 410 IAC 7-21-8 "Blanching" defined

410 IAC 7-21-8 "Blanching" defined

Authority: IC 16-42-5-5

Affected: IC 16-42-5

Sec. 8. "Blanching", except for tree nuts and peanuts, means a prepackaging heat treatment of foodstuffs for a sufficient time and at a sufficient temperature to partially or completely inactivate the naturally occurring enzymes and to affect other physical or biochemical changes in the food.

(Indiana Department of Health; 410 IAC 7-21-8; filed Jan 7, 2002, 10:16 a.m.: 25 IR 1616, eff one hundred twenty (120) days after filing with secretary of state; readopted filed Jul 14, 2008, 2:14 p.m.: 20080806-IR-410080322RFA; readopted filed Sep 10, 2014, 2:08 p.m.: 20141008-IR-410140299RFA; readopted filed Sep 10, 2020, 2:11 p.m.: 20201007-IR-410200404RFA)

410 IAC 7-21-9 410 IAC 7-21-9 "Bottled drinking water" defined

410 IAC 7-21-9 "Bottled drinking water" defined

Authority: IC 16-42-5-5

Affected: IC 16-42-5

Sec. 9. "Bottled drinking water" means water that is sealed in bottles, packages, or other containers and offered for sale for human consumption, including bottled mineral water.

(Indiana Department of Health; 410 IAC 7-21-9; filed Jan 7, 2002, 10:16 a.m.: 25 IR 1616, eff one hundred twenty (120) days after filing with secretary of state; readopted filed Jul 14, 2008, 2:14 p.m.: 20080806-IR-410080322RFA; readopted filed Sep 10, 2014, 2:08 p.m.: 20141008-IR-410140299RFA; readopted filed Sep 10, 2020, 2:11 p.m.: 20201007-IR-410200404RFA)

410 IAC 7-21-10 410 IAC 7-21-10 "CFR" defined

410 IAC 7-21-10 "CFR" defined

Authority: IC 16-42-5-5

Affected: IC 16-42-5

Sec. 10. "CFR" means the Code of Federal Regulations.

(Indiana Department of Health; 410 IAC 7-21-10; filed Jan 7, 2002, 10:16 a.m.: 25 IR 1616, eff one hundred twenty (120) days after filing with secretary of state; readopted filed Jul 14, 2008, 2:14 p.m.: 20080806-IR-410080322RFA; readopted filed Sep 10, 2014, 2:08 p.m.: 20141008-IR-410140299RFA; readopted filed Sep 10, 2020, 2:11 p.m.: 20201007-IR-410200404RFA)

410 IAC 7-21-11 410 IAC 7-21-11 "CIP system" defined

410 IAC 7-21-11 "CIP system" defined

Authority: IC 16-42-5-5

Affected: IC 16-42-5

Sec. 11. "CIP" means cleaned in place by the circulation or flowing by mechanical means through a piping system of a detergent solution, water rinse, and sanitizing solution onto or over equipment surfaces that require cleaning. The term does not include the cleaning of equipment, such as band saws, slicers, or mixers that are subjected to in-place manual cleaning without the use of a CIP system.

(Indiana Department of Health; 410 IAC 7-21-11; filed Jan 7, 2002, 10:16 a.m.: 25 IR 1616, eff one hundred twenty (120) days after filing with secretary of state; readopted filed Jul 14, 2008, 2:14 p.m.: 20080806-IR-410080322RFA; readopted filed Sep 10, 2014, 2:08 p.m.: 20141008-IR-410140299RFA; readopted filed Sep 10, 2020, 2:11 p.m.: 20201007-IR-410200404RFA)

410 IAC 7-21-12 410 IAC 7-21-12 "Critical control point" defined

410 IAC 7-21-12 "Critical control point" defined

Authority: IC 16-42-5-5

Affected: IC 16-42-5

Sec. 12. "Critical control point" means a point or procedure in a specific food process where loss of control may result in an unacceptable health risk.

(Indiana Department of Health; 410 IAC 7-21-12; filed Jan 7, 2002, 10:16 a.m.: 25 IR 1616, eff one hundred twenty (120) days after filing with secretary of state; readopted filed Jul 14, 2008, 2:14 p.m.: 20080806-IR-410080322RFA; readopted filed Sep 10, 2014, 2:08 p.m.: 20141008-IR-410140299RFA; readopted filed Sep 10, 2020, 2:11 p.m.: 20201007-IR-410200404RFA)

410 IAC 7-21-13 410 IAC 7-21-13 "Department" defined

410 IAC 7-21-13 "Department" defined

Authority: IC 16-42-5-5

Affected: IC 16-42-5

Sec. 13. "Department" means the Indiana department of health or its authorized representative.

(Indiana Department of Health; 410 IAC 7-21-13; filed Jan 7, 2002, 10:16 a.m.: 25 IR 1616, eff one hundred twenty (120) days after filing with secretary of state; readopted filed Jul 14, 2008, 2:14 p.m.: 20080806-IR-410080322RFA; readopted filed Sep 10, 2014, 2:08 p.m.: 20141008-IR-410140299RFA; readopted filed Sep 10, 2020, 2:11 p.m.: 20201007-IR-410200404RFA; errata filed Jul 28, 2021, 9:35 a.m.: 20210811-IR-410210313ACA)

410 IAC 7-21-14 410 IAC 7-21-14 "Drinking water" defined

410 IAC 7-21-14 "Drinking water" defined

Authority: IC 16-42-5-5

Affected: IC 16-42-5

Sec. 14. "Drinking water" means water that meets the requirements of 327 IAC 8. The term is traditionally known as potable water. The term includes water, except where the term used connotes that the water is not potable, such as boiler water, mop water, wastewater, and nondrinking water.

(Indiana Department of Health; 410 IAC 7-21-14; filed Jan 7, 2002, 10:16 a.m.: 25 IR 1616, eff one hundred twenty (120) days after filing with secretary of state; readopted filed Jul 14, 2008, 2:14 p.m.: 20080806-IR-410080322RFA; readopted filed Sep 10, 2014, 2:08 p.m.: 20141008-IR-410140299RFA; readopted filed Sep 10, 2020, 2:11 p.m.: 20201007-IR-410200404RFA)

410 IAC 7-21-15 410 IAC 7-21-15 "Food" defined

410 IAC 7-21-15 "Food" defined

Authority: IC 16-42-5-5

Affected: IC 16-42-5

Sec. 15. "Food" means the following:

(1) All articles used for food, drink, confectionery, or condiment whether simple, mixed, or compound.

(2) All substances or ingredients used in the preparation of the items described in subdivision (1).

(Indiana Department of Health; 410 IAC 7-21-15; filed Jan 7, 2002, 10:16 a.m.: 25 IR 1616, eff one hundred twenty (120) days after filing with secretary of state; readopted filed Jul 14, 2008, 2:14 p.m.: 20080806-IR-410080322RFA; readopted filed Sep 10, 2014, 2:08 p.m.: 20141008-IR-410140299RFA; readopted filed Sep 10, 2020, 2:11 p.m.: 20201007-IR-410200404RFA)

410 IAC 7-21-16 410 IAC 7-21-16 "Food-contact surface" defined

410 IAC 7-21-16 "Food-contact surface" defined

Authority: IC 16-42-5-5

Affected: IC 16-42-5

Sec. 16. "Food-contact surface" means a surface of equipment or a utensil:

(1) with which food normally comes into contact; or

(2) from which food may drain, drip, or splash into a food, or onto a surface normally in contact with food.

(Indiana Department of Health; 410 IAC 7-21-16; filed Jan 7, 2002, 10:16 a.m.: 25 IR 1616, eff one hundred twenty (120) days after filing with secretary of state; readopted filed Jul 14, 2008, 2:14 p.m.: 20080806-IR-410080322RFA; readopted filed Sep 10, 2014, 2:08 p.m.: 20141008-IR-410140299RFA; readopted filed Sep 10, 2020, 2:11 p.m.: 20201007-IR-410200404RFA)

410 IAC 7-21-17 410 IAC 7-21-17 "Food employee" defined

410 IAC 7-21-17 "Food employee" defined

Authority: IC 16-42-5-5

Affected: IC 16-42-5

Sec. 17. "Food employee" means an individual working with food, food equipment or utensils, or food-contact surfaces.

(Indiana Department of Health; 410 IAC 7-21-17; filed Jan 7, 2002, 10:16 a.m.: 25 IR 1617, eff one hundred twenty (120) days after filing with secretary of state; readopted filed Jul 14, 2008, 2:14 p.m.: 20080806-IR-410080322RFA; readopted filed Sep 10, 2014, 2:08 p.m.: 20141008-IR-410140299RFA; readopted filed Sep 10, 2020, 2:11 p.m.: 20201007-IR-410200404RFA)

410 IAC 7-21-18 410 IAC 7-21-18 "HACCP plan" defined

410 IAC 7-21-18 "HACCP plan" defined

Authority: IC 16-42-5-5

Affected: IC 16-42-5

Sec. 18. "HACCP plan" means a written document that delineates the formal procedures for following the Hazard Analysis Critical Control Point principles developed by the National Advisory Committee on Microbiological Criteria for Foods.

(Indiana Department of Health; 410 IAC 7-21-18; filed Jan 7, 2002, 10:16 a.m.: 25 IR 1617, eff one hundred twenty (120) days after filing with secretary of state; readopted filed Jul 14, 2008, 2:14 p.m.: 20080806-IR-410080322RFA; readopted filed Sep 10, 2014, 2:08 p.m.: 20141008-IR-410140299RFA; readopted filed Sep 10, 2020, 2:11 p.m.: 20201007-IR-410200404RFA)

410 IAC 7-21-19 410 IAC 7-21-19 "Lot" defined

410 IAC 7-21-19 "Lot" defined

Authority: IC 16-42-5-5

Affected: IC 16-42-5

Sec. 19. "Lot" means the food produced during a period of time indicated by a specific code.

(Indiana Department of Health; 410 IAC 7-21-19; filed Jan 7, 2002, 10:16 a.m.: 25 IR 1617, eff one hundred twenty (120) days after filing with secretary of state; readopted filed Jul 14, 2008, 2:14 p.m.: 20080806-IR-410080322RFA; readopted filed Sep 10, 2014, 2:08 p.m.: 20141008-IR-410140299RFA; readopted filed Sep 10, 2020, 2:11 p.m.: 20201007-IR-410200404RFA)

410 IAC 7-21-20 410 IAC 7-21-20 "Low-acid food" defined

410 IAC 7-21-20 "Low-acid food" defined

Authority: IC 16-42-5-5

Affected: IC 16-42-5

Sec. 20. "Low-acid food" means any food, other than alcoholic beverages, with a finished equilibrium pH greater than 4.6 and a water activity (a_w) greater than eighty-five hundredths (0.85).

(Indiana Department of Health; 410 IAC 7-21-20; filed Jan 7, 2002, 10:16 a.m.: 25 IR 1617, eff one hundred twenty (120) days after filing with secretary of state; readopted filed Jul 14, 2008, 2:14 p.m.: 20080806-IR-410080322RFA; readopted filed Sep 10, 2014, 2:08 p.m.: 20141008-IR-410140299RFA; readopted filed Sep 10, 2020, 2:11 p.m.: 20201007-IR-410200404RFA)

410 IAC 7-21-21 410 IAC 7-21-21 "Micro-organisms" defined

410 IAC 7-21-21 "Micro-organisms" defined

Authority: IC 16-42-5-5

Affected: IC 16-42-5

Sec. 21. "Micro-organisms" means yeasts, molds, bacteria, protozoa, and viruses and includes, but is not limited to, species having public health significance. The term "undesirable micro-organisms" includes those micro-organisms that are of public health significance and those of nonpublic health significance that result in food spoilage or that indicate that food is contaminated with filth, or that otherwise may cause food to be adulterated. "Microbial" is used in some instances instead of using an adjectival phrase containing the word micro-organism.

(Indiana Department of Health; 410 IAC 7-21-21; filed Jan 7, 2002, 10:16 a.m.: 25 IR 1617, eff one hundred twenty (120) days after filing with secretary of state; readopted filed Jul 14, 2008, 2:14 p.m.: 20080806-IR-410080322RFA; readopted filed Sep 10, 2014, 2:08 p.m.: 20141008-IR-410140299RFA; readopted filed Sep 10, 2020, 2:11 p.m.: 20201007-IR-410200404RFA)

410 IAC 7-21-22 410 IAC 7-21-22 "Pest" defined

410 IAC 7-21-22 "Pest" defined

Authority: IC 16-42-5-5

Affected: IC 16-42-5

Sec. 22. "Pest" refers to any objectionable animals or insects, including, but not limited to, the following:

(1) Birds.

(2) Rodents.

(3) Flies.

(4) Larvae.

(Indiana Department of Health; 410 IAC 7-21-22; filed Jan 7, 2002, 10:16 a.m.: 25 IR 1617, eff one hundred twenty (120) days after filing with secretary of state; readopted filed Jul 14, 2008, 2:14 p.m.: 20080806-IR-410080322RFA; readopted filed Sep 10, 2014, 2:08 p.m.: 20141008-IR-410140299RFA; readopted filed Sep 10, 2020, 2:11 p.m.: 20201007-IR-410200404RFA)

410 IAC 7-21-23 410 IAC 7-21-23 "pH" defined

410 IAC 7-21-23 "pH" defined

Authority: IC 16-42-5-5

Affected: IC 16-42-5

Sec. 23. "pH" means the symbol for the negative logarithm of the hydrogen ion concentration, which is a measure of the degree of acidity or alkalinity of a solution. Values between zero (0) and seven (7) indicate acidity, and values between seven (7) and fourteen (14) indicate alkalinity. The value for pure distilled water is seven (7), which is considered neutral.

(Indiana Department of Health; 410 IAC 7-21-23; filed Jan 7, 2002, 10:16 a.m.: 25 IR 1617, eff one hundred twenty (120) days after filing with secretary of state; readopted filed Jul 14, 2008, 2:14 p.m.: 20080806-IR-410080322RFA; readopted filed Sep 10, 2014, 2:08 p.m.: 20141008-IR-410140299RFA; readopted filed Sep 10, 2020, 2:11 p.m.: 20201007-IR-410200404RFA)

410 IAC 7-21-24 410 IAC 7-21-24 "Plant" defined

410 IAC 7-21-24 "Plant" defined

Authority: IC 16-42-5-5

Affected: IC 16-42-5

Sec. 24. "Plant" means the building or facility or parts thereof, used for or in connection with the manufacturing, packaging, labeling, holding, or storing of human food.

(Indiana Department of Health; 410 IAC 7-21-24; filed Jan 7, 2002, 10:16 a.m.: 25 IR 1617, eff one hundred twenty (120) days after filing with secretary of state; readopted filed Jul 14, 2008, 2:14 p.m.: 20080806-IR-410080322RFA; readopted filed Sep 10, 2014, 2:08 p.m.: 20141008-IR-410140299RFA; readopted filed Sep 10, 2020, 2:11 p.m.: 20201007-IR-410200404RFA)

410 IAC 7-21-25 410 IAC 7-21-25 "Potentially hazardous food" defined

410 IAC 7-21-25 "Potentially hazardous food" defined

Authority: IC 16-42-5-5

Affected: IC 16-42-5

Sec. 25. (a) "Potentially hazardous food" means a natural or synthetic food and requires temperature control because it is in a form capable of supporting any of the following:

(1) The rapid and progressive growth of infectious or toxigenic micro-organisms.

(2) The growth and toxin production of Clostridium botulinum.

(3) In raw shell eggs, the growth of Salmonella enteritidis.

(b) The term includes the following:

(1) A food of animal origin that is raw or heat-treated.

(2) A food of plant origin that is heat-treated or consists of raw seed sprouts.

(3) Cut melons.

(4) Garlic-in-oil mixtures that are not modified in a way that results in mixtures that do not support growth as specified under subsection (a).

(c) The term does not include any of the following:

(1) An air-cooled hard-boiled egg with shell intact.

(2) A food with a water activity (a_w) value of eighty-five hundredths (0.85) or less.

(3) A food with a pH level of four and six-tenths (4.6) or below when measured at seventy-five (75) degrees Fahrenheit.

(4) A food, in an unopened hermetically sealed container that is commercially processed to achieve and maintain commercial sterility under conditions of nonrefrigerated storage and distribution.

(5) A food for which laboratory evidence demonstrates that the rapid and progressive growth of infectious or toxigenic micro-organisms or the growth of Salmonella enteritidis in eggs or Clostridium botulinum cannot occur, such as a food that:

(A) has an a_w and a pH that are above the levels specified under subdivisions (2) and (3); and

(B) may contain a preservative, other barrier to the growth of micro-organisms, or a combination of barriers that inhibit the growth of micro-organisms.

(6) A food that may contain an infectious or toxigenic micro-organism or chemical or physical contaminant at a level sufficient to cause illness, but that does not support the growth of micro-organisms as specified under subsection (a).

(Indiana Department of Health; 410 IAC 7-21-25; filed Jan 7, 2002, 10:16 a.m.: 25 IR 1617, eff one hundred twenty (120) days after filing with secretary of state; readopted filed Jul 14, 2008, 2:14 p.m.: 20080806-IR-410080322RFA; readopted filed Sep 10, 2014, 2:08 p.m.: 20141008-IR-410140299RFA; readopted filed Sep 10, 2020, 2:11 p.m.: 20201007-IR-410200404RFA)

410 IAC 7-21-26 410 IAC 7-21-26 "Public health significance" defined

410 IAC 7-21-26 "Public health significance" defined

Authority: IC 16-42-5-5

Affected: IC 16-42-5

Sec. 26. "Public health significance" means:

(1) the potential for causing diseases with symptoms, such as, but not limited to:

(A) diarrhea;

(B) fever;

(C) jaundice;

(D) vomiting or sore throat with fever; or

(E) boils; or

(2) for diseases such as, but not limited to:

(A) Salmonella spp.;

(B) Shigella spp.;

(C) Escherichia coli 0157:H7; or

(D) Hepatitis A virus associated with foodborne or waterborne transmission that are reportable according to 410 IAC 1-2.3.

(Indiana Department of Health; 410 IAC 7-21-26; filed Jan 7, 2002, 10:16 a.m.: 25 IR 1618, eff one hundred twenty (120) days after filing with secretary of state; readopted filed Jul 14, 2008, 2:14 p.m.: 20080806-IR-410080322RFA; readopted filed Sep 10, 2014, 2:08 p.m.: 20141008-IR-410140299RFA; readopted filed Sep 10, 2020, 2:11 p.m.: 20201007-IR-410200404RFA)

410 IAC 7-21-27 410 IAC 7-21-27 "Quality control operation" defined

410 IAC 7-21-27 "Quality control operation" defined

Authority: IC 16-42-5-5

Affected: IC 16-42-2-2; IC 16-42-5

Sec. 27. "Quality control operation" means a planned and systematic procedure for taking all actions necessary to prevent food from being adulterated as defined under IC 16-42-2-2.

(Indiana Department of Health; 410 IAC 7-21-27; filed Jan 7, 2002, 10:16 a.m.: 25 IR 1618, eff one hundred twenty (120) days after filing with secretary of state; readopted filed Jul 14, 2008, 2:14 p.m.: 20080806-IR-410080322RFA; readopted filed Sep 10, 2014, 2:08 p.m.: 20141008-IR-410140299RFA; readopted filed Sep 10, 2020, 2:11 p.m.: 20201007-IR-410200404RFA)

410 IAC 7-21-28 410 IAC 7-21-28 "Reduced oxygen packaging" defined

410 IAC 7-21-28 "Reduced oxygen packaging" defined

Authority: IC 16-42-5-5

Affected: IC 16-42-5

Sec. 28. (a) "Reduced oxygen packaging" means the following:

(1) The reduction of the amount of oxygen in a package by:

(A) removing oxygen;

(B) displacing oxygen and replacing it with another gas or combination of gases; or

(C) otherwise controlling the oxygen content to a level below that normally found in the surrounding twenty-one percent (21%) oxygen atmosphere.

(2) A process as specified in subdivision (1) that involves a food for which Clostridium botulinum is identified as a microbiological hazard in the final packaged form.

(b) The term includes the following:

(1) Vacuum packaging in which air is removed from a package of food and the package is hermetically sealed so that a vacuum remains inside the package, such as sous vide.

(2) Modified atmosphere packaging in which the atmosphere of a package of food is modified so that its composition is different from air but the atmosphere may change over time due to the permeability of the packaging material or the respiration of the food. Modified atmosphere packaging includes any of the following:

(A) Reduction in the proportion of oxygen.

(B) Total replacement of oxygen.

(C) An increase in the proportion of other gases, such as carbon dioxide or nitrogen.

(3) Controlled atmosphere packaging in which the atmosphere of a package of food is modified so that, until the package is opened, its composition is different from air, and continuous control of that atmosphere is maintained as such by using oxygen scavengers or a combination of total replacement of oxygen, nonrespiring food, and impermeable packaging material.

(Indiana Department of Health; 410 IAC 7-21-28; filed Jan 7, 2002, 10:16 a.m.: 25 IR 1618, eff one hundred twenty (120) days after filing with secretary of state; readopted filed Jul 14, 2008, 2:14 p.m.: 20080806-IR-410080322RFA; readopted filed Sep 10, 2014, 2:08 p.m.: 20141008-IR-410140299RFA; readopted filed Sep 10, 2020, 2:11 p.m.: 20201007-IR-410200404RFA)

410 IAC 7-21-29 410 IAC 7-21-29 "Restricted use pesticide" defined

410 IAC 7-21-29 "Restricted use pesticide" defined

Authority: IC 16-42-5-5

Affected: IC 15-16-4-37; IC 16-42-5

Sec. 29. "Restricted use pesticide" has the same meaning as defined in IC 15-3-3.5-2(27) [IC 15-3 was repealed by P.L.2-2008, SECTION 83, effective July 1, 2008. See IC 15-16-4-37.] .

(Indiana Department of Health; 410 IAC 7-21-29; filed Jan 7, 2002, 10:16 a.m.: 25 IR 1619, eff one hundred twenty (120) days after filing with secretary of state; readopted filed Jul 14, 2008, 2:14 p.m.: 20080806-IR-410080322RFA; readopted filed Sep 10, 2014, 2:08 p.m.: 20141008-IR-410140299RFA; readopted filed Sep 10, 2020, 2:11 p.m.: 20201007-IR-410200404RFA)

410 IAC 7-21-30 410 IAC 7-21-30 "Rework" defined

410 IAC 7-21-30 "Rework" defined

Authority: IC 16-42-5-5

Affected: IC 16-42-5

Sec. 30. "Rework" means clean, unadulterated food that has been removed from processing for reasons other than insanitary conditions or that has been successfully reconditioned by reprocessing and that is suitable for use as food.

(Indiana Department of Health; 410 IAC 7-21-30; filed Jan 7, 2002, 10:16 a.m.: 25 IR 1619, eff one hundred twenty (120) days after filing with secretary of state; readopted filed Jul 14, 2008, 2:14 p.m.: 20080806-IR-410080322RFA; readopted filed Sep 10, 2014, 2:08 p.m.: 20141008-IR-410140299RFA; readopted filed Sep 10, 2020, 2:11 p.m.: 20201007-IR-410200404RFA)

410 IAC 7-21-31 410 IAC 7-21-31 "Sanitization" defined

410 IAC 7-21-31 "Sanitization" defined

Authority: IC 16-42-5-5

Affected: IC 16-42-5

Sec. 31. "Sanitization" means the application of cumulative heat or chemicals on cleaned food-contact surfaces that, when evaluated for efficacy, is sufficient to yield a reduction of five (5) logs, which is equal to a ninety-nine and nine hundred ninety-nine thousandths percent (99.999%) reduction of representative disease-causing micro-organisms of public health significance.

(Indiana Department of Health; 410 IAC 7-21-31; filed Jan 7, 2002, 10:16 a.m.: 25 IR 1619, eff one hundred twenty (120) days after filing with secretary of state; readopted filed Jul 14, 2008, 2:14 p.m.: 20080806-IR-410080322RFA; readopted filed Sep 10, 2014, 2:08 p.m.: 20141008-IR-410140299RFA; readopted filed Sep 10, 2020, 2:11 p.m.: 20201007-IR-410200404RFA)

410 IAC 7-21-32 410 IAC 7-21-32 "Scheduled process" defined

410 IAC 7-21-32 "Scheduled process" defined

Authority: IC 16-42-5-5

Affected: IC 16-42-5

Sec. 32. "Scheduled process" means the process selected by a processor as adequate for use under food manufacturing conditions to achieve and maintain a food that will not permit the growth of micro-organisms having a public health significance. The term includes control of pH and other critical factors equivalent to the process established by a competent processing authority.

(Indiana Department of Health; 410 IAC 7-21-32; filed Jan 7, 2002, 10:16 a.m.: 25 IR 1619, eff one hundred twenty (120) days after filing with secretary of state; readopted filed Jul 14, 2008, 2:14 p.m.: 20080806-IR-410080322RFA; readopted filed Sep 10, 2014, 2:08 p.m.: 20141008-IR-410140299RFA; readopted filed Sep 10, 2020, 2:11 p.m.: 20201007-IR-410200404RFA)

410 IAC 7-21-33 410 IAC 7-21-33 "Water activity" defined

410 IAC 7-21-33 "Water activity" defined

Authority: IC 16-42-5-5

Affected: IC 16-42-5

Sec. 33. "Water activity" indicated by the symbol a_wmeans water activity that is a measure of the free moisture in a food and the quotient of the water vapor pressure of the substance divided by the vapor pressure of pure water at the same temperature.

(Indiana Department of Health; 410 IAC 7-21-33; filed Jan 7, 2002, 10:16 a.m.: 25 IR 1619, eff one hundred twenty (120) days after filing with secretary of state; readopted filed Jul 14, 2008, 2:14 p.m.: 20080806-IR-410080322RFA; readopted filed Sep 10, 2014, 2:08 p.m.: 20141008-IR-410140299RFA; readopted filed Sep 10, 2020, 2:11 p.m.: 20201007-IR-410200404RFA)

410 IAC 7-21-34 410 IAC 7-21-34 "Wholesale food establishment" defined

410 IAC 7-21-34 "Wholesale food establishment" defined

Authority: IC 16-42-5-5

Affected: IC 15-17-5; IC 15-18-1; IC 16-42-11

Sec. 34. (a) "Wholesale food establishment" means any establishment within Indiana that manufactures, packages, stores, repackages, or transports human food products for distribution to another entity for resale or redistribution.

(b) The term does not include the following:

(1) A residential kitchen in a private home.

(2) Bed and breakfast establishments subject to 410 IAC 7-15.5.

(3) An establishment engaged solely in the harvesting, storage, or distribution of one (1) or more raw agricultural commodities, that is not ordinarily cleaned, prepared, treated, or otherwise processed before being marketed to the consuming public.

(4) Meat and poultry processing plants subject to IC 15-2.1-24 [IC 15-2.1 was repealed by P.L.2-2008, SECTION 83, effective July 1, 2008. See IC 15-17-5.] ; dairy processing plants subject to IC 15-2.1-23 [IC 15-2.1 was repealed by P.L.2-2008, SECTION 83, effective July 1, 2008. See IC 15-18-1.] and 345 IAC 8; or shell egg plants subject to 370 IAC 1-10-1 and IC 16-42-11.

(5) Any establishments as defined in 410 IAC 7-24-79, except when engaged in activities under subsection (a) or when producing acidified foods in hermetically sealed containers.

(Indiana Department of Health; 410 IAC 7-21-34; filed Jan 7, 2002, 10:16 a.m.: 25 IR 1619, eff one hundred twenty (120) days after filing with secretary of state; errata filed Jan 9, 2002, 12:50 p.m.: 25 IR 1644; errata filed Jan 21, 2005, 10:32 a.m.: 28 IR 1695; readopted filed Jul 14, 2008, 2:14 p.m.: 20080806-IR-410080322RFA; readopted filed Sep 10, 2014, 2:08 p.m.: 20141008-IR-410140299RFA; readopted filed Sep 10, 2020, 2:11 p.m.: 20201007-IR-410200404RFA)

410 IAC 7-21-35 410 IAC 7-21-35 Personnel health

410 IAC 7-21-35 Personnel health

Authority: IC 16-42-5-5

Affected: IC 16-42-5

Sec. 35. (a) The plant management shall take all reasonable measures and precautions to ensure compliance with the following:

(1) Any person who, by medical examination or supervisory observation, is shown to have, or appears to have:

(A) an illness;

(B) an open lesion, including:

(i) boils;

(ii) sores; or

(iii) infected wounds; or

(C) any other abnormal source of microbial contamination;

by which there is a reasonable possibility of food, food-contact surfaces, or food-packaging materials becoming contaminated shall be excluded or restricted from any operations, which may result in contamination until the condition is corrected. Personnel shall be instructed to report such health conditions to supervisory personnel.

(2) An exclusion shall be applied if a food employee is diagnosed with an illness due to Salmonella spp., Shigella spp., Escherichia coli 0157:H7, or Hepatitis A virus. A food employee shall be restricted from working with exposed food, food-contact surfaces, clean equipment, and utensils or food-packaging materials if the food employee:

(A) has a symptom caused by illness, infection, or other source that is associated with an acute gastrointestinal illness, such as diarrhea, fever, vomiting, jaundice, or sore throat with fever;

(B) has a lesion containing pus, such as a boil or infected wound that is open or draining and is:

(i) on the hands or wrists unless an impermeable cover, such as a finger cot or stall protects the lesion and a single-use glove is worn over the impermeable cover;

(ii) on exposed portions of the arms unless the lesion is protected by an impermeable cover; or

(iii) on the other parts of the body unless the lesion is covered by a dry, durable, tight-fitting bandage; or

(C) is not experiencing a symptom of acute gastroenteritis as specified in this subdivision, but has a stool that yields a specimen culture that is positive for Salmonella spp., Shigella spp., or Escherichia coli 0157:H7.

(3) An exclusion may be removed when supervisory personnel obtains from the excluded person written medical documentation from a physician, a nurse practitioner, or a physician assistant that the excluded person may work in an unrestricted capacity.

(4) A restriction may be removed by supervisory personnel when the restricted person:

(A) is free of the symptoms of illness specified in subdivision (2) and no foodborne illness occurs that may have been caused by the restricted person;

(B) is suspected of causing foodborne illness but:

(i) is free of the symptoms specified under subdivision (2)(A); and

(ii) provides written medical documentation from a physician, a nurse practitioner, or a physician assistant stating that the restricted person is free of the infectious agent that is suspected of causing the person's symptoms or causing foodborne illness; or

(C) provides written medical documentation from a physician, a nurse practitioner, or a physician assistant stating that the symptoms experienced result from a chronic noninfectious condition, such as Crohn's disease, irritable bowel syndrome, or ulcerative colitis.

(b) The department may issue an order of restriction or exclusion to a wholesale food establishment without prior warning, notice of a hearing, or a hearing if the order states the following:

(1) The reasons for the restriction or exclusion that is ordered.

(2) The evidence that the wholesale food establishment shall provide in order to demonstrate that the reasons for the restriction or exclusion has been eliminated.

(3) That a suspected food employee or the wholesale food establishment may request an appeal hearing by submitting a timely request as provided in law.

(4) The name and address of the department's representative to whom a request for an appeal hearing may be made.

(Indiana Department of Health; 410 IAC 7-21-35; filed Jan 7, 2002, 10:16 a.m.: 25 IR 1619, eff one hundred twenty (120) days after filing with secretary of state; readopted filed Jul 14, 2008, 2:14 p.m.: 20080806-IR-410080322RFA; readopted filed Sep 10, 2014, 2:08 p.m.: 20141008-IR-410140299RFA; readopted filed Sep 10, 2020, 2:11 p.m.: 20201007-IR-410200404RFA)

410 IAC 7-21-36 410 IAC 7-21-36 Personnel hygienic practices

410 IAC 7-21-36 Personnel hygienic practices

Authority: IC 16-42-5-5

Affected: IC 16-42-5

Sec. 36. All persons working in direct contact with food, food-contact surfaces, and food-packaging materials shall conform to good hygienic practices while on duty. The methods for maintaining good hygiene include, but are not limited to, the following:

(1) Wearing clean outer garments suitable to the operation in a manner that protects against the contamination of food, food-contact surfaces, or food-packaging materials.

(2) Maintaining adequate personal cleanliness, including:

(A) keeping fingernails clean and neatly trimmed; and

(B) not wearing fingernail polish or artificial fingernails;

while working with exposed food.

(3) Washing hands thoroughly in an adequate hand washing facility as follows:

(A) Before starting work.

(B) After each absence from the work station.

(C) After touching bare human body parts other than clean hands and clean, exposed portions of arms.

(D) After using the toilet room.

(E) After caring for or handling service animals or aquatic animals.

(F) After coughing, sneezing, or using a handkerchief or disposable tissue.

(G) After drinking, unless the handling of the container allows for no direct contamination, and after eating or using tobacco.

(H) After handling soiled surfaces, equipment, or utensils.

(I) During food preparation, as often as necessary to remove soil and contamination and to prevent cross-contamination when changing tasks.

(J) When switching between working with raw food and working with ready-to-eat food.

(K) Directly before touching ready-to-eat food or food-contact surfaces.

(L) At any other time when the hands may have become soiled or contaminated.

(4) Wearing no jewelry while preparing food. If hand jewelry cannot be removed or if approval is given by supervisory personnel for the wearing of a wedding band, it may be covered by an impermeable cover, such as a glove, that can be maintained in an intact, clean, and sanitary condition and that protects against contamination.

(5) Maintaining gloves in an intact, clean, and sanitary condition if they are used in direct contact with food. The gloves shall be made of an impermeable material.

(6) Wearing hair restraints, such as nets, hats, beard restraints, and clothing that covers body hair, which are designed and worn effectively to keep hair from contacting exposed food, clean food-contact equipment, and utensils.

(7) Storing employees' food and personal belongings in a designated location separate from food processing, storage, and packaging areas.

(8) Confining the following to areas other than where food and food processing equipment may be exposed or where equipment or utensils are washed and stored:

(A) eating food;

(B) chewing gum;

(C) drinking beverages; or

(D) using tobacco.

(9) Taking any other necessary precautions to protect against contamination of food, food-contact surfaces, or food-packaging materials with micro-organisms or foreign substances, including, but not limited to, the following:

(A) Perspiration.

(B) Hair.

(C) Cosmetics.

(D) Tobacco.

(E) Chemicals.

(F) Medicines applied to the skin.

(Indiana Department of Health; 410 IAC 7-21-36; filed Jan 7, 2002, 10:16 a.m.: 25 IR 1620, eff one hundred twenty (120) days after filing with secretary of state; readopted filed Jul 14, 2008, 2:14 p.m.: 20080806-IR-410080322RFA; readopted filed Sep 10, 2014, 2:08 p.m.: 20141008-IR-410140299RFA; readopted filed Sep 10, 2020, 2:11 p.m.: 20201007-IR-410200404RFA)

410 IAC 7-21-37 410 IAC 7-21-37 Personnel training

410 IAC 7-21-37 Personnel training

Authority: IC 16-42-5-5

Affected: IC 16-42-5

Sec. 37. (a) Personnel responsible for identifying sanitation failures or food contamination shall have an educational background or experience, or a combination thereof, to provide a level of competency necessary for production of unadulterated, honestly presented, safe food. Food employees and supervisory personnel involved in food processing shall receive appropriate training in proper food-handling techniques, foodborne illness prevention, and food protection principles and be informed of the danger of poor personal hygiene and insanitary practices.

(b) Competent supervisory personnel shall be clearly assigned responsibility for assuring compliance by all food employees engaged in food processing with all requirements. Supervisory personnel shall hold a certification or be trained at a minimum on the following areas of knowledge as are applicable to the operations conducted at the wholesale food establishment:

(1) The relationship between the prevention of foodborne disease and the personal hygiene of a food employee.

(2) Responsibility of supervisory personnel for preventing the transmission of foodborne disease by a food employee who has an illness or medical condition that may cause foodborne disease.

(3) Symptoms associated with the diseases that are transmissible through food.

(4) Required food temperatures and times for safe cooking, cooling and reheating of potentially hazardous foods, and refrigerated storage temperatures include those for meat, poultry, eggs, and fish.

(5) The relationship between the prevention of foodborne illness and the management and control of the following:

(A) Cross-contamination.

(B) Hand contact with ready-to-eat foods.

(C) Hand washing.

(D) Maintaining the wholesale food establishment in a clean condition and in good repair.

(6) The correct procedures for cleaning and sanitizing utensils and food-contact surfaces of equipment.

(7) Poisonous or toxic materials identification and the procedures necessary to ensure that they are safely stored, dispensed, used, and disposed of according to law.

(8) Knowledge of important processing points in the operation from purchasing through sale or service.

(9) The principles and details of a HACCP plan, if used, or if required by federal or state law, or if an agreement between the department and the establishment exists.

(10) Water sources identification and measures taken to ensure that it remains protected from contamination, such as providing protection from backflow and precluding the creation of cross-connections.

(Indiana Department of Health; 410 IAC 7-21-37; filed Jan 7, 2002, 10:16 a.m.: 25 IR 1621, eff one hundred twenty (120) days after filing with secretary of state; readopted filed Jul 14, 2008, 2:14 p.m.: 20080806-IR-410080322RFA; readopted filed Sep 10, 2014, 2:08 p.m.: 20141008-IR-410140299RFA; readopted filed Sep 10, 2020, 2:11 p.m.: 20201007-IR-410200404RFA)

410 IAC 7-21-38 410 IAC 7-21-38 Physical facilities and grounds

410 IAC 7-21-38 Physical facilities and grounds

Authority: IC 16-42-5-5

Affected: IC 16-42-5

Sec. 38. (a) The grounds surrounding a food plant under the control of the operator shall be kept in a condition that will protect against the contamination of food. The methods for adequate maintenance of grounds include, but are not limited to, the following:

(1) Properly storing or removing unnecessary equipment, removing litter and waste, and cutting weeds or grass within the immediate vicinity of the physical facility that may constitute an attractant, breeding place, or harborage for pests.

(2) Maintaining roads and parking lots so that they do not constitute a source of contamination in areas where food is exposed.

(3) Adequately draining areas that may contribute contamination to food by seepage, footborne filth, or providing a breeding place for pests.

(4) Operating systems for waste treatment and removal of liquid and solid waste at such a frequency that the waste does not constitute a source of contamination in areas where food is exposed.

(5) Constructing, if needed, an outdoor storage surface of nonabsorbent material, such as concrete or asphalt that shall be smooth, durable, and sloped to drain for refuse, recyclables, and returnables. Refuse, recyclables, and returnables shall be handled by:

(A) storing them in receptacles or waste handling units so that they are inaccessible to insects and rodents;

(B) keeping receptacles and waste handling units for refuse, recyclables, and returnables covered with tight-fitting lids or doors; and

(C) locating receptacles and waste handling equipment at a distance from the building that minimizes the entrance of pests and other vermin.

(b) If the wholesale food establishment grounds are bordered by grounds not under the operator's control and not maintained in the manner described in subsection (a)(1) through (a)(3), care shall be exercised in the plant by inspection, extermination, or other means to exclude pests, dirt, and filth that may be a source of food contamination.

(c) Physical facilities shall be adequate in size, construction, and design to facilitate maintenance and sanitary operations for food manufacturing purposes. Methods for maintaining a sanitary operation include, but are not limited to, the following:

(1) Providing sufficient space for placement of equipment and storage of materials.

(2) Taking precautions to reduce the potential for contamination of food, food-contact surfaces, or food-packaging materials with micro-organisms, chemicals, filth, or other extraneous material. The potential for contamination shall be reduced by adequate food safety controls and operating practices or effective design, including the separation of operations in which contamination is likely to occur, by one (1) or more of the following means:

(A) Location.

(B) Time.

(C) Partition.

(D) Air flow.

(E) Enclosed systems.

(F) Other effective means.

(3) Locating areas designated for employees to eat, drink, and use tobacco so that food and equipment are protected from contamination.

(4) Prohibiting a person from living or sleeping in a room used for food-handling or in a room opening directly into a wholesale food establishment. If living or sleeping quarters are located on the premises, such as those provided for security personnel, it shall be separated from rooms and areas used for wholesale food establishment operations by complete partitioning and solid self-closing doors.

(5) Protecting food in outdoors bulk fermentation vessels by any effective means, including, but not limited to, the following:

(A) Using protective coverings.

(B) Controlling areas over and around the vessels to eliminate harborages for pests.

(C) Checking on a regular basis for pests and pest infestation.

(D) Skimming the fermentation vessels, when necessary.

(6) Constructing facility in such a manner that:

(A) floors, walls, and ceilings may be adequately cleaned and maintained in good repair;

(B) drip or condensate from fixtures, ducts, and pipes does not contaminate food, food-contact surfaces, or food-packaging materials; and

(C) aisles or working spaces are provided between equipment and walls and food products and walls and are adequately unobstructed and have adequate width to permit employees to perform their duties and to protect against contaminating food or food-contact surfaces with clothing or personal contact.

(7) Providing sufficient lighting in hand washing areas, dressing and locker rooms, toilet rooms, and all areas where food is examined, processed, or stored and where equipment or utensils are cleaned. Light bulbs shall be protected in the following manner:

(A) Shielded, coated, or otherwise shatter-resistant in areas suspended over exposed food in any step of preparation and over clean equipment, utensils, and linens.

(B) Shielded, coated, or otherwise shatter-resistant bulbs need not be used in areas used only for storing food in unopened packages if:

(i) the integrity of the packages cannot be affected by broken glass falling onto them; and

(ii) the packages are capable of being cleaned of debris from broken bulbs before the packages are opened.

(8) Providing adequate ventilation or control equipment to minimize odors and vapors, including steam and noxious fumes, in areas where they may contaminate food, and locate and operate fans and other air blowing equipment in a manner that minimizes the potential for contaminating food, food-packaging materials, and food-contact surfaces. To comply:

(A) intake and exhaust air ducts shall be cleaned and filters changed so they are not a source of contamination by dust, dirt, and other materials; and

(B) ventilation systems may not create a public health hazard or nuisance or unlawful discharge, if vented to the outside.

(9) Protecting outer openings against the entry of insects, rodents, or other vermin by:

(A) filling or closing holes and other gaps along floor, walls, and ceilings;

(B) closed, tight-fitting windows;

(C) solid, self-closing, and tight-fitting doors, except emergency exit and dock doors do not need to be self-closing; and

(D) using screening, air curtains, or other effective means, when appropriate.

(Indiana Department of Health; 410 IAC 7-21-38; filed Jan 7, 2002, 10:16 a.m.: 25 IR 1621, eff one hundred twenty (120) days after filing with secretary of state; readopted filed Jul 14, 2008, 2:14 p.m.: 20080806-IR-410080322RFA; readopted filed Sep 10, 2014, 2:08 p.m.: 20141008-IR-410140299RFA; readopted filed Sep 10, 2020, 2:11 p.m.: 20201007-IR-410200404RFA)

410 IAC 7-21-39 410 IAC 7-21-39 Sanitary operations; general maintenance

410 IAC 7-21-39 Sanitary operations; general maintenance

Authority: IC 16-42-5-5

Affected: IC 16-42-5

Sec. 39. (a) The plant shall be:

(1) maintained in a sanitary condition; and

(2) kept in repair sufficient to prevent food from becoming adulterated.

Cleaning and sanitizing of utensils and equipment shall be conducted in a manner that protects against contamination of food, food-contact surfaces, or food-packaging materials.

(b) Food-contact surfaces, utensils, and equipment shall be cleaned as frequently as necessary to protect against contamination of food by performing the following:

(1) Food-contact surfaces of equipment and utensils used for manufacturing or holding low moisture food shall be in a dry, clean, and sanitary condition at the time of use. When the food-contact surfaces are wet cleaned, they shall be sanitized and thoroughly dried before subsequent use.

(2) In wet processing, when cleaning is performed to protect against the introduction of micro-organisms into food, food-contact surfaces shall be cleaned and sanitized before use and after any interruption during which the food-contact surfaces may have become contaminated.

(3) Where equipment and utensils are used in a continuous production operation, food-contact surfaces of the equipment shall be cleaned and sanitized as necessary to prevent contamination.

(4) Nonfood-contact surfaces of equipment used in the operation of food plants should be cleaned as frequently as necessary to protect against contamination of food.

(5) Single-service articles, such as utensils intended for one-time use, paper cups, and paper towels, should be stored in appropriate containers and shall be handled, dispensed, used, and disposed of in a manner that protects against contamination of food or food-contact surfaces.

(6) Cleaned and sanitized portable equipment with food-contact surfaces and utensils shall be stored in a location and manner that protects food-contact surfaces from contamination.

(7) Sanitizing agents shall be effective and safe under conditions of use. Any facility, procedure, or machine is acceptable for cleaning and sanitizing equipment and utensils if it is established that the facility, procedure, or machine will routinely render equipment and utensils clean and sanitized.

(8) Chemical sanitizers and other chemical antimicrobials applied to food-contact surfaces shall meet the requirements specified in 21 CFR 178.1010.

(Indiana Department of Health; 410 IAC 7-21-39; filed Jan 7, 2002, 10:16 a.m.: 25 IR 1623, eff one hundred twenty (120) days after filing with secretary of state; readopted filed Jul 14, 2008, 2:14 p.m.: 20080806-IR-410080322RFA; readopted filed Sep 10, 2014, 2:08 p.m.: 20141008-IR-410140299RFA; readopted filed Sep 10, 2020, 2:11 p.m.: 20201007-IR-410200404RFA)

410 IAC 7-21-40 410 IAC 7-21-40 Toxic and poisonous substances; pest control

410 IAC 7-21-40 Toxic and poisonous substances; pest control

Authority: IC 16-42-5-5

Affected: IC 15-16-5; IC 16-42-5

Sec. 40. (a) Cleaning compounds and sanitizing agents used in cleaning and sanitizing procedures shall be free from undesirable micro-organisms and shall be safe and adequate under the conditions of use. Compliance with this requirement may be verified by an effective means, including, but not limited to, purchase of substances under a supplier's guarantee or certification, or examination of the substances for contamination.

(b) Only the following toxic materials may be used or stored in a plant where food is processed or exposed:

(1) Chemicals required for maintaining clean and sanitary conditions.

(2) Chemicals necessary for use in laboratory testing procedures.

(3) Chemicals necessary for plant and equipment maintenance and operation.

(4) Chemicals necessary for use in the plant's operations.

(c) Toxic cleaning compounds, sanitizing agents, and pesticide chemicals shall be identified, held, and stored in a manner that protects against contamination of food, food-contact surfaces, or food-packaging materials. Poisonous or toxic materials shall be stored and transported according to the following:

(1) Separating the poisonous or toxic materials by spacing or partitioning.

(2) Locating the poisonous or toxic materials in an area that is not above food, equipment, linens, or food-contact surfaces.

(d) Poisonous or toxic materials shall be applied and used according to all relevant regulations promulgated by other federal, state, and local government agencies and according to the following:

(1) Manufacturers' use directions on the label.

(2) The conditions of certification for use of the pest control materials.

(3) Applied in a manner that does not constitute a hazard to personnel or does not contaminate by drip, drain, fog, splash, or spray any food, equipment, utensils, linens, or other food-contact surface. For pesticide use, this is achieved by:

(A) removing the items;

(B) covering the items with impermeable covers; or

(C) taking other appropriate preventive action and cleaning and sanitizing equipment, utensils, and food-contact surfaces after application.

(4) Chemicals used to wash or peel whole fruits and vegetables shall meet the requirements specified in 21 CFR 173.315.

(5) Chemicals used as boiler water additives shall meet the requirements as specified in 21 CFR 173.310.

(6) A restricted use pesticide shall be applied only by an applicator certified according to 312 IAC 15-3-3.6 or a person under the direct supervision of a certified applicator.

(e) Pests shall not be allowed in any area of a wholesale food establishment. Effective measures shall be taken to exclude pests from the processing areas and to protect against the contamination of food on the premises by pests. The use of insecticides or rodenticides is permitted only under precautions and restrictions that protect against the contamination of food, food-contact surfaces, and food-packaging materials, such as the following:

(1) Rodent bait shall be contained in a covered, tamper-resistant bait station.

(2) Toxic tracking powder pesticide may not be used in wholesale food establishments.

(f) Guard dogs and service animals may be allowed in some areas of a plant if the presence of the animals cannot result in contamination of food, food-contact surfaces, or food-packaging materials.

(Indiana Department of Health; 410 IAC 7-21-40; filed Jan 7, 2002, 10:16 a.m.: 25 IR 1623, eff one hundred twenty (120) days after filing with secretary of state; errata filed Jan 9, 2002, 12:50 p.m.: 25 IR 1645; readopted filed Jul 14, 2008, 2:14 p.m.: 20080806-IR-410080322RFA; readopted filed Sep 10, 2014, 2:08 p.m.: 20141008-IR-410140299RFA; readopted filed Sep 10, 2020, 2:11 p.m.: 20201007-IR-410200404RFA)

410 IAC 7-21-41 410 IAC 7-21-41 Plumbing and sewage systems

410 IAC 7-21-41 Plumbing and sewage systems

Authority: IC 16-42-5-5

Affected: IC 16-42-5

Sec. 41. Each facility shall be equipped with effective plumbing and sewage facilities and adequate accommodations, including, but not limited to, the following:

(1) The water supply shall be sufficient for the operations intended and shall be derived from an approved source. Drinking water and water used for food processing operations shall meet bacteriological and chemical quality standards specified in 327 IAC 8-2. Running water at a suitable temperature and under pressure as needed shall be provided in all areas where required for the processing of food, for the cleaning of equipment, utensils, and food-packaging materials, or for employee sanitary facilities.

(2) If a food processing plant obtains water from a water system not subject to 327 IAC 8-2 for its operations, the operator shall sample the water at least annually for bacterial analysis by a certified laboratory, maintain records of analyses of sample results for three (3) years, and provide such records to the department upon request.

(3) A plumbing system shall be of sufficient size and shall be designed, constructed, installed, and maintained according to the applicable Indiana plumbing code, 675 IAC 16-1.3, to do the following:

(A) Carry sufficient quantities of water to required locations throughout the facility.

(B) Properly convey sewage and liquid disposable waste from the facility.

(C) Avoid constituting a source of contamination to food, water supplies, equipment, and utensils or creating an unsanitary condition.

(D) Provide sufficient floor drainage in all areas where floors are subject to flooding-type cleaning or where normal operations release or discharge water or other liquid waste on the floor.

(E) Prevent backflow or backsiphonage from, or cross-connection between, piping systems that discharge wastewater or sewage and piping systems that carry water for food or food manufacturing. This shall be accomplished by the following:

(i) Installing a backflow or backsiphonage prevention device on a water supply system which meets the standards in 675 IAC 16-1.3 for construction, installation, maintenance, inspection, and testing for that specific application and type of approved device.

(ii) Using an air gap, if necessary, between the water supply inlet and the flood level rim of the plumbing fixture, equipment, or nonfood equipment. It shall be at least twice the diameter of the water supply inlet and may not be less than one (1) inch.

It shall be a minimum of two (2) pipe diameters of the pipe or six (6) inches, whichever is the lesser.

(4) Sewage disposal shall be conveyed into an approved sanitary sewerage system or other system, including the use of sewage transport vehicles, pumps, hoses, and connections that are constructed, maintained, and operated according to law.

(Indiana Department of Health; 410 IAC 7-21-41; filed Jan 7, 2002, 10:16 a.m.: 25 IR 1624, eff one hundred twenty (120) days after filing with secretary of state; readopted filed Jul 14, 2008, 2:14 p.m.: 20080806-IR-410080322RFA; readopted filed Sep 10, 2014, 2:08 p.m.: 20141008-IR-410140299RFA; readopted filed Sep 10, 2020, 2:11 p.m.: 20201007-IR-410200404RFA)

410 IAC 7-21-42 410 IAC 7-21-42 Sanitary facilities and controls

410 IAC 7-21-42 Sanitary facilities and controls

Authority: IC 16-42-5-5

Affected: IC 16-42-5

Sec. 42. (a) Each facility shall provide its employees with adequate, readily accessible toilet facilities. Compliance with this requirement shall be accomplished by, but not limited to, the following:

(1) Maintaining the facilities in a sanitary condition.

(2) Keeping the facilities in good repair at all times.

(3) Providing self-closing doors.

(4) Providing doors that do not open into areas where food is exposed to airborne contamination, except where alternate means have been taken to protect against contamination, such as double doors or positive airflow systems.

(b) Each facility shall provide its employees with hand washing facilities that are adequate, readily accessible, and convenient. Compliance with this requirement shall be accomplished by providing the following:

(1) Hand washing facilities at each location in the plant where good sanitary practices require employees to wash their hands. Each hand washing facility shall be:

(A) furnished with hot and cold running water tempered by means of a mixing valve or combination faucet; and

(B) capable of reaching a minimum water temperature of eighty-five (85) degrees Fahrenheit within sixty (60) seconds.

(2) Effective hand-cleaning preparations.

(3) Sanitary towel service, paper towels, or suitable drying devices.

(4) Devices or fixtures, such as water control valves, designed and constructed to protect against recontamination of clean hands.

(5) Signs directing food employees handling unprotected food, unprotected food-packaging materials, and food-contact surfaces to wash and, where appropriate, sanitize their hands. These signs should be posted in the processing room and in all other areas where employees handle food, food-packaging materials, or food-contact surfaces. If necessary, the signs should be multilingual.

(c) If mops or similar wet floor cleaning tools are used, at least one (1) service sink or one (1) curbed cleaning facility equipped with a floor drain and supplied with hot and cold water under pressure shall be provided and conveniently located.

(d) Receptacles and waste handling units for refuse, recyclables, and returnables and for use with materials containing food residue shall be durable, cleanable, insect-resistant, rodent-resistant, leakproof, nonabsorbent, and maintained in good repair.

(e) Rubbish and any offal shall be so conveyed, stored, and disposed of as to minimize the development of odor, minimize the potential for the waste becoming an attractant and harborage or breeding place for pests, and protect against contamination of food, food-contact surfaces, water supplies, and ground surfaces.

(Indiana Department of Health; 410 IAC 7-21-42; filed Jan 7, 2002, 10:16 a.m.: 25 IR 1625, eff one hundred twenty (120) days after filing with secretary of state; readopted filed Jul 14, 2008, 2:14 p.m.: 20080806-IR-410080322RFA; readopted filed Sep 10, 2014, 2:08 p.m.: 20141008-IR-410140299RFA; readopted filed Sep 10, 2020, 2:11 p.m.: 20201007-IR-410200404RFA)

410 IAC 7-21-43 410 IAC 7-21-43 Equipment and utensils

410 IAC 7-21-43 Equipment and utensils

Authority: IC 16-42-5-5

Affected: IC 16-42-5

Sec. 43. (a) All processing equipment and utensils shall be so designed and of such material and workmanship as to be effectively cleanable and shall be properly maintained. The design, construction, and use of equipment and utensils shall preclude the adulteration of food with lubricants, fuel, metal fragments, contaminated water, or any other contaminants. All equipment shall be so installed and maintained as to facilitate the cleaning of the equipment and of all adjacent spaces. Food-contact surfaces shall be corrosion-resistant when in contact with food. They shall be made of nontoxic materials and designed to withstand the environment of their intended use and the action of food and, if applicable, cleaning compounds and sanitizing agents. Food-contact surfaces shall be maintained to protect food from being contaminated by any source, including unlawful indirect food additives by the following means:

(1) Seams on food-contact surfaces shall be smoothly bonded or maintained so as to minimize accumulation of food particles, dirt, and organic matter and thus minimize the opportunity for growth of micro-organisms.

(2) Equipment that is in the manufacturing or food-handling area and that does not come into contact with food shall be so constructed that it can be maintained in a clean condition.

(3) Holding, conveying, and manufacturing systems, including gravimetric, pneumatic, closed, and automated systems, shall be of a design and construction that enables them to be maintained in an appropriate sanitary condition.

(b) Each freezer and refrigeration unit, including transportation vehicles, used to store, hold, or transport food capable of supporting growth of micro-organisms shall be fitted with an indicating thermometer, temperature measuring device, or temperature recording device so installed as to show the temperature accurately within the compartment and should be fitted with an automatic control for regulating temperature or with an automatic alarm system to indicate a significant temperature change in a manual operation. The operator shall do the following:

(1) Record the temperature shown by each measuring device installed in the unit, with the date on which the temperature reading was taken. Temperature shall be monitored and recorded at least weekly.

(2) Retain and have available for inspection the temperature records for the last six (6) months.

(c) Instruments and controls used for measuring, regulating, or recording temperatures, pH, acidity, water activity, or other conditions that control or prevent the growth of undesirable micro-organisms in food shall be accurate and adequately maintained, sufficient in number for their designated uses, and calibrated at the frequency recommended by the manufacturer of the device. The ambient air temperature measuring devices that are scaled in Fahrenheit shall be accurate to plus or minus three (3) degrees Fahrenheit in the intended range of use.

(d) The amount of food stored in a refrigerator or frozen food storage unit shall not exceed the designed capacity of that unit.

(e) Compressed air or other gases mechanically introduced into food or used to clean food-contact surfaces or equipment shall be treated in such a way that food is not contaminated with unlawful indirect food additives.

(Indiana Department of Health; 410 IAC 7-21-43; filed Jan 7, 2002, 10:16 a.m.: 25 IR 1625, eff one hundred twenty (120) days after filing with secretary of state; readopted filed Jul 14, 2008, 2:14 p.m.: 20080806-IR-410080322RFA; readopted filed Sep 10, 2014, 2:08 p.m.: 20141008-IR-410140299RFA; readopted filed Sep 10, 2020, 2:11 p.m.: 20201007-IR-410200404RFA)

410 IAC 7-21-44 410 IAC 7-21-44 Raw materials; production and process controls

410 IAC 7-21-44 Raw materials; production and process controls

Authority: IC 16-42-5-5

Affected: IC 16-42-5

Sec. 44. (a) All operations in the receiving, inspecting, transporting, segregating, preparing, manufacturing, packaging, and storing of food shall be conducted in accordance with current sanitation principles as follows:

(1) Appropriate quality control operations shall be employed to ensure that food is suitable for human consumption and that food-packaging materials are safe and suitable.

(2) Overall sanitation of the plant shall be under the supervision of one (1) or more competent individuals assigned responsibility for this function.

(3) All reasonable precautions shall be taken to ensure that production procedures do not contribute contamination from any source by adhering to the following:

(A) Chemical, microbial, or extraneous material testing procedures shall be used where necessary to identify sanitation failures or possible food contamination.

(B) All food that has become contaminated to the extent that it is adulterated shall be rejected or, if permissible, treated or processed to eliminate the contamination.

(b) Raw materials and other ingredients shall be inspected and segregated or otherwise handled as necessary to ensure that they are clean and suitable for processing into food and shall be stored under conditions that will protect against contamination and minimize deterioration by the following:

(1) Washing or cleaning raw materials as necessary to remove soil or other contamination.

(2) Using water for washing, rinsing, or conveying food that is safe and meets the quality standards specified in 327 IAC 8-2.

(3) Reusing water for washing, rinsing, or conveying food if it does not increase the level of contamination of the food.

(4) Inspecting on receipt containers and carriers of raw materials to ensure that their condition has not contributed to the contamination or deterioration of food.

(c) Raw materials and other ingredients shall not contain levels of micro-organisms that may produce foodborne illness or other disease in humans. If the potential for high levels of disease-causing micro-organisms is present, food shall be pasteurized or otherwise treated during manufacturing operations so that the food no longer contains levels that would cause the product to be adulterated. Compliance with this requirement may be verified by any effective means, such as with a HACCP plan or purchasing raw materials and other ingredients under a supplier's guarantee or certification.

(d) Raw materials and other ingredients susceptible to contamination with aflatoxin or other natural toxins shall comply with current state and federal regulations, guidelines, and action levels for poisonous or deleterious substances before these materials or ingredients are incorporated into finished food. Compliance with this requirement may be accomplished by:

(1) purchasing raw materials and other ingredients under a supplier's guarantee or certification; or

(2) verifying by analyzing these materials and ingredients for aflatoxins and other natural toxins.

(e) Raw materials, other ingredients, and rework susceptible to contamination with pests, undesirable micro-organisms, or extraneous material shall comply with applicable state and federal regulations, guidelines, and defect action levels for natural or unavoidable defects, as specified in 21 CFR 110.110, if a manufacturer wishes to use the materials in manufacturing food. Compliance with this requirement may be verified by any effective means, such as:

(1) purchasing the materials under a supplier's guarantee or certification; or

(2) examination of these materials for contamination.

(f) Raw materials, other ingredients, and rework shall be held in bulk, or in containers designed and constructed to protect against contamination and shall be held at proper temperature and relative humidity and in such a manner as to prevent the food from becoming adulterated. Material scheduled for rework shall be identified as such.

(g) Liquid or dry raw materials and other ingredients received and stored in bulk form shall be stored in a manner that protects against contamination.

(h) Frozen raw materials and other ingredients shall be kept frozen. If thawing is required prior to use, it shall be done in a manner that prevents the raw materials and other ingredients from becoming adulterated.

(i) Food may not contain unapproved food additives or additives that exceed amounts specified in 21 CFR 170 through 21 CFR 180 relating to food additives generally recognized as safe, or prior sanctioned substances that exceed amounts specified in 21 CFR 181, 21 CFR 182, 21 CFR 184, and 21 CFR 186.

(Indiana Department of Health; 410 IAC 7-21-44; filed Jan 7, 2002, 10:16 a.m.: 25 IR 1626, eff one hundred twenty (120) days after filing with secretary of state; readopted filed Jul 14, 2008, 2:14 p.m.: 20080806-IR-410080322RFA; readopted filed Sep 10, 2014, 2:08 p.m.: 20141008-IR-410140299RFA; readopted filed Sep 10, 2020, 2:11 p.m.: 20201007-IR-410200404RFA)

410 IAC 7-21-45 410 IAC 7-21-45 Manufacturing operations

410 IAC 7-21-45 Manufacturing operations

Authority: IC 16-42-5-5

Affected: IC 16-42-5

Sec. 45. (a) Equipment and utensils and finished food containers shall be maintained in an acceptable condition through appropriate cleaning and sanitizing and when necessary the following:

(1) Equipment shall be taken apart for thorough cleaning and sanitizing.

(2) A CIP system may be used when the design of the equipment requires the circulation or flowing by mechanical means through a piping system of a detergent solution, water rinse, and sanitizing solution.

(b) All food manufacturing, including packaging and storage, shall be conducted under conditions and controls as necessary to minimize the potential for the growth of micro-organisms or the contamination of food. Compliance with this subsection may require careful monitoring of physical factors, such as time, temperature, humidity, water activity (a_w), pH, pressure, flow rate, and manufacturing operations, such as freezing, dehydration, heat processing, acidification, and refrigeration to ensure that mechanical breakdowns, time delays, temperature fluctuations, and other factors do not contribute to the decomposition or contamination of food.

(c) Food that can support the rapid growth of undesirable micro-organisms, particularly those of public health significance, shall be held in a manner that prevents the food from becoming adulterated. Compliance with this subsection shall be accomplished by an effective means, including, but not limited to, the following:

(1) Maintaining cold, potentially hazardous foods at forty-one (41) degrees Fahrenheit or below. Exceptions to this requirement are when the receiving and storage temperatures are specified in another law, such as laws governing milk, molluscan shellfish, and shell eggs. These foods may be received and stored at the temperature specified in law.

(2) Maintaining hot, potentially hazardous foods at one hundred forty (140) degrees Fahrenheit or above.

(3) Heat treating acid or acidified foods to destroy mesophilic micro-organisms when those foods are to be held in hermetically sealed containers at ambient temperatures.

(d) Frozen foods shall be maintained in a frozen state and should be stored at zero (0) degrees Fahrenheit or below. Frozen foods shall not be refrozen after having been thawed unless the products are to be further processed by the processor, as necessary to control microbial growth.

(e) Frozen foods during transportation shall remain frozen and should be at zero (0) degrees Fahrenheit or below. Refrigerated foods during transportation shall be at forty-one (41) degrees Fahrenheit or below unless law governing their distribution applies, such as temperature requirements for shell eggs.

(f) Measures such as sterilizing, irradiating, pasteurizing, freezing, refrigerating, controlling pH, or controlling a_w that is taken to destroy or prevent the growth of undesirable micro-organisms, particularly those of public health significance, shall be effective under the conditions of manufacturing, handling, and distribution to prevent food from being adulterated.

(g) Work-in-process shall be handled in a manner that protects against contamination.

(h) Effective measures shall be taken to protect finished food from contamination by raw materials, other ingredients, including potential food allergens, or refuse in the following manner:

(1) When raw materials, other ingredients, or refuse are unprotected, they shall not be handled simultaneously in receiving, loading, or shipping areas if that handling could result in contaminated food.

(2) Food transported by conveyor shall be protected against contamination as necessary.

(i) Equipment, containers, and utensils used to convey, hold, or store raw materials, work-in-process, rework, or food shall be of a food grade quality and constructed, handled, and maintained during manufacturing or storage in a manner that protects against contamination.

(j) Effective measures shall be taken to protect against the inclusion of metal or other extraneous material in food. Compliance with this subsection shall be accomplished by using sieves, traps, magnets, and electronic metal detectors, or other effective means. If lubricants are used on food-contact surfaces, on bearings and gears located on or within food-contact surfaces, or on bearings and gears that are located so that lubricants may leak, drip, or be forced into food or onto food-contact surfaces, they shall meet the requirements specified in 21 CFR 178.3570.

(k) Food, raw materials, and other ingredients that are adulterated shall be disposed of in a manner that protects against the contamination of other food. If the adulterated food is capable of being reconditioned, it shall be reconditioned using a method that has been proven to be effective or it shall be reexamined and found not to be adulterated before being incorporated into other food.

(l) Mechanical manufacturing steps, such as washing, peeling, trimming, cutting, sorting, and inspecting, mashing, dewatering, cooling, shredding, extruding, drying, whipping, defatting, and forming shall be performed so as to protect food against contamination. Compliance with this subsection shall be accomplished by providing adequate physical protection of food from contaminants that may drip, drain, or be drawn into the food. Protection shall be provided by adequate cleaning and sanitizing of all food-contact surfaces and by using time and temperature controls at and between each manufacturing step.

(m) Heat blanching, when required in the preparation of food, should be effected by heating the food to the required temperature, holding it at this temperature for the required time, and then either rapidly cooling the food or passing it to subsequent manufacturing without delays. Thermophilic growth and contamination in blanchers should be minimized by the use of effective operating temperatures and by periodic cleaning. Where the blanched food is washed prior to filling, water used shall be safe and meet the quality standards specified in 327 IAC 8-2.

(n) Batters, breading, sauces, gravies, dressings, and other similar preparations shall be treated or maintained in such a manner that they are protected against contamination. If the products are potentially hazardous they shall be held at forty-one (41) degrees Fahrenheit or below or at one hundred forty (140) degrees Fahrenheit or above. Compliance with this subsection shall be accomplished by an effective means, including one (1) or more of the following:

(1) Using ingredients free of contamination.

(2) Employing adequate heat processes where applicable.

(3) Using adequate time and temperature controls.

(4) Providing effective physical protection of food or equipment from contaminants that may drip, drain, or be drawn into them.

(5) Rapid cooling to a storage temperature of forty-one (41) degrees Fahrenheit or below.

(6) Disposing of batters at appropriate intervals to protect against the growth of micro-organisms.

(o) Filling, assembling, packaging, and other operations shall be performed in a way that the food is protected against contamination. Compliance with this subsection shall be accomplished by the following:

(1) Using a quality control operation in which the critical control points are identified and controlled during manufacturing, if applicable.

(2) Adequate cleaning and sanitizing of all food-contact surfaces and food containers.

(3) Using materials for food containers and food-packaging materials that are safe and intended for food use.

(4) Providing effective physical protection from contamination, particularly airborne contamination.

(5) Using sanitary handling procedures.

(6) Utilizing adequate control procedures to prevent allergen cross contact.

(p) Food, such as, but not limited to, dry mixes, nuts, intermediate moisture food, and dehydrated food, that relies on the control of a_w for preventing the growth of undesirable micro-organisms shall be processed to and maintained at a safe moisture level of eighty-five hundredths (0.85) or less. Compliance with this subsection shall be accomplished by any effective means, including the employment of one (1) or more of the following practices:

(1) Monitoring the a_w of food.

(2) Controlling the soluble solids/water ratio in finished food.

(3) Protecting finished food from moisture pick-up by use of a moisture barrier or by other means so that the a_w of the food does not increase to an unsafe level.

(q) When ice is used as an ingredient or in contact with food, it shall be made from water that is safe and meets the quality standards specified in 327 IAC 8-2. It shall be used only if it has been manufactured in accordance with this rule.

(r) Bottled drinking water, manufactured, used, or sold, shall meet the requirements of 21 CFR 129 and 21 CFR 165.

(s) Food-manufacturing areas and equipment used for manufacturing human food should not be used to manufacture nonhuman food-grade animal feed or inedible products unless there is no reasonable possibility for the contamination of the human food.

(t) The operator of a wholesale food establishment that manufactures ready-to-eat, potentially hazardous foods shall report to the department the results of any microbiological test or other laboratory analysis, which shows a likelihood that any ready-to-eat food produced by that operator contains pathogenic organisms, undeclared allergens, or other health hazards. The operator shall report to the department within twenty-four (24) hours after receiving positive test results. The operator may report orally, electronically, or in writing, except as specified in the following:

(1) A wholesale food establishment operator is not required to report test results if the following conditions apply:

(A) A product code or production date identifies the ready-to-eat food lot number.

(B) The wholesale food establishment operator has not sold or distributed any of the food represented by the product code or production lot number as specified under clause (A).

(2) The department shall be notified in a timely manner if the wholesale food establishment initiates a recall and if positive testing results in the disposition of products.

(Indiana Department of Health; 410 IAC 7-21-45; filed Jan 7, 2002, 10:16 a.m.: 25 IR 1627, eff one hundred twenty (120) days after filing with secretary of state; errata filed Jan 9, 2002, 12:50 p.m.: 25 IR 1645 ; readopted filed Jul 14, 2008, 2:14 p.m.: 20080806-IR-410080322RFA; readopted filed Sep 10, 2014, 2:08 p.m.: 20141008-IR-410140299RFA; readopted filed Sep 10, 2020, 2:11 p.m.: 20201007-IR-410200404RFA)

410 IAC 7-21-46 410 IAC 7-21-46 Reduced oxygen packaging

410 IAC 7-21-46 Reduced oxygen packaging

Authority: IC 16-42-5-5

Affected: IC 16-42-5

Sec. 46. (a) A wholesale food establishment that packages food using a reduced oxygen packaging method, with Clostridium botulinum identified as a microbiological hazard in the final packaged form, shall ensure that there are at least two (2) barriers in place to control the growth and toxin formation of Clostridium botulinum. These controls may include refrigeration, pH, and water activity.

(b) An establishment that packages food using a reduced oxygen packaging method, with Clostridium botulinum identified as a microbiological hazard in the final packaged form, shall have a HACCP plan that does the following:

(1) Contains a flow diagram by specific food or category type identifying critical control points and providing information on the following:

(A) Ingredients, materials, and equipment used in the preparation of that food.

(B) Formulations or recipes that delineate methods and procedural control measures that address the food safety concerns involved.

(2) Contains a statement of standard operating procedures for the plan that clearly identifies the following:

(A) Each critical control point.

(B) The critical limits for each critical control point.

(C) The method and frequency for monitoring and controlling each critical control point by the food employee designated by supervisory personnel.

(D) The method and frequency for supervision to routinely verify that the food employee is following standard operating procedures and monitoring critical control points.

(E) Action to be taken by supervision if the critical limits for each critical control point is not met.

(F) Records to be maintained by supervision to demonstrate that the HACCP plan is properly operated and managed.

(3) Identifies the food to be packaged.

(4) Limits the food packaged to a food that does not support the growth of Clostridium botulinum because it meets with one (1) of the following criteria:

(A) Has an a_w of ninety-one hundredths (0.91) or less.

(B) Has a pH of four and six-tenths (4.6) or less.

(C) Is a meat or poultry product cured at a food processing plant regulated by the United States Department of Agriculture and is received in an intact package.

(D) Is a food with a high level of competing organisms, such as raw meat or raw poultry.

(5) Specifies methods for maintaining food at forty-one (41) degrees Fahrenheit or below.

(6) Describes how the packages shall be prominently and conspicuously labeled on the principal display panel in bold type on a contrasting background, with instructions to:

(A) maintain the food at forty-one (41) degrees Fahrenheit or below; and

(B) discard the food if within fourteen (14) calendar days of its packaging it is not sold for consumption.

(7) Limits the shelf life to no more than fourteen (14) calendar days from packaging to consumption or the original manufacturer's "sell by" or "use by" date, whichever occurs first.

(8) Includes operational procedures that:

(A) prohibit contacting food with bare hands;

(B) identify a designated area and the method by which:

(i) physical barriers or methods of separation of raw foods and ready-to-eat foods minimize cross contamination; and

(ii) access to the processing equipment is restricted to responsible trained personnel familiar with the potential hazards of the operation; and

(C) delineate cleaning and sanitization procedures for food-contact surfaces.

(9) Describes the training program that ensures that the individual responsible for the reduced oxygen packaging operation understands the:

(A) concepts required for a safe operation;

(B) equipment and facilities; and

(C) procedures specified under subdivisions (2) and (8).

(Indiana Department of Health; 410 IAC 7-21-46; filed Jan 7, 2002, 10:16 a.m.: 25 IR 1629, eff one hundred twenty (120) days after filing with secretary of state; readopted filed Jul 14, 2008, 2:14 p.m.: 20080806-IR-410080322RFA; readopted filed Sep 10, 2014, 2:08 p.m.: 20141008-IR-410140299RFA; readopted filed Sep 10, 2020, 2:11 p.m.: 20201007-IR-410200404RFA)

410 IAC 7-21-47 410 IAC 7-21-47 Acidified foods

410 IAC 7-21-47 Acidified foods

Authority: IC 16-42-5-5

Affected: IC 16-42-5

Sec. 47. A wholesale food establishment that processes acidified foods shall employ appropriate quality control procedures to ensure that finished foods do not present a health hazard as follows:

(1) All operators of processing and packaging systems shall be under the operating supervision of a person who has:

(A) attended a school giving instruction in food-handling techniques, food-protection principles, personal hygiene and plant sanitation practices, pH controls, and critical factors in acidification; and

(B) been identified by that school as having satisfactorily completed the prescribed course of instruction.

A United States Food and Drug Administration (FDA) sponsored Better Processing Control School is an approved school. Other equivalent schools approved by the department may be attended. The department shall consider students who have satisfactorily completed required portions of the school to be in compliance with the requirement of this subdivision.

(2) Acidified foods shall be manufactured, processed, and packaged so that a finished equilibrium pH value of 4.6 or lower is achieved within the time designated in the scheduled process and maintained in all finished foods. Manufacturing shall be in accordance with the scheduled process. Acidified foods shall be thermally processed to an extent that is sufficient to destroy the vegetative cells of micro-organisms of public health significance and those of nonhealth significance, such as yeast and mold, capable of reproducing in the food under the conditions in which the food is stored, distributed, retailed, and held by the user. FDA approved preservatives may be used to inhibit reproduction of micro-organisms of nonhealth significance in lieu of thermal processing.

(3) Sufficient control, including frequent testing and recording of results, shall be exercised so that the finished equilibrium pH values for acidified foods are not higher than 4.6. Measurement of acidity of foods in process may be made by potentiometric methods, titratable acidity, or colorimetric methods. If the finished equilibrium pH of the food is above 4.0, the measurement of the finished equilibrium pH shall be by a potentiometric method, and the in-process measurements by titration or colorimetry shall be related to the finished equilibrium pH. If the finished equilibrium pH is 4.0 or below, then the measurement of acidity of the final product may be made by any suitable method. When food ingredients have been subjected to lye, lime, or similar high pH materials, they may alter the pH of the product.

(4) Procedures for acidification to attain acceptable equilibrium pH levels in the final food include, but are not limited to, the following:

(A) Blanching of the food ingredients in acidified aqueous solutions.

(B) Immersion of the blanched food in acid solutions. Although immersion of food in an acid solution is a satisfactory method for acidification, process controls must be taken to ensure that the acid concentration is properly maintained.

(C) Direct batch acidification, which can be achieved by adding a known amount of an acid solution to a specified amount of food during acidification.

(D) Direct addition of a predetermined amount of acid to individual containers during production. Liquid acids are generally more effective than solid or pelleted acids. Process controls must be taken to ensure that the proper amount of acid is added to each container.

(E) Addition of acid foods to low-acid foods in controlled proportions to conform to specific formulations.

(5) Testing and examinations of containers shall occur often enough to ensure that the container suitably protects the food from leakage or contamination.

(6) pH meters shall be standardized to get an accurate pH measurement. The directions for standardization and storage supplied by the manufacturer of the equipment shall be followed.

(7) Each container or product shall be marked with an identifying code permanently visible to the naked eye. If the container does not permit the code to be embossed or inked, the label may be legibly perforated or otherwise marked, as long as the label is securely affixed to the product container. The required identification shall specify in code the wholesale food establishment where the product was packed, the product contained therein, and the year, day, and period during which it was packed. The packing period code shall be changed often enough to enable ready identification of lots during their sale and distribution. Codes may be changed periodically on one (1) of the following bases:

(A) Intervals of four (4) to five (5) hours.

(B) Personnel shift changes.

(C) Batches, as long as the containers constituting the batch do not represent those processed during more than one (1) personnel shift.

(8) A qualified person who has expert knowledge acquired through appropriate training and experience in the acidification and processing of acidified foods shall establish the scheduled process and be considered a processing authority. A written document or published paper prepared by experts in acidified food processing, such as the "Ball Canning Book", may qualify. Any modifications to a process listed in a document or paper shall be substantiated by a qualified person, and that person shall be listed as the processing authority. Copies of the scheduled process shall be kept at the facility.

(9) Whenever any process operation deviates from the scheduled process for any acidified food and/or the equilibrium pH of the finished product is higher than 4.6, the commercial processor of the acidified food shall do any of the following:

(A) Fully reprocess that portion of the food by a process established by a competent processing authority as effective to ensure a safe product.

(B) Thermally process the food as a low-acid food under 21 CFR 113.

(C) Set aside that portion of the food involved for further evaluation as to any potential public health significance. The evaluation shall be made by a competent processing authority and shall be in accordance with procedures recognized by competent processing authorities as being adequate to detect any potential hazard to public health. Unless the evaluation demonstrates that the food has undergone a process that has rendered it safe the food set aside shall either be fully reprocessed to render it safe or be destroyed. A record shall be made of the procedures used in the evaluation and the results. Either upon completion of full reprocessing and the attainment of a safe food, or after the determination that no significant micro-organisms for public health hazard exists, that portion of the food involved may be shipped in normal distribution. Otherwise, the portion of the food involved shall be destroyed.

(10) Records shall be maintained of examinations of raw materials, packaging materials, and finished products and of suppliers' guarantees or certifications that verify compliance with this rule.

(11) Processing and production records showing adherence to scheduled processes, including records of pH measurements and other critical factors intended to ensure a safe product, shall be maintained and shall contain sufficient additional information, such as product code, date, container size, and product, to permit a public health hazard evaluation of the processes applied to each lot, batch, or other portion of production.

(12) Records shall be kept of all departures from scheduled processes having a possible bearing on public health or the safety of the food. The records shall delineate the action taken and the final disposition of the product involved.

(13) Records shall be maintained identifying initial distribution of the finished product to facilitate, when necessary, the segregation of specific food lots that may have become contaminated or otherwise unfit for their intended use.

(14) If a processor makes an electronic record of pH by connection of the pH meter to a computer or by manually keying the pH values into a computer as the primary record, then that record is subject to 21 CFR 11.

(15) Copies of all records provided for in subdivisions (10) through (14) shall be retained at the processing plant or other reasonable, accessible location for a period of three (3) years from the date of manufacture.

(Indiana Department of Health; 410 IAC 7-21-47; filed Jan 7, 2002, 10:16 a.m.: 25 IR 1630, eff one hundred twenty (120) days after filing with secretary of state; readopted filed Jul 14, 2008, 2:14 p.m.: 20080806-IR-410080322RFA; readopted filed Sep 10, 2014, 2:08 p.m.: 20141008-IR-410140299RFA; readopted filed Sep 10, 2020, 2:11 p.m.: 20201007-IR-410200404RFA)

410 IAC 7-21-48 410 IAC 7-21-48 Warehousing and distribution

410 IAC 7-21-48 Warehousing and distribution

Authority: IC 16-42-5-5

Affected: IC 16-42-5

Sec. 48. Storage and transportation of finished food shall be under conditions that will protect food against physical, chemical, and microbial contamination as well as against deterioration of the food and the container. Potentially hazardous foods shall be transported at the temperatures as specified in section 45(c)(1) of this rule and sections 45(d) through 45(e) of this rule [section 45(c)(1) and 45(d) through 45(e) of this rule] .

(Indiana Department of Health; 410 IAC 7-21-48; filed Jan 7, 2002, 10:16 a.m.: 25 IR 1631, eff one hundred twenty (120) days after filing with secretary of state; readopted filed Jul 14, 2008, 2:14 p.m.: 20080806-IR-410080322RFA; readopted filed Sep 10, 2014, 2:08 p.m.: 20141008-IR-410140299RFA; readopted filed Sep 10, 2020, 2:11 p.m.: 20201007-IR-410200404RFA)

410 IAC 7-21-49 410 IAC 7-21-49 Accurate representation of packaged food using standards of identity, honest presentation of food, and food labels

410 IAC 7-21-49 Accurate representation of packaged food using standards of identity, honest presentation of food, and food labels

Authority: IC 16-42-5-5

Affected: IC 16-42-1; IC 16-42-2

Sec. 49. (a) Packaged food shall comply with standard of identity requirements in 21 CFR 130 through 21 CFR 169.

(b) Food shall be offered for human consumption in a way that does not mislead or misinform the consumer.

(c) Food or color additives, colored overwraps, or lights may not be used to misrepresent the true appearance, color, or quality of the food.

(d) Food packaged or stored in a wholesale food establishment shall be labeled as specified in law, including the following:

(1) IC 16-42-1.

(2) IC 16-42-2.

(3) 410 IAC 7-5.

(4) 21 CFR 101.

(e) Label information shall include the following:

(1) The common name of the food or, absent a common name, an adequately descriptive identity statement.

(2) If made from two (2) or more ingredients, a list of ingredients in descending order of predominance by weight, including a declaration of artificial color or flavor and chemical preservatives, if contained in the food.

(3) An accurate declaration of the quantity of contents as required in 410 IAC 12-1.

(4) The name and place of business of the manufacturer, packer, or distributor.

(Indiana Department of Health; 410 IAC 7-21-49; filed Jan 7, 2002, 10:16 a.m.: 25 IR 1631, eff one hundred twenty (120) days after filing with secretary of state; readopted filed Jul 14, 2008, 2:14 p.m.: 20080806-IR-410080322RFA; readopted filed Sep 10, 2014, 2:08 p.m.: 20141008-IR-410140299RFA; readopted filed Sep 10, 2020, 2:11 p.m.: 20201007-IR-410200404RFA)

410 IAC 7-21-50 410 IAC 7-21-50 Public health protection; access; reporting imminent health hazards

410 IAC 7-21-50 Public health protection; access; reporting imminent health hazards

Authority: IC 16-42-5-5

Affected: IC 16-42-5

Sec. 50. (a) The department shall uniformly apply this rule to all wholesale food establishments in a reasonable manner that promotes its underlying purpose of safeguarding public health and ensuring that food is safe, not misbranded, unadulterated, and honestly presented when offered to the consumer.

(b) Facilities and equipment that were installed prior to the effective date of this rule, that do not fully meet all of the design and fabrication requirements, shall be deemed acceptable in that wholesale food establishment if it is in good repair, capable of being maintained in a sanitary condition, and the food-contact surfaces are nontoxic.

(c) After the department presents official credentials and expresses an intent to inspect, investigate, or collect food samples, the supervisory personnel shall allow the department access to the establishment during the establishment's hours of operation and other reasonable times. Information and records to which the department is entitled according to law and are specified in this rule shall be provided upon request.

(d) A wholesale food establishment shall immediately discontinue operations and notify the regulatory authority if an imminent health hazard may exist because of an emergency, such as:

(1) a fire;

(2) a flood;

(3) an extended interruption of electrical or water service;

(4) a sewage backup;

(5) a misuse of poisonous or toxic materials;

(6) an onset of an apparent foodborne illness outbreak;

(7) a gross unsanitary occurrence or condition; or

(8) other circumstance that may endanger public health.

(e) Operation need not be discontinued in an area of a wholesale food establishment that is unaffected by the imminent health hazard.

(f) If operations are discontinued as specified under this subsection or otherwise according to law, the wholesale food establishment shall obtain approval from the department before resuming operations.

(Indiana Department of Health; 410 IAC 7-21-50; filed Jan 7, 2002, 10:16 a.m.: 25 IR 1632, eff one hundred twenty (120) days after filing with secretary of state; readopted filed Jul 14, 2008, 2:14 p.m.: 20080806-IR-410080322RFA; readopted filed Sep 10, 2014, 2:08 p.m.: 20141008-IR-410140299RFA; readopted filed Sep 10, 2020, 2:11 p.m.: 20201007-IR-410200404RFA)

410 IAC 7-21-51 410 IAC 7-21-51 Registration of a wholesale food establishment

410 IAC 7-21-51 Registration of a wholesale food establishment

Authority: IC 16-42-5-5

Affected: IC 16-42-5

Sec. 51. (a) A wholesale food establishment that maintains a place of business in Indiana shall file with the department, on forms to be furnished by the department, a written statement of the name and address of the owner, the name of the business, the character of the business, and the business address of each place of business in Indiana.

(b) A new wholesale food establishment shall not be established in Indiana until the place of business has been registered as provided in this subsection. The department shall be notified of intent to operate at least thirty (30) days prior to beginning operations.

(c) If ownership of a registered place of business changes, the new owner shall register the place of business before operating the same.

(d) If the name of the business or the address of a registered place of business changes, the owner shall register the change.

(Indiana Department of Health; 410 IAC 7-21-51; filed Jan 7, 2002, 10:16 a.m.: 25 IR 1632, eff one hundred twenty (120) days after filing with secretary of state; readopted filed Jul 14, 2008, 2:14 p.m.: 20080806-IR-410080322RFA; readopted filed Sep 10, 2014, 2:08 p.m.: 20141008-IR-410140299RFA; readopted filed Sep 10, 2020, 2:11 p.m.: 20201007-IR-410200404RFA)

410 IAC 7-21-52 410 IAC 7-21-52 Incorporation by reference

410 IAC 7-21-52 Incorporation by reference

Authority: IC 16-42-5-5

Affected: IC 16-42-5

Sec. 52. (a) The following are hereby incorporated by reference:

(1) 21 CFR 11 (April 1, 2001 Edition).

(2) 21 CFR 110.110 (April 1, 2001 Edition).

(3) 21 CFR 101 (April 1, 2001 Edition).

(4) 21 CFR 113 (April 1, 2001 Edition).

(5) 21 CFR 129 (April 1, 2001 Edition).

(6) 21 CFR 130 through 21 CFR 169 (April 1, 2001 Edition).

(7) 21 CFR 170 through 21 CFR 180 (April 1, 2001 Edition).

(8) 21 CFR 181 through 21 CFR 182, 21 CFR 184, and 21 CFR 186 (April 1, 2001 Edition).

(9) 21 CFR 173.310 (April 1, 2001 Edition).

(10) 21 CFR 173.315 (April 1, 2001 Edition).

(11) 21 CFR 178.1010 (April 1, 2001 Edition).

(12) 21 CFR 178.3570 (April 1, 2001 Edition).

(b) Federal rules, which have been incorporated by reference, do not include any later amendments than those specified in the incorporated citation. Sales of the Code of Federal Regulations are handled exclusively by the Superintendent of Documents, Government Printing Office, Washington, D.C. 20402.

(Indiana Department of Health; 410 IAC 7-21-52; filed Jan 7, 2002, 10:16 a.m.: 25 IR 1632, eff one hundred twenty (120) days after filing with secretary of state; readopted filed Jul 14, 2008, 2:14 p.m.: 20080806-IR-410080322RFA; readopted filed Sep 10, 2014, 2:08 p.m.: 20141008-IR-410140299RFA; readopted filed Sep 10, 2020, 2:11 p.m.: 20201007-IR-410200404RFA)

410 IAC 7-22 Rule 22. Certification of Food Handlers (Expired)

Rule 22. Certification of Food Handlers (Expired)

(Expired under IC 4-22-2.5, effective January 1, 2022.)

Rule 23

410 IAC 7-23-1 410 IAC 7-23-1 Schedule of civil penalties

Rule 23. Food Establishment: Schedule of Civil Penalties for Violations

410 IAC 7-23-1 Schedule of civil penalties

Authority: IC 16-42-5-5

Affected: IC 4-21.5-3-8; IC 16-42-5

Sec. 1. (a) The department may commence an action under IC 4-21.5-3-8 to levy civil penalties against a person who

(1) fails to comply with IC 16-42-5, 410 IAC 7-21, or 410 IAC 7-26; or

(2) interferes with or obstructs the department in the performance of duties under IC 16-42-5, 410 IAC 7-21, or 410 IAC 7-26.

(b) A civil penalty in an amount in the appropriate range specified in subsection (d), (e), or (f), or any combination thereof, may be sought for each day of each violation.

(c) In determining the seriousness of the violation and the specific amount of the civil penalty to be sought for each violation, the Indiana department of health (department) will consider, but is not limited to, the following:

(1) The potential for harm or imminent threat to public health.

(2) The extent of deviation from statutory or regulatory requirements.

(3) Degree of willfulness or negligence.

(4) History of noncompliance.

The absence of direct harm will not result in assessment of a lower penalty for a violation.

(d) Unless adjusted as provided in subsections (g) and (h), and if penalties are to be assessed to a food establishment, as defined in IC 16-42-5, they shall be assessed in accordance with the following:

| INDIANA CODE SECTION | PENALTY RANGE | | --- | --- | | IC 16-42-5-6; IC 16-42-5-11; IC 16-42-5-19; IC 16-42-5-21 | $0 to $1,000 | | IC 16-42-5-7; IC 16-42-5-12; IC 16-42-5-13; IC 16-42-5-14; IC 16-42-5-15; IC 16-42-5-17; IC 16-42-5-18; IC 16-42-5-20 | $0 to $500 | | IC 16-42-5-8; IC 16-42-5-9; IC 16-42-5-10; IC 16-42-5-16; IC 16-42-5-22 | $0 to $100 |

(e) Unless adjusted as provided in subsections (g) and (h), and if penalties are to be assessed to a retail food establishment, as defined in 410 IAC 7-26, then they shall be assessed in accordance with the following:

| SECTIONS OF 410 IAC 7-26 | PENALTY RANGE | | --- | --- | | 138; 142; 154; 155; 161; 173; 198; 274; 385; 427; 477 | $0-$500 | | 134; 137; 149; 156 through 160; 162; 163 through 167; 169(a); 172; 174; 175; 177; 178; 195(a); 199; 200; 203; 206; 211; 213; 216; 218; 221; 222; 223; 224(d); 225; 226; 296; 299; 303; 316; 317; 318; 334 through 337; 341; 345; 346; 348; 351; 355; 356;360; 362; 363(a)(1); 380; 382; 434; 450; 455 through 466; 468; 478; 479; 481; 483; 484; 490 | $0-$250 | | 135; 140; 141; 144; 147; 148; 169(b); 169(c); 170; 196; 197; 212; 214; 224(a) through 224(c); 235; 238; 259; 273; 306(a); 307; 338; 374; 428; 454; 485; 486; 488 | $0-$100 | | 136; 139; 143; 145; 146; 168; 171; 176; 179; 180; 181; 183 through 194; 195(b); 195(c); 204; 205; 207 through 210; 219; 220; 227 through 234; 236; 237; 239; 240; 241; 242; 244 through 258; 260 through 269; 271; 274 through 295; 297; 298; 300; 301; 302; 304; 305; 306(b); 306(c); 308; 309; 312 through 315; 319 through 331; 333; 339; 340; 342; 343; 344; 347; 349; 350; 353; 354; 357; 358; 359; 361; 363(a)(2); 364 through 373; 375; 377; 378; 381; 383; 384; 386 through 426; 429; 430; 431; 433; 435 through 448; 451; 452; 453;467; 469; 470; 471; 473 | $0-$50 |

(f) Except as provided in subsections (g) and (h), if penalties are to be assessed to a wholesale food establishment, as defined in 410 IAC 7-21, the penalties shall be assessed as follows:

| SECTIONS OF 410 IAC 7-21 | PENALTY RANGE | | --- | --- | | 35; 36(1) through 36(5); 39(b)(8); 40; 41; 42(b); 45(c); 45(n); 45(p); 45(q); 45(r); 46; 47(9)(B); 48; 49(d); 49(e); 50(d) | $0-$1,000 | | 36(8); 37; 38; 39(a); 39(b)(1) through 39(b)(7); 42(a); 42(d); 42(e); 44(i); 45(a); 45(b); 45(d) through 45(m); 45(o); 45(s); 47(2) through 47(7); 47(9)(A); 47(9)(C); 50(c); 50(f); 51(a); 51(c); 51(d) | $0-$500 | | 36(6); 36(7); 42(c); 43(b); 43(c); 43(d); 44(c); 44(e); 44(h); 47(1); 47(8); 49(a) through 49(c); 50(b); 51(b) | $0-$250 | | 36(9); 43(a); 43(e); 44(a); 44(b); 44(d); 44(f); 44(g); 45(t); 47(10) through 47(15) | $0-$100 |

(g) After reinspection and determining the appropriate penalty based on the schedule in subsection (d), (e), or (f), or any combination thereof, the department may adjust the penalty to reflect a good faith effort to comply as follows:

(1) Each individual penalty will be multiplied by the number of days the particular violation has been documented by the department.

(2) Penalties for violations documented in two (2) consecutive inspections by the department shall be assessed on the basis that the violations have remained uncorrected over the period between the two (2) inspections.

(3) If the person found in violation has requested reinspection and produced substantive evidence that the violation or violations have been corrected, the penalties shall be assessed for the period between initial discovery of the violation and receiving the request for reinspection.

(4) Penalties for all violations documented in an inspection or series of inspections at an establishment will be totaled and sought under one (1) cause of action.

(h) After filing an action under IC 4-21.5, and in an attempt to resolve violations of IC 16-42 and this rule without conducting a hearing, the department may negotiate and enter into agreed orders. An agreed order may suspend all or part of the civil penalty calculated under the requirements and deadlines established in the agreed order. (Indiana Department of Health; 410 IAC 7-23-1; filed Dec 4, 2003, 3:05 p.m.: 27 IR 1167; filed Oct 13, 2004, 11:25 a.m.: 28 IR 908; readopted filed Jul 15, 2010, 12:12 p.m.: 20100728-IR-410100261RFA; readopted filed Nov 10, 2016, 8:45 a.m.: 20161207-IR-410160371RFA; errata filed Jul 28, 2021, 9:35 a.m.: 20210811-IR-410210313ACA; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA)

410 IAC 7-24 Rule 24. Sanitary Standards for the Operation of Retail Food Establishments (Repealed)

Rule 24. Sanitary Standards for the Operation of Retail Food Establishments (Repealed)

(Repealed by Indiana Department of Health; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA)

410 IAC 7-25 Rule 25. On Farm Poultry Processor Exemption (Repealed)

Rule 25. On Farm Poultry Processor Exemption (Repealed)

(Repealed by Indiana Department of Health; filed Nov 19, 2018, 3:40 p.m.: 20181219-IR-410180160FRA)

Rule 26

410 IAC 7-26-1 410 IAC 7-26-1 Applicability

Rule 26. Food Establishment Operations; Sanitary Standards

410 IAC 7-26-1 Applicability

Authority: IC 16-42-5-5

Affected: IC 16-42-5

Sec. 1. The definitions in this rule apply throughout this rule. (Indiana Department of Health; 410 IAC 7-26-1; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA)

410 IAC 7-26-2 410 IAC 7-26-2 "Accredited program" defined

410 IAC 7-26-2 "Accredited program" defined

Authority: IC 16-42-5-5

Affected: IC 16-42-5

Sec. 2. (a) "Accredited program" means a food protection manager certification program that has been evaluated and listed by an accrediting agency as conforming to national standards for organizations that certify individuals.

(b) The term refers to the certification process and is a designation based on an independent evaluation of factors, such as:

(1) the sponsor's mission;

(2) organizational structure;

(3) staff resources;

(4) revenue sources;

(5) policies;

(6) public information regarding program scope, eligibility requirements, recertification, discipline, and grievance procedures; and

(7) test development and administration.

(c) The term does not refer to training functions or educational programs. (Indiana Department of Health; 410 IAC 7-26-2; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA)

410 IAC 7-26-3 410 IAC 7-26-3 "Acid foods" defined

410 IAC 7-26-3 "Acid foods" defined

Authority: IC 16-42-5-5

Affected: IC 16-42-5

Sec. 3. "Acid foods" means foods that have a natural pH of 4.6 or below. (Indiana Department of Health; 410 IAC 7-26-3; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA)

410 IAC 7-26-4 410 IAC 7-26-4 "Acidified foods" defined

410 IAC 7-26-4 "Acidified foods" defined

Authority: IC 16-42-5-5

Affected: IC 16-42-5

Sec. 4. (a) "Acidified foods" means foods, other than alcoholic beverages, with a finished equilibrium pH of 4.6 or above and an a_w greater than eighty-five hundredths (0.85), intentionally altered by adding an acid or acids, or acid foods, to reach a finished equilibrium pH of 4.6 or below and an a_w greater than eighty-five hundredths (0.85).

(b) This term does not include:

(1) acid foods that contain small amounts of other foods having a pH over 4.6, but will result in a product with finished equilibrium pH that does not significantly differ from that of the predominant acid or acid food; and

(2) foods that are stored, distributed, and retailed under refrigeration.

(Indiana Department of Health; 410 IAC 7-26-4; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA)

410 IAC 7-26-5 410 IAC 7-26-5 "Additive" defined

410 IAC 7-26-5 "Additive" defined

Authority: IC 16-42-5-5

Affected: IC 16-42-5

Sec. 5. "Additive" means a food or color additive. (Indiana Department of Health; 410 IAC 7-26-5; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA)

410 IAC 7-26-6 410 IAC 7-26-6 "Adulterated" defined

410 IAC 7-26-6 "Adulterated" defined

Authority: IC 16-42-5-5

Affected: IC 16-42-1; IC 16-42-2; IC 16-42-5

Sec. 6. "Adulterated" has the meaning set forth in IC 16-42-1 and IC 16-42-2. (Indiana Department of Health; 410 IAC 7-26-6; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA)

410 IAC 7-26-7 410 IAC 7-26-7 "Approved" defined

410 IAC 7-26-7 "Approved" defined

Authority: IC 16-42-5-5

Affected: IC 16-42-5

Sec. 7. "Approved" means acceptable to the regulatory authority based on a determination of conformity with principles, practices, and generally recognized standards that protect public health. (Indiana Department of Health; 410 IAC 7-26-7; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA)

410 IAC 7-26-8 410 IAC 7-26-8 "Asymptomatic" defined

410 IAC 7-26-8 "Asymptomatic" defined

Authority: IC 16-42-5-5

Affected: IC 16-42-5

Sec. 8. (a) "Asymptomatic" means without obvious symptoms and includes not showing or producing indications of a disease or other medical condition, such as an individual infected with a pathogen but not exhibiting or producing any signs or symptoms of vomiting, diarrhea, or jaundice.

(b) The term includes not showing symptoms because symptoms have resolved or subsided, or because symptoms never manifested. (Indiana Department of Health; 410 IAC 7-26-8; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA)

410 IAC 7-26-9 410 IAC 7-26-9 "aw" defined

410 IAC 7-26-9 "a_w" defined

Authority: IC 16-42-5-5

Affected: IC 16-42-5

Sec. 9. "a_w" means water activity as follows:

(1) A measure of the free moisture in a food.

(2) The quotient of the water vapor pressure of the substance divided by the vapor pressure of pure water at the same temperature.

(Indiana Department of Health; 410 IAC 7-26-9; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA)

410 IAC 7-26-10 410 IAC 7-26-10 "Balut" defined

410 IAC 7-26-10 "Balut" defined

Authority: IC 16-42-5-5

Affected: IC 16-42-5

Sec. 10. "Balut" means an embryo inside a fertile egg that has been incubated for a period sufficient for the embryo to reach a specific stage of development after which it is removed from incubation before hatching. (Indiana Department of Health; 410 IAC 7-26-10; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA)

410 IAC 7-26-11 410 IAC 7-26-11 "Beverage" defined

410 IAC 7-26-11 "Beverage" defined

Authority: IC 16-42-5-5

Affected: IC 16-42-5

Sec. 11. "Beverage" means a liquid for drinking, including water. (Indiana Department of Health; 410 IAC 7-26-11; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA)

410 IAC 7-26-12 410 IAC 7-26-12 "Bottled drinking water" defined

410 IAC 7-26-12 "Bottled drinking water" defined

Authority: IC 16-42-5-5

Affected: IC 16-42-5

Sec. 12. "Bottled drinking water" means water that is sealed in bottles, packages, or other containers and offered for sale for human consumption, including bottled mineral water. (Indiana Department of Health; 410 IAC 7-26-12; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA)

410 IAC 7-26-13 410 IAC 7-26-13 "Catering" defined

410 IAC 7-26-13 "Catering" defined

Authority: IC 16-42-5-5

Affected: IC 16-42-5

Sec. 13. "Catering" means preparing food in an approved retail food establishment and may include transporting the food for service and consumption at some other site. (Indiana Department of Health; 410 IAC 7-26-13; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA)

410 IAC 7-26-14 410 IAC 7-26-14 "Certified food protection manager" defined

410 IAC 7-26-14 "Certified food protection manager" defined

Authority: IC 16-42-5-5

Affected: IC 16-42-5.2-4

Sec. 14. "Certified food protection manager" has the meaning set forth in IC 16-42-5.2-4. (Indiana Department of Health; 410 IAC 7-26-14; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA)

410 IAC 7-26-15 410 IAC 7-26-15 "Certification number" defined

410 IAC 7-26-15 "Certification number" defined

Authority: IC 16-42-5-5

Affected: IC 16-42-5

Sec. 15. "Certification number" means the unique identification number issued by the shellfish control authority to each dealer for each location. (Indiana Department of Health; 410 IAC 7-26-15; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA)

410 IAC 7-26-16 410 IAC 7-26-16 "CFR" defined

410 IAC 7-26-16 "CFR" defined

Authority: IC 16-42-5-5

Affected: IC 16-42-5

Sec. 16. "CFR" means the Code of Federal Regulations. (Indiana Department of Health; 410 IAC 7-26-16; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA)

410 IAC 7-26-17 410 IAC 7-26-17 "Cleaned in place" or "CIP" defined

410 IAC 7-26-17 "Cleaned in place" or "CIP" defined

Authority: IC 16-42-5-5

Affected: IC 16-42-5

Sec. 17. (a) "Cleaned in place" or "CIP" means cleaned in place by the circulation or flowing by mechanical means through a piping system of a detergent solution, water rinse, and sanitizing solution onto or over equipment surfaces that require cleaning, such as the method used, in part, to clean and sanitize a frozen dessert machine.

(b) The term does not include the cleaning of equipment, such as band saws, slicers, or mixers subjected to in-place manual cleaning without the use of a CIP system. (Indiana Department of Health; 410 IAC 7-26-17; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA)

410 IAC 7-26-18 410 IAC 7-26-18 "Color additive" defined

410 IAC 7-26-18 "Color additive" defined

Authority: IC 16-42-5-5

Affected: IC 16-42-5

Sec. 18. "Color additive" has the meaning set forth in 21 U.S.C. 321(t) and 21 CFR 70.3(f). (Indiana Department of Health; 410 IAC 7-26-18; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA)

410 IAC 7-26-19 410 IAC 7-26-19 "Commingle" defined

410 IAC 7-26-19 "Commingle" defined

Authority: IC 16-42-5-5

Affected: IC 16-42-5

Sec. 19. "Commingle" means the act of combining different lots of shellfish. (Indiana Department of Health; 410 IAC 7-26-19; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA)

410 IAC 7-26-20 410 IAC 7-26-20 "Comminuted" defined

410 IAC 7-26-20 "Comminuted" defined

Authority: IC 16-42-5-5

Affected: IC 16-42-5

Sec. 20. "Comminuted" means reduced in size by methods, including chopping, flaking, grinding, or mincing. The term includes the following:

(1) Fish or meat products that are reduced in size and restructured or reformulated, such as the following:

(A) Ground beef.

(B) Sausage.

(C) Gefilte fish.

(D) Gyros.

(2) A mixture of at least two (2) types of meat that have been reduced in size and combined, such as sausages made from at least two (2) meats.

(Indiana Department of Health; 410 IAC 7-26-20; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA)

410 IAC 7-26-21 410 IAC 7-26-21 "Commissary" defined

410 IAC 7-26-21 "Commissary" defined

Authority: IC 16-42-5-5

Affected: IC 16-42-5

Sec. 21. "Commissary" means a registered catering establishment, restaurant, or any retail food establishment in which food, food containers, or food supplies are:

(1) kept;

(2) handled;

(3) prepared;

(4) packaged; or

(5) stored;

from which meals are catered and mobile retail food establishments or pushcarts are serviced. (Indiana Department of Health; 410 IAC 7-26-21; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA)

410 IAC 7-26-22 410 IAC 7-26-22 "Conditional employee" defined

410 IAC 7-26-22 "Conditional employee" defined

Authority: IC 16-42-5-5

Affected: IC 16-42-5

Sec. 22. "Conditional employee" means a potential food employee to whom a job offer is made, conditional on responses to subsequent medical questions or examinations designed to identify potential food employees who may be suffering from a disease that can be transmitted through food, and done in compliance with Title 1 of the Americans with Disabilities Act of 1990. (Indiana Department of Health; 410 IAC 7-26-22; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA)

410 IAC 7-26-23 410 IAC 7-26-23 "Confirmed disease outbreak" defined

410 IAC 7-26-23 "Confirmed disease outbreak" defined

Authority: IC 16-42-5-5

Affected: IC 16-42-5

Sec. 23. "Confirmed disease outbreak" means a foodborne disease outbreak in which a laboratory analysis of appropriate specimens identifies a causative agent, and an epidemiological analysis implicates the food as the source of the illness. (Indiana Department of Health; 410 IAC 7-26-23; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA)

410 IAC 7-26-24 410 IAC 7-26-24 "Consumer" defined

410 IAC 7-26-24 "Consumer" defined

Authority: IC 16-42-5-5

Affected: IC 16-42-5

Sec. 24. "Consumer" means a person who is a member of the public who:

(1) takes possession of food;

(2) is not functioning in the capacity of an operator of a retail food establishment or food processing plant; and

(3) does not offer the food for resale.

(Indiana Department of Health; 410 IAC 7-26-24; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA)

410 IAC 7-26-25 410 IAC 7-26-25 "Core item" defined

410 IAC 7-26-25 "Core item" defined

Authority: IC 16-42-5-5

Affected: IC 16-42-5

Sec. 25. "Core item" means a provision in this rule designated as core. The term includes an item that usually relates to:

(1) general sanitation;

(2) operational control;

(3) sanitation standard operating procedures;

(4) facilities or structures;

(5) equipment design; or

(6) general maintenance.

(Indiana Department of Health; 410 IAC 7-26-25; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA)

410 IAC 7-26-26 410 IAC 7-26-26 "Corrosion resistant material" defined

410 IAC 7-26-26 "Corrosion resistant material" defined

Authority: IC 16-42-5-5

Affected: IC 16-42-5

Sec. 26. "Corrosion resistant material" means a material that maintains acceptable surface cleanability characteristics under prolonged influence of the food to be contacted, the normal use of cleaning compounds and sanitizing solutions, and other conditions of the use environment. (Indiana Department of Health; 410 IAC 7-26-26; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA)

410 IAC 7-26-27 410 IAC 7-26-27 "Counter mounted equipment" defined

410 IAC 7-26-27 "Counter mounted equipment" defined

Authority: IC 16-42-5-5

Affected: IC 16-42-5

Sec. 27. "Counter mounted equipment" means equipment that is not portable and is designed to be mounted off the floor on a table, counter, or shelf. (Indiana Department of Health; 410 IAC 7-26-27; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA)

410 IAC 7-26-28 410 IAC 7-26-28 "Critical control point" defined

410 IAC 7-26-28 "Critical control point" defined

Authority: IC 16-42-5-5

Affected: IC 16-42-5

Sec. 28. "Critical control point" means a point or procedure in a specific food system where loss of control may result in an unacceptable health risk. (Indiana Department of Health; 410 IAC 7-26-28; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA)

410 IAC 7-26-29 410 IAC 7-26-29 "Critical limit" defined

410 IAC 7-26-29 "Critical limit" defined

Authority: IC 16-42-5-5

Affected: IC 16-42-5

Sec. 29. "Critical limit" means the highest or lowest value to which a physical, biological, or chemical parameter must be controlled at a critical control point to lower the risk that the identified food safety hazard may occur. (Indiana Department of Health; 410 IAC 7-26-29; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA)

410 IAC 7-26-30 410 IAC 7-26-30 "Cut leafy greens" defined

410 IAC 7-26-30 "Cut leafy greens" defined

Authority: IC 16-42-5-5

Affected: IC 16-42-5

Sec. 30. "Cut leafy greens" means fresh leafy greens whose leaves have been cut, shredded, sliced, chopped, or torn. (Indiana Department of Health; 410 IAC 7-26-30; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA)

410 IAC 7-26-31 410 IAC 7-26-31 "Dealer" defined

410 IAC 7-26-31 "Dealer" defined

Authority: IC 16-42-5-5

Affected: IC 16-42-5

Sec. 31. "Dealer" means a person authorized by a shellfish control authority for the activities of:

(1) shellstock shipper;

(2) shucker-packer;

(3) repacker;

(4) reshipper; or

(5) depuration processor;

of molluscan shellfish, according to the provisions of the National Shellfish Sanitation Program. (Indiana Department of Health; 410 IAC 7-26-29; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA)

410 IAC 7-26-32 410 IAC 7-26-32 "Department" defined

410 IAC 7-26-32 "Department" defined

Authority: IC 16-42-5-5

Affected: IC 16-42-5

Sec. 32. "Department" means the Indiana department of health or its authorized representative. (Indiana Department of Health; 410 IAC 7-26-30; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA)

410 IAC 7-26-33 410 IAC 7-26-33 "Disclosure" defined

410 IAC 7-26-33 "Disclosure" defined

Authority: IC 16-42-5-5

Affected: IC 16-42-5

Sec. 33. "Disclosure" means a written statement that clearly identifies the animal derived foods that are, or can be ordered, raw, undercooked, or without otherwise being processed to eliminate pathogens, or items that contain an ingredient that is raw, undercooked, or without otherwise being processed to eliminate pathogens. (Indiana Department of Health; 410 IAC 7-26-31; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA)

410 IAC 7-26-34 410 IAC 7-26-34 "Drinking water" defined

410 IAC 7-26-34 "Drinking water" defined

Authority: IC 16-42-5-5

Affected: IC 16-42-5

Sec. 34. (a) "Drinking water" means water that meets the requirements of 327 IAC 8.

(b) The term is traditionally known as potable water.

(c) The term includes water, except where the term used means the water is not potable, such as the following:

(1) Boiler water.

(2) Mop water.

(3) Rainwater.

(4) Wastewater.

(5) Nondrinking water.

(Indiana Department of Health; 410 IAC 7-26-32; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA)

410 IAC 7-26-35 410 IAC 7-26-35 "Dry storage" defined

410 IAC 7-26-35 "Dry storage" defined

Authority: IC 16-42-5-5

Affected: IC 16-42-5

Sec. 35. "Dry storage" means a room or an area designated for storing packaged or containerized bulk food that is not a TCS food and dry goods, such as single-service items. (Indiana Department of Health; 410 IAC 7-26-33; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA)

410 IAC 7-26-36 410 IAC 7-26-36 "Easily cleanable" defined

410 IAC 7-26-36 "Easily cleanable" defined

Authority: IC 16-42-5-5

Affected: IC 16-42-5

Sec. 36. (a) "Easily cleanable" means a characteristic of a surface that:

(1) allows effective removal of soil by normal cleaning methods;

(2) is dependent on the material, design, construction, and installation of the surface; and

(3) varies with the likelihood of the surface's role in introducing pathogenic or toxigenic agents or other contaminants into food based on the surface's approved placement, purpose, and use.

(b) The term includes a tiered application of the criteria that qualify the surface as easily cleanable as specified under subsection (a) to different situations in which varying degrees of cleanability are required, such as the:

(1) appropriateness of stainless steel for a food preparation surface as opposed to the lack of need for stainless steel to be used for floors or for tables used for consumer dining; or

(2) need for a different degree of cleanability for a utilitarian attachment or accessory in the kitchen as opposed to a decorative attachment or accessory in the consumer dining area.

(Indiana Department of Health; 410 IAC 7-26-34; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA)

410 IAC 7-26-37 410 IAC 7-26-37 "Easily movable" defined

410 IAC 7-26-37 "Easily movable" defined

Authority: IC 16-42-5-5

Affected: IC 16-42-5

Sec. 37. "Easily movable" means:

(1) portable, mounted on casters, gliders, or rollers, or provided with a mechanical means to safely tilt a unit of equipment for cleaning; and

(2) having:

(A) no utility connection;

(B) a utility connection that disconnects quickly; or

(C) a flexible utility connection line of sufficient length to allow the equipment to be moved for cleaning the equipment and adjacent area.

(Indiana Department of Health; 410 IAC 7-26-37; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA)

410 IAC 7-26-38 410 IAC 7-26-38 "Egg" defined

410 IAC 7-26-38 "Egg" defined

Authority: IC 16-42-5-5

Affected: IC 16-42-5

Sec. 38. (a) "Egg" means the shell egg of an avian species, such as:

(1) chickens;

(2) ducks;

(3) geese;

(4) turkeys;

(5) quail;

(6) guinea; or

(7) ratites.

(b) The term does not include:

(1) a balut;

(2) the egg of a reptile species, such as alligators; or

(3) an egg product.

(Indiana Department of Health; 410 IAC 7-26-38; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA)

410 IAC 7-26-39 410 IAC 7-26-39 "Egg product" defined

410 IAC 7-26-39 "Egg product" defined

Authority: IC 16-42-5-5

Affected: IC 16-42-5

Sec. 39. (a) "Egg product" means all, or a portion of, the contents found inside an egg, separated from the shell and pasteurized in a food processing plant, with or without added ingredients and intended for human consumption, such as dried, frozen, or liquid eggs.

(b) The term does not include food that contains eggs only in a relatively small proportion, such as cake mixes. (Indiana Department of Health; 410 IAC 7-26-39; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA)

410 IAC 7-26-40 410 IAC 7-26-40 "Employee" defined

410 IAC 7-26-40 "Employee" defined

Authority: IC 16-42-5-5

Affected: IC 16-42-5

Sec. 40. "Employee" means any of the following:

(1) A person in charge.

(2) A food employee.

(3) A person having supervisory or management duties.

(4) A person on the payroll.

(5) A family member.

(6) A volunteer.

(7) A person performing work under a contractual agreement.

(8) Any other person working in a retail food establishment.

(Indiana Department of Health; 410 IAC 7-26-40; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA)

410 IAC 7-26-41 410 IAC 7-26-41 "EPA" defined

410 IAC 7-26-41 "EPA" defined

Authority: IC 16-42-5-5

Affected: IC 16-42-5

Sec. 41. "EPA" means the United States Environmental Protection Agency. (Indiana Department of Health; 410 IAC 7-26-41; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA)

410 IAC 7-26-42 410 IAC 7-26-42 "Equipment" defined

410 IAC 7-26-42 "Equipment" defined

Authority: IC 16-42-5-5

Affected: IC 16-42-5

Sec. 42. (a) "Equipment" means an article that is used in the operation of a retail food establishment, such as the following:

(1) A freezer.

(2) A grinder.

(3) A hood.

(4) An ice maker.

(5) A meat block.

(6) A mixer.

(7) An oven.

(8) A reach-in refrigerator.

(9) A scale.

(10) A sink.

(11) A slicer.

(12) A stove.

(13) A table.

(14) A temperature measuring device for food or ambient air.

(15) A vending machine.

(16) A warewashing machine.

(b) The term does not include items used for handling or storing large quantities of packaged foods received from a supplier in a cased or overwrapped lot, such as the following:

(1) Hand trucks.

(2) Forklifts.

(3) Dollies.

(4) Pallets.

(5) Racks.

(6) Skids.

(Indiana Department of Health; 410 IAC 7-26-42; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA)

410 IAC 7-26-43 410 IAC 7-26-43 "Exclude" defined

410 IAC 7-26-43 "Exclude" defined

Authority: IC 16-42-5-5

Affected: IC 16-42-5

Sec. 43. "Exclude" means to prevent a person from working as a food employee or entering a retail food establishment as an employee. (Indiana Department of Health; 410 IAC 7-26-43; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA)

410 IAC 7-26-44 410 IAC 7-26-44 "FDA" defined

410 IAC 7-26-44 "FDA" defined

Authority: IC 16-42-5-5

Affected: IC 16-42-5

Sec. 44. "FDA" means the U.S. Food and Drug Administration. (Indiana Department of Health; 410 IAC 7-26-44; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA)

410 IAC 7-26-45 410 IAC 7-26-45 "Fish" defined

410 IAC 7-26-45 "Fish" defined

Authority: IC 16-42-5-5

Affected: IC 16-42-5

Sec. 45. (a) "Fish" means fresh or saltwater finfish, crustaceans, and other aquatic life, including:

(1) alligators;

(2) frogs;

(3) aquatic turtles;

(4) jellyfish;

(5) sea cucumbers;

(6) sea urchins; and

(7) mollusks;

other than birds, insects, or mammals, if that animal life is intended for human consumption.

(b) The term includes the following:

(1) The roe of any fish.

(2) An edible human food product derived, in whole or in part, from fish, including fish that have been processed in any manner.

(Indiana Department of Health; 410 IAC 7-26-45; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA)

410 IAC 7-26-46 410 IAC 7-26-46 "Food" defined

410 IAC 7-26-46 "Food" defined

Authority: IC 16-42-5-5

Affected: IC 16-18-2-135; IC 16-42-5

Sec. 46. (a) "Food" has the meaning set forth in IC 16-18-2-135.

(b) The term includes raw, cooked, or processed edible substances, ice, beverages, an ingredient used or intended for use or for sale, in whole or in part, for human consumption, or chewing gum. (Indiana Department of Health; 410 IAC 7-26-46; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA)

410 IAC 7-26-47 410 IAC 7-26-47 "Food additive" defined

410 IAC 7-26-47 "Food additive" defined

Authority: IC 16-42-5-5

Affected: IC 16-42-5

Sec. 47. "Food additive" has the meaning set forth in 21 U.S.C. 321(s) and 21 CFR 170.3(e)(1). (Indiana Department of Health; 410 IAC 7-26-47; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA)

410 IAC 7-26-48 410 IAC 7-26-48 "Foodborne disease outbreak" defined

410 IAC 7-26-48 "Foodborne disease outbreak" defined

Authority: IC 16-42-5-5

Affected: IC 16-42-5

Sec. 48. "Foodborne disease outbreak" means the occurrence of:

(1) at least two (2) cases of a similar illness resulting from ingesting a common food; or

(2) a single case of an illness from botulism or chemical poisoning.

(Indiana Department of Health; 410 IAC 7-26-48; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA)

410 IAC 7-26-49 410 IAC 7-26-49 "Food contact surface" defined

410 IAC 7-26-49 "Food contact surface" defined

Authority: IC 16-42-5-5

Affected: IC 16-42-5

Sec. 49. "Food contact surface" means the surface of equipment or a utensil:

(1) with which food normally comes into contact; or

(2) from which food may drain, drip, or splash:

(A) into a food; or

(B) onto a surface normally in contact with food.

(Indiana Department of Health; 410 IAC 7-26-49; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA)

410 IAC 7-26-50 410 IAC 7-26-50 "Food employee" defined

410 IAC 7-26-50 "Food employee" defined

Authority: IC 16-42-5-5

Affected: IC 16-42-5

Sec. 50. "Food employee" means an individual working with unpackaged food, food equipment or utensils, or food contact surfaces. (Indiana Department of Health; 410 IAC 7-26-50; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA)

410 IAC 7-26-51 410 IAC 7-26-51 "Food processing plant" defined

410 IAC 7-26-51 "Food processing plant" defined

Authority: IC 16-42-5-5

Affected: IC 15-17-5; IC 15-18-1; IC 16-42-5; IC 16-42-5.3

Sec. 51. (a) "Food processing plant" means a commercial operation, such as:

(1) a wholesale food establishment regulated under IC 16-42-5 and 410 IAC 7-21;

(2) a dairy operation regulated under IC 15-18-1; and

(3) a livestock or poultry operation regulated under IC 15-17-5;

that manufactures, packages, labels, or stores food for human consumption and does not provide food directly to a consumer.

(b) The term does not include a home based vendor under IC 16-42-5.3, or a retail food establishment as defined under section 105 of this rule, unless the retail food establishment is conducting wholesale activities as specified in 410 IAC 7-21 or under a variance. (Indiana Department of Health; 410 IAC 7-26-51; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA)

410 IAC 7-26-52 410 IAC 7-26-52 "Game animal" defined

410 IAC 7-26-52 "Game animal" defined

Authority: IC 16-42-5-5

Affected: IC 15-17-5; IC 16-42-5

Sec. 52. (a) "Game animal" means an animal, the product of which is food for human comsumption that is not:

(1) regulated as a livestock or poultry product under IC 15-17-5;

(2) fish as defined in section 45 of this rule; and

(3) possessed or raised in violation of state or federal law.

(b) The term includes non-farm raised animals, including deer, bison, quail, rabbit, or elk. (Indiana Department of Health; 410 IAC 7-26-52; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA)

410 IAC 7-26-53 410 IAC 7-26-53 "Grade A standards" defined

410 IAC 7-26-53 "Grade A standards" defined

Authority: IC 16-42-5-5

Affected: IC 16-42-5

Sec. 53. "Grade A standards" means the requirements of the United States Public Health Service, FDA Grade A Pasteurized Milk Ordinance, and FDA Grade A Condensed and Dry Milk Ordinance with which certain fluid and dry milk, and milk products, comply. (Indiana Department of Health; 410 IAC 7-26-53; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA)

410 IAC 7-26-54 410 IAC 7-26-54 "HACCP plan" defined

410 IAC 7-26-54 "HACCP plan" defined

Authority: IC 16-42-5-5

Affected: IC 16-42-5

Sec. 54. "HACCP plan" means a written document that delineates the formal procedures for following the Hazard Analysis and Critical Control Point principles developed by the National Advisory Committee on Microbiological Criteria for Foods. (Indiana Department of Health; 410 IAC 7-26-54; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA)

410 IAC 7-26-55 410 IAC 7-26-55 "Handwashing sink" defined

410 IAC 7-26-55 "Handwashing sink" defined

Authority: IC 16-42-5-5

Affected: IC 16-42-5

Sec. 55. "Handwashing sink" means:

(1) a lavatory;

(2) a basin or vessel for washing;

(3) an automatic handwashing facility;

(4) a wash basin; or

(5) a plumbing fixture;

especially placed for use in personal hygiene and designed for washing the hands. (Indiana Department of Health; 410 IAC 7-26-55; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA)

410 IAC 7-26-56 410 IAC 7-26-56 "Hazard" defined

410 IAC 7-26-56 "Hazard" defined

Authority: IC 16-42-5-5

Affected: IC 16-42-5

Sec. 56. "Hazard" means a biological, chemical, or physical property that may cause an unacceptable consumer health risk. (Indiana Department of Health; 410 IAC 7-26-56; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA)

410 IAC 7-26-57 410 IAC 7-26-57 "Health practitioner" defined

410 IAC 7-26-57 "Health practitioner" defined

Authority: IC 16-42-5-5

Affected: IC 16-42-5

Sec. 57. "Health practitioner" means a physician licensed to practice medicine, or if allowed by law, a nurse practitioner, physician assistant, or similar medical professional. (Indiana Department of Health; 410 IAC 7-26-57; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA)

410 IAC 7-26-58 410 IAC 7-26-58 "Hermetically sealed container" defined

410 IAC 7-26-58 "Hermetically sealed container" defined

Authority: IC 16-42-5-5

Affected: IC 16-42-5

Sec. 58. "Hermetically sealed container" means a container designed and intended to be secure against the entry of microorganisms and, in the case of low-acid canned foods, to maintain the commercial sterility of its contents after processing. (Indiana Department of Health; 410 IAC 7-26-58; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA)

410 IAC 7-26-59 410 IAC 7-26-59 "Highly susceptible population" defined

410 IAC 7-26-59 "Highly susceptible population" defined

Authority: IC 16-42-5-5

Affected: IC 16-42-5

Sec. 59. "Highly susceptible population" means persons who are more likely than others in the general population to experience foodborne disease because they are:

(1) immunocompromised, preschool age children, or older adults; and

(2) obtaining food at a facility that provides services, including custodial care, health care, or assisted living, such as a child or an adult day care center, kidney dialysis center, hospital, nursing home, or nutritional or socialization services, such as a senior center.

(Indiana Department of Health; 410 IAC 7-26-59; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA)

410 IAC 7-26-60 410 IAC 7-26-60 "Imminent health hazard" defined

410 IAC 7-26-60 "Imminent health hazard" defined

Authority: IC 16-42-5-5

Affected: IC 16-42-5

Sec. 60. "Imminent health hazard" means a significant threat or danger to health that is considered to exist when there is enough evidence to show that a product, a practice, a circumstance, or an event creates a situation that requires immediately correcting or ending operations to prevent injury or illness based on the:

(1) number of potential injuries or illnesses; and

(2) nature, severity, and duration of the anticipated injury or illness.

(Indiana Department of Health; 410 IAC 7-26-60; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA)

410 IAC 7-26-61 410 IAC 7-26-61 "Injected" defined

410 IAC 7-26-61 "Injected" defined

Authority: IC 16-42-5-5

Affected: IC 16-42-5

Sec. 61. "Injected" means manipulating meat to which a solution has been introduced into its interior by processes referred to as injecting, pump marinating, or stitch pumping. (Indiana Department of Health; 410 IAC 7-26-61; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA)

410 IAC 7-26-62 410 IAC 7-26-62 "In-shell product" defined

410 IAC 7-26-62 "In-shell product" defined

Authority: IC 16-42-5-5

Affected: IC 16-42-5

Sec. 62. "In-shell product" means nonliving, processed shellfish with one (1) or both shells present. (Indiana Department of Health; 410 IAC 7-26-62; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA)

410 IAC 7-26-63 410 IAC 7-26-63 "Intact meat" defined

410 IAC 7-26-63 "Intact meat" defined

Authority: IC 16-42-5-5

Affected: IC 16-42-5

Sec. 63. "Intact meat" means a cut of whole muscle that has not undergone:

(1) comminution;

(2) mechanical tenderization;

(3) vacuum tumbling with solutions;

(4) reconstruction;

(5) cubing; or

(6) pounding.

(Indiana Department of Health; 410 IAC 7-26-63; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA)

410 IAC 7-26-64 410 IAC 7-26-64 "Juice" defined

410 IAC 7-26-64 "Juice" defined

Authority: IC 16-42-5-5

Affected: IC 16-42-5

Sec. 64. (a) "Juice" means the aqueous liquid expressed or extracted from:

(1) at least one (1) fruit or vegetable;

(2) purées of the edible portions of at least one (1) fruit or vegetable; or

(3) a concentrate of a liquid or purée.

(b) The term does not include, for purposes of HACCP, liquids, purées, or concentrates not used as beverages or ingredients of beverages. (Indiana Department of Health; 410 IAC 7-26-64; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA)

410 IAC 7-26-65 410 IAC 7-26-65 "Kitchenware" defined

410 IAC 7-26-65 "Kitchenware" defined

Authority: IC 16-42-5-5

Affected: IC 16-42-5

Sec. 65. "Kitchenware" means food preparation and storage utensils. (Indiana Department of Health; 410 IAC 7-26-65; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA)

410 IAC 7-26-66 410 IAC 7-26-66 "Law" defined

410 IAC 7-26-66 "Law" defined

Authority: IC 16-42-5-5

Affected: IC 16-42-5

Sec. 66. "Law" means applicable state and federal statutes and regulations and local ordinances. (Indiana Department of Health; 410 IAC 7-26-66; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA)

410 IAC 7-26-67 410 IAC 7-26-67 "Linens" defined

410 IAC 7-26-67 "Linens" defined

Authority: IC 16-42-5-5

Affected: IC 16-42-5

Sec. 67. "Linens" means fabric items, such as the following:

(1) Cloth hampers.

(2) Cloth napkins.

(3) Table cloths.

(4) Wiping cloths.

(5) Work garments, including cloth gloves.

(Indiana Department of Health; 410 IAC 7-26-67; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA)

410 IAC 7-26-68 410 IAC 7-26-68 "Leafy greens" defined

410 IAC 7-26-68 "Leafy greens" defined

Authority: IC 16-42-5-5

Affected: IC 16-42-5

Sec. 68. (a) "Leafy greens" includes the following:

(1) Iceberg lettuce.

(2) Romaine lettuce.

(3) Leaf lettuce.

(4) Butter lettuce.

(5) Baby leaf lettuce (e.g., immature lettuce or microgreens).

(6) Escarole.

(7) Endive.

(8) Spring mix.

(9) Spinach.

(10) Cabbage.

(11) Kale.

(12) Arugula.

(13) Chard.

(b) The term does not include herbs, such as cilantro or parsley. (Indiana Department of Health; 410 IAC 7-26-68; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA)

410 IAC 7-26-69 410 IAC 7-26-69 "Major food allergen" defined

410 IAC 7-26-69 "Major food allergen" defined

Authority: IC 16-42-5-5

Affected: IC 16-42-5

Sec. 69. (a) "Major food allergen" includes the following:

(1) Milk.

(2) Eggs.

(3) Fish, such as bass, flounder, or cod.

(4) Crustacean shellfish, such as crab, lobster, or shrimp.

(5) Tree nuts, such as almonds, pecans, or walnuts.

(6) Wheat.

(7) Peanuts.

(8) Soybeans.

(9) Sesame.

(10) A food ingredient that contains protein derived from the foods listed in subdivisions (1) through (9).

(b) The term does not include:

(1) highly refined oil derived from a food specified in subdivision (a)(1) through (a)(9) [subsection (a)(1) through (a)(9)] or an ingredient derived from the highly refined oil; or

(2) an ingredient that is exempt under the petition or notification process specified in the Food Allergen Labeling and Consumer Protection Act of 2004 (Public Law 108-282).

(Indiana Department of Health; 410 IAC 7-26-69; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA)

410 IAC 7-26-70 410 IAC 7-26-70 "Meat" defined

410 IAC 7-26-70 "Meat" defined

Authority: IC 16-42-5-5

Affected: IC 16-42-5

Sec. 70. (a) "Meat" means the part of the muscle of any livestock that is skeletal or found in the tongue, diaphragm, heart, or esophagus, with or without the accompanying and overlying fat, and the portions of bone, skin, sinew, nerve, and blood vessels that:

(1) normally accompany the muscle tissue; and

(2) are not separated from it in the process of dressing.

(b) The term includes flesh of animals used as food, including the dressed flesh of:

(1) cattle;

(2) swine;

(3) sheep;

(4) goats;

(5) farm raised cervidae;

(6) bison;

(7) ratites; or

(8) other edible animals, except fish, poultry, and game animals, as defined in section 161 of this rule.

(c) The term does not include products that:

(1) contain meat or other parts of a carcass only in a relatively small proportion; or

(2) historically have not been considered by consumers as products of the meat food industry, and are exempted from the definition as a meat food product by the state veterinarian under conditions the state veterinarian prescribes to ensure the meat or other parts of the carcass contained in the product are not:

(A) adulterated; or

(B) represented as meat food products.

(Indiana Department of Health; 410 IAC 7-26-71; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA)

410 IAC 7-26-71 410 IAC 7-26-71 "Mechanically tenderized meat" defined

410 IAC 7-26-71 "Mechanically tenderized meat" defined

Authority: IC 16-42-5-5

Affected: IC 16-42-5

Sec. 71. (a) "Mechanically tenderized meat" means manipulating meat by piercing with a set of:

(1) needles;

(2) pins;

(3) blades; or

(4) any mechanical device;

which breaks up muscle fiber and tough connective tissue, to increase tenderness.

(b) The term includes:

(1) injection;

(2) scoring; and

(3) processes that may be referred to as:

(A) blade tenderizing;

(B) jaccarding;

(C) pinning; or

(D) needling.

(Indiana Department of Health; 410 IAC 7-26-70; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA)

410 IAC 7-26-72 410 IAC 7-26-72 "mg/L" defined

410 IAC 7-26-72 "mg/L" defined

Authority: IC 16-42-5-5

Affected: IC 16-42-5

Sec. 72. "mg/L" means milligrams per liter, which is the metric equivalent of parts per million. (Indiana Department of Health; 410 IAC 7-26-72; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA)

410 IAC 7-26-73 410 IAC 7-26-73 "Micro market" defined

410 IAC 7-26-73 "Micro market" defined

Authority: IC 16-42-5-5

Affected: IC 16-42-5-32

Sec. 73. "Micro market" has the meaning set forth in IC 16-42-5-32. (Indiana Department of Health; 410 IAC 7-26-73; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA)

410 IAC 7-26-74 410 IAC 7-26-74 "Misbranded" defined

410 IAC 7-26-74 "Misbranded" defined

Authority: IC 16-42-5-5

Affected: IC 16-42-1; IC 16-42-2; IC 16-42-5

Sec. 74. "Misbranded" has the meaning set forth in IC 16-42-1, IC 16-42-2, and 410 IAC 7-5. (Indiana Department of Health; 410 IAC 7-26-74; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA)

410 IAC 7-26-75 410 IAC 7-26-75 "Mobile retail food establishment" defined

410 IAC 7-26-75 "Mobile retail food establishment" defined

Authority: IC 16-42-5-5

Affected: IC 16-42-5.1-2

Sec. 75. "Mobile retail food establishment" has the meaning set forth in IC 16-42-5.1-2. (Indiana Department of Health; 410 IAC 7-26-75; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA)

410 IAC 7-26-76 410 IAC 7-26-76 "Molluscan shellfish" defined

410 IAC 7-26-76 "Molluscan shellfish" defined

Authority: IC 16-42-5-5

Affected: IC 16-42-5

Sec. 76. (a) "Molluscan shellfish" means any edible species of fresh or frozen:

(1) oysters;

(2) clams;

(3) mussels; or

(4) scallops;

or edible portions thereof, except when the scallop product consists only of the shucked adductor muscle.

(b) The term includes shellstock, shucked shellfish, and in-shell products. (Indiana Department of Health; 410 IAC 7-26-76; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA)

410 IAC 7-26-77 410 IAC 7-26-77 "Noncontinuous cooking" defined

410 IAC 7-26-77 "Noncontinuous cooking" defined

Authority: IC 16-42-5-5

Affected: IC 16-42-5

Sec. 77. (a) "Noncontinuous cooking" means the cooking of food in a retail food establishment using a process in which the initial heating of food is intentionally halted so that it may be cooled and held for complete cooking at a later time before sale or service.

(b) The term does not include cooking procedures that only involve temporarily interrupting or slowing an otherwise continuous cooking process. (Indiana Department of Health; 410 IAC 7-26-77; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA)

410 IAC 7-26-78 410 IAC 7-26-78 "Outdoor food operation" defined

410 IAC 7-26-78 "Outdoor food operation" defined

Authority: IC 16-42-5-5

Affected: IC 16-42-5

Sec. 78. (a) "Outdoor food operation" means a permanently installed or portable extension of a retail food establishment that operates for the purpose of storing, preparing, serving, packaging, or otherwise handling of food.

(b) The term includes any of the following:

(1) Barbeque pits, smokers, or grills on the premise of the permitted retail food establishment.

(2) Food service sites or kiosks in amusement parks, theme parks, zoos, outdoor exhibitions, or athletic facilities.

(3) Use of garage doors that open on any of the walls of a permanent structure.

(4) A movable cooking operation that is conducted on equipment suitably designed and maintained for use outdoors and operated in conjunction with a permanent retail food establishment.

(c) The term does not include:

(1) a temporary food establishment;

(2) a mobile food establishment; or

(3) a retail food establishment when:

(A) the only food handling activity is serving food per an individual order from an enclosed indoor facility; or

(B) outdoor equipment that consists only of enclosed, secured storage units, such as a walk-in cooler.

(Indiana Department of Health; 410 IAC 7-26-78; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA)

410 IAC 7-26-79 410 IAC 7-26-79 "Packaged" defined

410 IAC 7-26-79 "Packaged" defined

Authority: IC 16-42-5-5

Affected: IC 16-42-5

Sec. 79. (a) "Packaged" means:

(1) bottled;

(2) canned;

(3) cartoned;

(4) bagged; or

(5) wrapped;

whether packaged in a retail food establishment or food processing plant.

(b) The term does not include wrapped or placed in a carry-out container to protect the food during service or delivery to the consumer, by a food employee, on consumer request. (Indiana Department of Health; 410 IAC 7-26-79; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA)

410 IAC 7-26-80 410 IAC 7-26-80 "Person" defined

410 IAC 7-26-80 "Person" defined

Authority: IC 16-42-5-5

Affected: IC 16-18-2-274; IC 16-42-5

Sec. 80. "Person" has the meaning set forth in IC 16-18-2-274. (Indiana Department of Health; 410 IAC 7-26-80; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA)

410 IAC 7-26-81 410 IAC 7-26-81 "Person in charge" defined

410 IAC 7-26-81 "Person in charge" defined

Authority: IC 16-42-5-5

Affected: IC 16-42-5

Sec. 81. "Person in charge" means the individual present at a retail food establishment who is responsible for the operation at the time of inspection. (Indiana Department of Health; 410 IAC 7-26-81; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA)

410 IAC 7-26-82 410 IAC 7-26-82 "Personal care items" defined

410 IAC 7-26-82 "Personal care items" defined

Authority: IC 16-42-5-5

Affected: IC 16-42-5

Sec. 82. (a) "Personal care items" means items or substances that may be poisonous, toxic, or a source of contamination and are used to maintain or enhance a person's health, hygiene, or appearance.

(b) The term includes the following items:

(1) Medicines.

(2) First aid supplies.

(3) Cosmetics.

(4) Toiletries, such as toothpaste and mouthwash.

(Indiana Department of Health; 410 IAC 7-26-82; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA)

410 IAC 7-26-83 410 IAC 7-26-83 "pH" defined

410 IAC 7-26-83 "pH" defined

Authority: IC 16-42-5-5

Affected: IC 16-42-5

Sec. 83. "pH" means the symbol for the negative logarithm of the hydrogen ion concentration, which is a measure of the degree of acidity or alkalinity of a solution. Values between zero (0) and seven (7) indicate acidity, and values between seven (7) and fourteen (14) indicate alkalinity. The value for pure distilled water is seven (7), which is considered neutral. (Indiana Department of Health; 410 IAC 7-26-83; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA)

410 IAC 7-26-84 410 IAC 7-26-84 "Physical facilities" defined

410 IAC 7-26-84 "Physical facilities" defined

Authority: IC 16-42-5-5

Affected: IC 16-42-5

Sec. 84. "Physical facilities" means the structure and interior surfaces of a retail food establishment, including floors, walls, ceilings, and accessories, such as the following:

(1) Soap and towel dispensers.

(2) Attachments, such as the following:

(A) Light fixtures.

(B) Heating or air conditioning system vents.

(Indiana Department of Health; 410 IAC 7-26-84; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA)

410 IAC 7-26-85 410 IAC 7-26-85 "Plumbing fixture" defined

410 IAC 7-26-85 "Plumbing fixture" defined

Authority: IC 16-42-5-5

Affected: IC 16-42-5

Sec. 85. "Plumbing fixture" means a receptacle or device that:

(1) is permanently or temporarily connected to the water distribution system of the premises and demands a supply of water from the system; or

(2) discharges used water, waste materials, or sewage directly or indirectly to the drainage system of the premises.

(Indiana Department of Health; 410 IAC 7-26-85; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA)

410 IAC 7-26-86 410 IAC 7-26-86 "Plumbing system" defined

410 IAC 7-26-86 "Plumbing system" defined

Authority: IC 16-42-5-5

Affected: IC 16-42-5

Sec. 86. "Plumbing system" means the following:

(1) The water supply and distribution pipes.

(2) Plumbing fixtures and traps.

(3) Soil, waste, and vent pipes.

(4) Water-treating equipment.

(5) Sanitary and storm sewers and building drains, including their respective:

(A) connections;

(B) devices; and

(C) appurtenances;

within the premises. (Indiana Department of Health; 410 IAC 7-26-86; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA)

410 IAC 7-26-87 410 IAC 7-26-87 "Poisonous or toxic materials" defined

410 IAC 7-26-87 "Poisonous or toxic materials" defined

Authority: IC 16-42-5-5

Affected: IC 16-42-5

Sec. 87. "Poisonous or toxic materials" means substances not intended for ingestion and are included in five (5) categories, as follows:

(1) Cleaners and sanitizers, which include cleaning and sanitizing agents, and agents such as the following:

(A) Caustics.

(B) Acids.

(C) Drying agents.

(D) Polishes.

(E) Other chemicals.

(2) Pesticides, except sanitizers, which include substances such as insecticides and rodenticides.

(3) Substances necessary for the operation and maintenance of the establishment, such as non-food grade lubricants and personal care items that may be deleterious to health.

(4) Substances that are not necessary for the operation and maintenance of the establishment and are on the premises for retail sale, such as petroleum products and paints.

(5) Restricted use pesticide.

(Indiana Department of Health; 410 IAC 7-26-87; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA)

410 IAC 7-26-88 410 IAC 7-26-88 "Poultry" defined

410 IAC 7-26-88 "Poultry" defined

Authority: IC 16-42-5-5

Affected: IC 15-17-5; IC 16-42-5

Sec. 88. "Poultry" means the following:

(1) Chickens.

(2) Turkeys.

(3) Ducks.

(4) Geese.

(5) Guineas.

(6) Ratites.

(7) Squab.

(8) Any other amenable avian species regulated under IC 15-17-5.

(Indiana Department of Health; 410 IAC 7-26-88; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA)

410 IAC 7-26-89 410 IAC 7-26-89 "ppm" defined

410 IAC 7-26-89 "ppm" defined

Authority: IC 16-42-5-5

Affected: IC 16-42-5

Sec. 89. "ppm" means parts per million, which is equivalent to milligrams per liter (mg/L). (Indiana Department of Health; 410 IAC 7-26-89; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA)

410 IAC 7-26-90 410 IAC 7-26-90 "Premises" defined

410 IAC 7-26-90 "Premises" defined

Authority: IC 16-42-5-5

Affected: IC 16-42-5

Sec. 90. "Premises" means the physical facility, its contents, and the:

(1) contiguous land or property under the control of the retail food establishment; or

(2) land or property not described under subdivision (1) if its facilities and contents are under the control of the owner or operator of the retail food establishment and may impact personnel, facilities, or operations, if a retail food establishment is only one (1) component of a larger operation, such as a:

(A) health care facility;

(B) hotel;

(C) motel;

(D) institution;

(E) school;

(F) recreational camp; or

(G) prison.

(Indiana Department of Health; 410 IAC 7-26-90; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA)

410 IAC 7-26-91 410 IAC 7-26-91 "Primal cut" defined

410 IAC 7-26-91 "Primal cut" defined

Authority: IC 16-42-5-5

Affected: IC 16-42-5

Sec. 91. "Primal cut" means a basic major cut into which carcasses and sides of meat are separated, such as a:

(1) beef round;

(2) pork loin;

(3) lamb flank; or

(4) veal breast.

(Indiana Department of Health; 410 IAC 7-26-91; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA)

410 IAC 7-26-92 410 IAC 7-26-92 "Priority item" or "P item" defined

410 IAC 7-26-92 "Priority item" or "P item" defined

Authority: IC 16-42-5-5

Affected: IC 16-42-5

Sec. 92. (a) "Priority item" means a provision in this rule whose application of which contributes directly to the elimination, prevention, or reduction to an acceptable level of hazards associated with foodborne illness or injury and there is no other provision that more directly controls the hazard.

(b) The term includes items with a quantifiable measure to show control of hazards such as cooking, reheating, cooling, and handwashing.

(c) The term is an item that is denoted in this rule with the notation of "P". (Indiana Department of Health; 410 IAC 7-26-92; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA)

410 IAC 7-26-93 410 IAC 7-26-93 "Priority foundation item" or "PF item" defined

410 IAC 7-26-93 "Priority foundation item" or "PF item" defined

Authority: IC 16-42-5-5

Affected: IC 16-42-5

Sec. 93. (a) "Priority foundation item" means a provision in this rule whose application supports, facilitates, or enables at least one (1) priority item.

(b) The term includes an item that requires the purposeful incorporation of specific actions, equipment, or procedures by industry management to attain control of risk factors that contribute to foodborne illness or injury, such as personnel training, infrastructure or necessary equipment, HACCP plans, documentation or record keeping, and labeling.

(c) The term is an item that is denoted in this code with the notation of "PF". (Indiana Department of Health; 410 IAC 7-26-93; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA)

410 IAC 7-26-94 410 IAC 7-26-94 "Public water system" defined

410 IAC 7-26-94 "Public water system" defined

Authority: IC 16-42-5-5

Affected: IC 16-42-5

Sec. 94. "Public water system" has the meaning set forth in 327 IAC 8. (Indiana Department of Health; 410 IAC 7-26-94; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA)

410 IAC 7-26-95 410 IAC 7-26-95 "Ratite" defined

410 IAC 7-26-95 "Ratite" defined

Authority: IC 16-42-5-5

Affected: IC 16-42-5

Sec. 95. "Ratite" means a domesticated large flightless bird, such as an emu, an ostrich, or a rhea. (Indiana Department of Health; 410 IAC 7-26-95; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA)

410 IAC 7-26-96 410 IAC 7-26-96 "Ready-to-eat food" defined

410 IAC 7-26-96 "Ready-to-eat food" defined

Authority: IC 16-42-5-5

Affected: IC 16-42-5

Sec. 96. (a) "Ready-to-eat food" means food that:

(1) is in a form that is edible without additional preparation to achieve food safety, as specified under section 198(a) through 198(c) of this rule, section 199 of this rule, or section 203 of this rule, including food that may receive additional preparation for palatability or aesthetic, epicurean, gastronomic, or culinary purposes;

(2) is a raw or partially cooked animal food and the consumer is advised as specified in section 198(d) of this rule; or

(3) is prepared in accordance with a variance that is granted as specified in section 198(d) of this rule.

(b) The term includes, but is not limited to, the following:

(1) Raw animal food that is cooked as specified under sections [sic, section] 198 or 199 of this rule, or frozen as specified under section 203 of this rule.

(2) Raw fruits and vegetables that are washed as specified under section 179 of this rule.

(3) Plant foods that are cooked for hot holding, as specified under section 200 of this rule.

(4) TCS food that is cooked to the temperature and time required for the specific food under sections 198 through 201 of this rule, and cooled as specified in section 211 of this rule.

(5) Plant food for which further washing, cooking, or other processing is not required for food safety and from which:

(A) rinds;

(B) peels;

(C) husks; or

(D) shells;

if naturally present, are removed.

(6) Substances derived from plants, such as:

(A) spices;

(B) seasonings; or

(C) sugar.

(7) Bakery items, such as:

(A) bread;

(B) cakes;

(C) pies;

(D) fillings; or

(E) icing;

for which further cooking is not required for food safety.

(8) The following products produced in accordance with USDA guidelines and have received a lethality treatment for pathogens:

(A) Dry, fermented sausages, such as dry salami or pepperoni.

(B) Salt-cured meat and poultry products, such as prosciutto ham, country cured ham, and Parma ham.

(C) Dried meat and poultry products, such as jerky or beef sticks.

(9) Foods manufactured according to 21 CFR 113.

(c) The term does not include the following:

(1) Commercially packaged food that bears a manufacturer's cooking instructions.

(2) Food for which the manufacturer has provided information that it has not been processed to control pathogens.

(Indiana Department of Health; 410 IAC 7-26-96; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA)

410 IAC 7-26-97 410 IAC 7-26-97 "Reduced oxygen packaging" defined

410 IAC 7-26-97 "Reduced oxygen packaging" defined

Authority: IC 16-42-5-5

Affected: IC 16-42-5

Sec. 97. (a) "Reduced oxygen packaging" means:

(1) the reduction of the amount of oxygen in a package by:

(A) removing oxygen;

(B) displacing oxygen and replacing it with another gas or combination of gases; or

(C) otherwise controlling the oxygen content to a level below that normally found in the atmosphere (approximately twenty-one percent (21%) at sea level); and

(2) a process as specified in subdivision (1) that involves a food for which the hazards Clostridium botulinum or Listeria monocytogenes require control in the final packaged form.

(b) The term includes any of the following:

(1) Vacuum packaging, in which air is removed from a package of food and the package is hermetically sealed so that a vacuum remains inside the package.

(2) Modified atmosphere packaging, in which the atmosphere of a package of food is modified so that its composition is different from air, but the atmosphere may change over time due to the permeability of the packaging material or the respiration of the food. Modified atmosphere packaging includes:

(A) reduction in the proportion of oxygen;

(B) total replacement of oxygen; or

(C) an increase in the proportion of other gases, such as carbon dioxide or nitrogen.

(3) Controlled atmosphere packaging, in which the atmosphere of a package of food is modified so that until the package is opened, its composition is different from air, and continuous control of that atmosphere is maintained, such as by using oxygen scavengers, or a combination of total replacement of oxygen, nonrespiring food, and impermeable packaging material.

(4) Cook chill packaging, in which cooked food is hot filled into impermeable bags that are then sealed or crimped closed. The bagged food is rapidly chilled and refrigerated at temperatures that inhibit the growth of psychrotrophic pathogens.

(5) Sous vide packaging, in which raw or partially cooked food is vacuum packaged in an impermeable bag, cooked in the bag, rapidly chilled, and refrigerated at temperatures that inhibit the growth of psychrotrophic pathogens.

(Indiana Department of Health; 410 IAC 7-26-97; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA)

410 IAC 7-26-98 410 IAC 7-26-98 "Refuse" defined

410 IAC 7-26-98 "Refuse" defined

Authority: IC 16-42-5-5

Affected: IC 16-42-5

Sec. 98. "Refuse" means solid waste not carried by water through the sewage system. (Indiana Department of Health; 410 IAC 7-26-98; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA)

410 IAC 7-26-99 410 IAC 7-26-99 "Regulatory authority" defined

410 IAC 7-26-99 "Regulatory authority" defined

Authority: IC 16-42-5-5

Affected: IC 16-42-5

Sec. 99. "Regulatory authority" means the local, state, or federal enforcement body or authorized representative having jurisdiction over a retail food establishment. (Indiana Department of Health; 410 IAC 7-26-99; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA)

410 IAC 7-26-100 410 IAC 7-26-100 "Reminder" defined

410 IAC 7-26-100 "Reminder" defined

Authority: IC 16-42-5-5

Affected: IC 16-42-5

Sec. 100. "Reminder" means a written statement concerning the health risk of consuming animal foods raw, undercooked, or without otherwise being processed to eliminate pathogens. (Indiana Department of Health; 410 IAC 7-26-100; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA)

410 IAC 7-26-101 410 IAC 7-26-101 "Re-service" defined

410 IAC 7-26-101 "Re-service" defined

Authority: IC 16-42-5-5

Affected: IC 16-42-5

Sec. 101. "Re-service" means the transfer of food that is unused and returned by a consumer, after being served or sold and in the possession of the consumer, to another person. (Indiana Department of Health; 410 IAC 7-26-101; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA)

410 IAC 7-26-102 410 IAC 7-26-102 "Restrict" defined

410 IAC 7-26-102 "Restrict" defined

Authority: IC 16-42-5-5

Affected: IC 16-42-5

Sec. 102. "Restrict" means to limit the activities of a food employee so that there is no risk of transmitting a disease that is transmissible through food, and the food employee does not work with:

(1) exposed food;

(2) clean equipment, utensils, or linens; or

(3) unwrapped single-service or single-use articles.

(Indiana Department of Health; 410 IAC 7-26-102; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA)

410 IAC 7-26-103 410 IAC 7-26-103 "Restricted egg" defined

410 IAC 7-26-103 "Restricted egg" defined

Authority: IC 16-42-5-5

Affected: IC 16-42-5

Sec. 103. "Restricted egg" has the meaning set forth in 370 IAC 1-3-4. (Indiana Department of Health; 410 IAC 7-26-103; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA)

410 IAC 7-26-104 410 IAC 7-26-104 "Restricted use pesticide" defined

410 IAC 7-26-104 "Restricted use pesticide" defined

Authority: IC 16-42-5-5

Affected: IC 15-16-4-37; IC 16-42-5

Sec. 104. "Restricted use pesticide" means [sic, has] the meaning set forth in IC 15-16-4-373 [sic, IC 15-16-4-37] . (Indiana Department of Health; 410 IAC 7-26-104; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA)

410 IAC 7-26-105 410 IAC 7-26-105 "Retail food establishment" defined

410 IAC 7-26-105 "Retail food establishment" defined

Authority: IC 16-42-5-5

Affected: IC 7.1-3-2-7; IC 7.1-3-12-5; IC 12-10-15; IC 12-13-5; IC 16-18-2-161; IC 16-18-2-167; IC 16-25-3; IC 16-41-31; IC 16-42-5-30; IC 16-42-5.3

Sec. 105. (a) "Retail food establishment" means any building, room, basement, or vehicle of transport that does the following:

(1) Stores, prepares, packages, repackages, serves, or vends food directly to the consumer, or otherwise provides food for human consumption, such as:

(A) a restaurant;

(B) a catering operation, if the operation provides food directly to a consumer;

(C) a conveyance used to transport people;

(D) a market, including, but not limited to:

(i) a grocery store;

(ii) a convenience store;

(iii) a micro market; or

(iv) a vending location;

(E) a mobile retail food establishment;

(F) an institution and its satellite or catered feeding location, such as:

(i) hospice services under IC 16-25-3;

(ii) a health care facility as defined in IC 16-18-2-161;

(iii) a health facility as defined in IC 16-18-2-167;

(iv) a child care facility operated under IC 12-13-5 and 470 IAC 3;

(v) a housing with services facility operating under IC 12-10-15;

(vi) a correctional facility; or

(vii) an educational facility; or

(G) a food bank.

(2) Relinquishes possession of food to a consumer directly, or indirectly through a delivery service, such as home delivery of grocery orders or restaurant takeout orders, or delivery service provided by common carriers.

(b) The term includes the following:

(1) An element of a retail food establishment, such as:

(A) a transportation vehicle operated by a food employee;

(B) a central preparation facility that supplies a vending location, mobile retail food establishment, or satellite feeding location unless the vending or feeding location is separately permitted by the regulatory authority; or

(C) an outdoor food operation.

(2) An operation that is conducted in:

(A) a mobile;

(B) a stationary;

(C) a temporary;

(D) a permanent;

(E) an indoor; or

(F) an outdoor;

facility or location, where consumption is on or off the premises and regardless of whether there is a charge for the food.

(c) The term does not include the following:

(1) An establishment that offers only prepackaged foods that are not TCS.

(2) A person who offers only whole, uncut produce.

(3) A food processing plant.

(4) A bed and breakfast establishment operated under IC 16-41-31 and 410 IAC 7-15.5.

(5) A private home, whether or not it receives catered or home delivered food.

(6) A dwelling where food is prepared on the premises by the occupants, free of charge, for their consumption or for consumption by their guests.

(7) A gathering of individuals at a venue of an organization that is organized for educational purposes in a nonpublic educational setting or for religious purposes, if:

(A) the individuals separately or jointly provide or prepare, free of charge, and consume their own food or that of others attending the gathering; and

(B) the gathering is for a purpose of the organization, including:

(i) funerals;

(ii) wedding receptions;

(iii) christenings;

(iv) bar or bat mitzvahs;

(v) baptisms;

(vi) communions; and

(vii) other events or celebrations sponsored by the organization.

(8) A vehicle used to:

(A) transport food solely for distribution to the needy, either free of charge or for a nominal donation; or

(B) deliver only food described in IC 16-42-5.3.

(9) A vehicle not operated by a food employee that is used to:

(A) deliver non-TCS food;

(B) deliver TCS food directly from the retail food establishment into the possession or control of the consumer within two (2) hours of the time the food leaves temperature control; or

(C) deliver TCS food into the possession or control of the consumer in a sealed package that allows the consumer to determine the package has been tampered with and is in a temperature self-controlled container.

(10) A private gathering of individuals who separately or jointly provide or prepare and consume their own food or that of others attending the gathering, regardless of whether the gathering is held on public or private property.

(11) Except for food prepared by a for-profit entity, a venue of the sale of food prepared for the organization:

(A) that is organized for:

(i) religious purposes; or

(ii) educational purposes in a nonpublic educational setting;

(B) that is exempt from taxation under Section 501 of the Internal Revenue Code; and

(C) that offers the food for sale to the final consumer at an event held for the benefit of the organization;

unless the food is being provided in a restaurant or a cafeteria with an extensive menu of prepared foods.

(12) Except for food prepared by a for-profit entity, an Indiana nonprofit organization that:

(A) is organized for civic, fraternal, veterans, or charitable purposes;

(B) is exempt from taxation under Section 501 of the Internal Revenue Code; and

(C) offers food for sale to the final consumer at an event held for the benefit of the organization;

if the events conducted by the organization take place for not more than fifteen (15) days in a calendar year.

(13) A person that:

(A) is a home based vendor or an individual vendor that sells food products that meet the requirements of IC 16-42-5.3; or

(B) is the holder of a farm winery permit under IC 7.1-3-12-5 or a brewer's permit under IC 7.1-3-2-7(5) if the requirements of IC 16-42-5-30 are met.

(Indiana Department of Health; 410 IAC 7-26-105; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA)

410 IAC 7-26-106 410 IAC 7-26-106 "Risk" defined

410 IAC 7-26-106 "Risk" defined

Authority: IC 16-42-5-5

Affected: IC 16-42-5

Sec. 106. "Risk" means the likelihood that an adverse health effect will occur within a population as a result of a hazard in food. (Indiana Department of Health; 410 IAC 7-26-106; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA)

410 IAC 7-26-107 410 IAC 7-26-107 "Safe material" defined

410 IAC 7-26-107 "Safe material" defined

Authority: IC 16-42-5-5

Affected: IC 16-42-5

Sec. 107. "Safe material" means:

(1) an article manufactured from or composed of materials that may not reasonably be expected to result, directly or indirectly, in their becoming a component or otherwise affecting the characteristics of any food;

(2) an additive that is used as specified in 21 U.S.C. 350i; or

(3) other materials that are not food or color additives and are used in conformity with applicable regulations of the FDA.

(Indiana Department of Health; 410 IAC 7-26-107; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA)

410 IAC 7-26-108 410 IAC 7-26-108 "Sanitization" defined

410 IAC 7-26-108 "Sanitization" defined

Authority: IC 16-42-5-5

Affected: IC 16-42-5

Sec. 108. "Sanitization" means the application of cumulative heat or chemicals on cleaned food contact surfaces that, when evaluated for efficacy, is sufficient to yield a reduction of five (5) logs, which is equal to a ninety-nine and nine hundred ninety-nine thousandths percent (99.999%) reduction of representative disease microorganisms of public health importance. (Indiana Department of Health; 410 IAC 7-26-108; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA)

410 IAC 7-26-109 410 IAC 7-26-109 "Sealed" defined

410 IAC 7-26-109 "Sealed" defined

Authority: IC 16-42-5-5

Affected: IC 16-42-5

Sec. 109. "Sealed" means free of cracks or other openings that allow the entry or passage of moisture. (Indiana Department of Health; 410 IAC 7-26-109; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA)

410 IAC 7-26-110 410 IAC 7-26-110 "Service animal" defined

410 IAC 7-26-110 "Service animal" defined

Authority: IC 16-42-5-5

Affected: IC 16-32-3-1.5; IC 16-42-5

Sec. 110. "Service animal" has the meaning set forth in IC 16-32-3-1.5. (Indiana Department of Health; 410 IAC 7-26-110; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA)

410 IAC 7-26-111 410 IAC 7-26-111 "Servicing area" defined

410 IAC 7-26-111 "Servicing area" defined

Authority: IC 16-42-5-5

Affected: IC 16-42-5

Sec. 111. (a) "Servicing area" means an operating base location to which an element of a retail food establishment, such as a mobile retail food establishment or transportation vehicle, returns regularly for support functions, such as the following:

(1) Vehicle and equipment cleaning.

(2) Discharging liquid or solid wastes.

(3) Refilling water tanks and ice bins.

(4) Boarding food.

(b) Except as specified in subsection (a), food preparation is not allowed in servicing area unless it is a registered commissary. (Indiana Department of Health; 410 IAC 7-26-111; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA)

410 IAC 7-26-112 410 IAC 7-26-112 "Sewage" defined

410 IAC 7-26-112 "Sewage" defined

Authority: IC 16-42-5-5

Affected: IC 16-42-5

Sec. 112. "Sewage" means liquid waste containing animal or vegetable matter in suspension or solution and may include liquids containing chemicals in solution. (Indiana Department of Health; 410 IAC 7-26-112; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA)

410 IAC 7-26-113 410 IAC 7-26-113 "Shellfish control authority" defined

410 IAC 7-26-113 "Shellfish control authority" defined

Authority: IC 16-42-5-5

Affected: IC 16-42-5

Sec. 113. "Shellfish control authority" means a state, federal, foreign, tribal, or other government entity legally responsible for administering a program that includes certification of molluscan shellfish harvesters and dealers for interstate commerce. (Indiana Department of Health; 410 IAC 7-26-113; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA)

410 IAC 7-26-114 410 IAC 7-26-114 "Shellstock" defined

410 IAC 7-26-114 "Shellstock" defined

Authority: IC 16-42-5-5

Affected: IC 16-42-5

Sec. 114. "Shellstock" means live molluscan shellfish in the shell. (Indiana Department of Health; 410 IAC 7-26-114; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA)

410 IAC 7-26-115 410 IAC 7-26-115 "Shiga toxin-producing Escherichia coli" or "STEC" defined

410 IAC 7-26-115 "Shiga toxin-producing Escherichia coli" or "STEC" defined

Authority: IC 16-42-5-5

Affected: IC 16-42-5

Sec. 115. (a) "Shiga toxin-producing Escherichia coli" or "STEC" means any Escherichia coli capable of producing Shiga toxins, also called verocytotoxins.

(b) The term includes STEC infections that can be asymptomatic or may result in a spectrum of illness ranging from mild nonbloody diarrhea, to hemorrhagic colitis (i.e., bloody diarrhea), to hemolytic uremic syndrome, which is a type of kidney failure.

(c) Examples of serotypes of STEC include:

(1) E. coli O157:H7;

(2) E. coli O157:NM;

(3) E. coli O26:H11;

(4) E. coli O145:NM;

(5) E. coli O103:H2; and

(6) E. coli O111:NM.

(d) The term is sometimes referred to as VTEC (verocytotoxigenic E. coli) or EHEC (Enterohemorrhagic E. coli). EHEC are a subset of STEC that can cause hemorrhagic colitis or hemolytic uremic syndrome. (Indiana Department of Health; 410 IAC 7-26-115; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA)

410 IAC 7-26-116 410 IAC 7-26-116 "Shucked shellfish" defined

410 IAC 7-26-116 "Shucked shellfish" defined

Authority: IC 16-42-5-5

Affected: IC 16-42-5

Sec. 116. "Shucked shellfish" means molluscan shellfish that have both shells removed. (Indiana Department of Health; 410 IAC 7-26-116; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA)

410 IAC 7-26-117 410 IAC 7-26-117 "Single-service articles" defined

410 IAC 7-26-117 "Single-service articles" defined

Authority: IC 16-42-5-5

Affected: IC 16-42-5

Sec. 117. "Single-service articles" means tableware, carry-out utensils, and other items, such as:

(1) bags;

(2) containers;

(3) placemats;

(4) stirrers;

(5) straws;

(6) toothpicks;

(7) cup lids or covers, or both; and

(8) wrappers;

designed and constructed for one (1) time, one (1) person use after which they are intended for discard. (Indiana Department of Health; 410 IAC 7-26-117; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA)

410 IAC 7-26-118 410 IAC 7-26-118 "Single-use articles" defined

410 IAC 7-26-118 "Single-use articles" defined

Authority: IC 16-42-5-5

Affected: IC 16-42-5

Sec. 118. (a) "Single-use articles" means utensils and bulk food containers designed and constructed to be used once and discarded.

(b) The term includes items such as:

(1) wax paper;

(2) butcher paper;

(3) plastic wrap;

(4) formed aluminum food containers;

(5) jars;

(6) plastic tubs or buckets;

(7) bread wrappers;

(8) pickle barrels;

(9) ketchup bottles; and

(10) number ten (10) cans;

that do not meet the materials, durability, strength, and cleanability specifications under sections 226, 236, and 238 of this rule for multi-use utensils. (Indiana Department of Health; 410 IAC 7-26-118; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA)

410 IAC 7-26-119 410 IAC 7-26-119 "Slacking" defined

410 IAC 7-26-119 "Slacking" defined

Authority: IC 16-42-5-5

Affected: IC 16-42-5

Sec. 119. "Slacking" means the process of moderating the temperature of a food, such as allowing a food to gradually increase from a temperature of minus ten (-10) degrees Fahrenheit, minus twenty-three (-23) degrees Celsius, to twenty-five (25) degrees Fahrenheit, minus four (-4) degrees Celsius, in preparation for deep fat frying, or to facilitate even heat penetration during the cooking of previously frozen food, such as shrimp, frozen potatoes, or other vegetables. (Indiana Department of Health; 410 IAC 7-26-119; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA)

410 IAC 7-26-120 410 IAC 7-26-120 "Smooth" defined

410 IAC 7-26-120 "Smooth" defined

Authority: IC 16-42-5-5

Affected: IC 16-42-5

Sec. 120. "Smooth" means:

(1) a food contact surface having a surface free of pits and inclusions with a cleanability equal to or exceeding that of one hundred (100) grit number three (3) stainless steel;

(2) a non-food contact surface of equipment having a surface equal to that of commercial grade hot-rolled steel free of visible scale; and

(3) a floor, wall, or ceiling having an even or level surface with no roughness or projections that render it difficult to clean.

(Indiana Department of Health; 410 IAC 7-26-120; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA)

410 IAC 7-26-121 410 IAC 7-26-121 "Special process" defined

410 IAC 7-26-121 "Special process" defined

Authority: IC 16-42-5-5

Affected: IC 16-42-5

Sec. 121. "Special process" means any food preparation method, process, or procedure that requires:

(1) specific food safety controls that are different from the conventional preparation of TCS foods; or

(2) the use of specialized equipment where its design is normally used by a food processing plant;

when the final products are reasonably likely to cause food related illness or injury without preventive and systematic food safety hazard controls, such as product testing and an approved HACCP plan. (Indiana Department of Health; 410 IAC 7-26-121; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA)

410 IAC 7-26-122 410 IAC 7-26-122 "Tableware" defined

410 IAC 7-26-122 "Tableware" defined

Authority: IC 16-42-5-5

Affected: IC 16-42-5

Sec. 122. "Tableware" includes:

(1) eating, drinking, and serving utensils for table use;

(2) hollowware, including:

(A) bowls;

(B) cups;

(C) serving dishes; and

(D) tumblers; and

(3) plates.

(Indiana Department of Health; 410 IAC 7-26-122; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA)

410 IAC 7-26-123 410 IAC 7-26-123 "Temperature measuring device" defined

410 IAC 7-26-123 "Temperature measuring device" defined

Authority: IC 16-42-5-5

Affected: IC 16-42-5

Sec. 123. "Temperature measuring device" means:

(1) a thermometer;

(2) a thermocouple;

(3) a thermistor;

(4) a temperature sensitive tape; or

(5) any other device;

that indicates the temperature of food, air, or water. (Indiana Department of Health; 410 IAC 7-26-123; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA)

410 IAC 7-26-124 410 IAC 7-26-124 "Temporary food establishment" defined

410 IAC 7-26-124 "Temporary food establishment" defined

Authority: IC 16-42-5-5

Affected: IC 16-42-5

Sec. 124. "Temporary food establishment" means a retail food establishment that operates in conjunction with a single event or celebration:

(1) for a period of not more than fourteen (14) consecutive days; or

(2) while at the Indiana State Fair.

(Indiana Department of Health; 410 IAC 7-26-124; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA)

410 IAC 7-26-125 410 IAC 7-26-125 "Time/temperature control for safety food" or "TCS food" defined

410 IAC 7-26-125 "Time/temperature control for safety food" or "TCS food" defined

Authority: IC 16-42-5-5

Affected: IC 16-18-2-351.7; IC 16-42-5

Sec. 125. "Time/temperature control for safety food" or "TCS food" has the meaning set forth in IC 16-18-2-351.7. A food is considered to be a TCS food if, because of the interaction of its a_w and pH values, it is designated as product assessment required in Table A or B as follows:

| Table A. Interaction of pH and a_w for control of spores in food heat-treated to destroy vegetative cells and later packaged | | | | | --- | --- | --- | --- | | a_w values | pH values | | | | 4.6 or less | > 4.6 - 5.6 | > 5.6 | | | ≤0.92 | non-TCS food* | non-TCS food | non-TCS food | | >0.92 - .95 | non-TCS food | non-TCS food | PA** | | >0.95 | non-TCS food | PA | PA |

| Table B. Interaction of pH and a_w for control of vegetative cells and spores in food not heat-treated or heat-treated but not packaged | | | | | | --- | --- | --- | --- | --- | | a_w values | pH values | | | | | <4.2 | 4.2 – 4–6 | >4.6 - 5.0 | >5.0 | | | <0.88 | non-TCS food* | non-TCS food | non-TCS food | non-TCS food | | 0.88 - 0.90 | non-TCS food | non-TCS food | non-TCS food | PA** | | >0.90 - 0.92 | non-TCS food | non-TCS food | PA | PA | | >0.92 | non-TCS food | PA | PA | PA |

(Indiana Department of Health; 410 IAC 7-26-125; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA)

410 IAC 7-26-126 410 IAC 7-26-126 "Tobacco product" defined

410 IAC 7-26-126 "Tobacco product" defined

Authority: IC 16-42-5-5

Affected: IC 16-42-5

Sec. 126. "Tobacco product" has the meaning set forth in 21 U.S.C. 321(rr). (Indiana Department of Health; 410 IAC 7-26-126; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA)

410 IAC 7-26-127 410 IAC 7-26-127 "USDA" defined

410 IAC 7-26-127 "USDA" defined

Authority: IC 16-42-5-5

Affected: IC 16-42-5

Sec. 127. "USDA" means the United States Department of Agriculture. (Indiana Department of Health; 410 IAC 7-26-127; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA)

410 IAC 7-26-128 410 IAC 7-26-128 "Utensil" defined

410 IAC 7-26-128 "Utensil" defined

Authority: IC 16-42-5-5

Affected: IC 16-42-5

Sec. 128. "Utensil" means a food contact implement or container used in the storage, preparation, transportation, dispensing, sale, or service of food, such as the following:

(1) Kitchenware or tableware that is multi-use, single-service, or single-use.

(2) Gloves used in contact with food.

(3) Temperature sensing probes of food temperature measuring devices.

(4) Probe-type price or identification tags used in contact with food.

(Indiana Department of Health; 410 IAC 7-26-128; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA)

410 IAC 7-26-129 410 IAC 7-26-129 "Variance" defined

410 IAC 7-26-129 "Variance" defined

Authority: IC 16-42-5-5

Affected: IC 16-42-5

Sec. 129. "Variance" means a written document issued by the department on demonstration of good cause by the person requesting the variance that authorizes a waiver, modification, or deviation from at least one (1) of the state rules concerning food handling machinery or sanitary standards for the operation of food establishments. (Indiana Department of Health; 410 IAC 7-26-129; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA)

410 IAC 7-26-130 410 IAC 7-26-130 "Vending machine" defined

410 IAC 7-26-130 "Vending machine" defined

Authority: IC 16-42-5-5

Affected: IC 16-42-5-32

Sec. 130. "Vending machine" has the meaning set forth in IC 16-42-5-32(c). (Indiana Department of Health; 410 IAC 7-26-130; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA)

410 IAC 7-26-131 410 IAC 7-26-131 "Vending machine location" defined

410 IAC 7-26-131 "Vending machine location" defined

Authority: IC 16-42-5-5

Affected: IC 16-42-5

Sec. 131. "Vending machine location" means the:

(1) room;

(2) enclosure;

(3) space; or

(4) area;

where at least one (1) vending machine is installed and operated, and includes the storage areas and areas on the premises used to service and maintain the vending machines. (Indiana Department of Health; 410 IAC 7-26-131; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA)

410 IAC 7-26-132 410 IAC 7-26-132 "Warewashing" defined

410 IAC 7-26-132 "Warewashing" defined

Authority: IC 16-42-5-5

Affected: IC 16-42-5

Sec. 132. Warewashing" means the cleaning and sanitizing of food contact surfaces of equipment and utensils. (Indiana Department of Health; 410 IAC 7-26-132; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA)

410 IAC 7-26-133 410 IAC 7-26-133 "Whole-muscle intact beef " defined

410 IAC 7-26-133 "Whole-muscle intact beef " defined

Authority: IC 16-42-5-5

Affected: IC 16-42-5

Sec. 133. "Whole-muscle, intact beef" means whole-muscle beef that is not:

(1) injected;

(2) mechanically tenderized;

(3) reconstructed; or

(4) scored and marinated;

from which beef steaks may be cut. (Indiana Department of Health; 410 IAC 7-26-133; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA)

410 IAC 7-26-134 410 IAC 7-26-134 Assignment of supervision responsibility

410 IAC 7-26-134 Assignment of supervision responsibility

Authority: IC 16-42-5-5

Affected: IC 16-42-5

Sec. 134. (a) The owner or operator of a retail food establishment shall have a person in charge present at the retail food establishment during all hours of operation.

(b) For purposes of this section, a violation of subsection (a) is a PF item. (Indiana Department of Health; 410 IAC 7-26-134; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA)

410 IAC 7-26-135 410 IAC 7-26-135 Demonstration of knowledge

410 IAC 7-26-135 Demonstration of knowledge

Authority: IC 16-42-5-5

Affected: IC 16-42-5; IC 16-42-5.2-3.7

Sec. 135. (a) Based on the risks of foodborne illness or injury inherent to a food operation, during inspections, the person in charge shall demonstrate to the regulatory authority knowledge of foodborne disease prevention, application of the HACCP principles, and the requirements of this rule. The person in charge shall demonstrate this knowledge by either of the following:

(1) Having a certified food protection manager who has shown proficiency of required information through a certificate as defined by IC 16-42-5.2-3.7.

(2) If a retail food establishment is exempt from IC 16-42-5.2, the demonstration of knowledge shall be met by:

(A) compliance with this rule by having no violations of priority items during the current inspection; or

(B) responding correctly to the inspector's questions as they relate to the specific food operation. The areas of knowledge include the following:

(i) Describing the relationship between the prevention of foodborne disease and personal hygiene of a food employee.

(ii) Explaining the responsibility of the person in charge for preventing transmission of foodborne disease by a food employee who has a disease or medical condition that may cause foodborne disease.

(iii) Describing the symptoms associated with the diseases that are transmissible through food.

(iv) Explaining the significance of the relationship between maintaining the time and temperature of TCS food and the prevention of foodborne illness.

(v) Explaining the hazards involved in the consumption of raw or undercooked meat, poultry, eggs, and fish.

(vi) Stating the required food temperatures and times for safe cooking of TCS food, including meat, poultry, eggs, and fish.

(vii) Stating the required temperatures and times for the safe refrigerated storage, hot holding, cooling, and reheating of TCS food.

(viii) Describing the relationship between the prevention of foodborne illness and the management and control of:

(AA) cross-contamination;

(BB) hand contact with ready-to-eat foods;

(CC) hand washing; and

(DD) maintaining the retail food establishment in a clean condition and in good repair.

(ix) Describing foods identified as major food allergens and the symptoms that a major food allergen could cause in a sensitive individual who has an allergic reaction.

(x) Explaining the relationship between food safety and providing equipment that is as follows:

(AA) Sufficient in number and capacity.

(BB) Properly designed, constructed, located, installed, operated, maintained, and cleaned.

(xi) Explaining correct procedures for cleaning and sanitizing utensils and food contact surfaces of equipment.

(xii) Identifying the source of water used and measures taken to ensure that it remains protected from contamination, such as providing protection from backflow and precluding the creation of cross-connections.

(xiii) Identifying poisonous or toxic materials in the retail food establishment and the procedures necessary to ensure that they are safely stored, dispensed, used, and disposed of under this rule.

(xiv) Identifying critical control points in the operation from purchasing through sale or service that when not controlled may contribute to the transmission of foodborne illness, and explaining the steps taken to ensure these points are controlled under the requirements of this rule.

(xv) Explaining the details of how the person in charge and food employees comply with the HACCP plan if a plan is required by law, this rule, or an agreement between the regulatory authority and the establishment.

(xvi) Explaining the responsibilities, rights, and authorities assigned by this rule to the:

(AA) food employee;

(BB) conditional employee;

(CC) person in charge; and

(DD) regulatory authority.

(xvii) Explaining how the person in charge, food employees, and conditional employees comply with reporting responsibilities and exclusion or restriction of employees.

(b) For purposes of this section, a violation of subsection (a) is a PF item. (Indiana Department of Health; 410 IAC 7-26-135; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA)

410 IAC 7-26-136 410 IAC 7-26-136 Duties of the person in charge

410 IAC 7-26-136 Duties of the person in charge

Authority: IC 16-42-5-5

Affected: IC 16-42-5

Sec. 136. (a) The person in charge of a retail food establishment shall ensure the following:

(1) Retail food establishment operations are not conducted in a private home or a room used as living or sleeping quarters as specified under section 427 of this rule.

(2) Individuals unnecessary to the retail food establishment operation are not allowed in the food preparation, food storage, or warewashing areas, but brief visits and tours may be authorized by the person in charge if steps are taken to ensure that:

(A) exposed food;

(B) clean equipment, utensils, and linens; and

(C) unwrapped single-service and single-use articles;

are protected from contamination.

(3) Employees and other persons, such as delivery and maintenance persons and pesticide applicators, entering the food preparation, food storage, and warewashing areas shall comply with this rule.

(4) Employees are effectively cleaning their hands by routinely monitoring the employees' handwashing.

(5) Employees are visibly observing foods as they are received to determine that the foods are:

(A) from approved sources;

(B) delivered at the required temperatures;

(C) protected from contamination;

(D) unadulterated; and

(E) accurately presented;

by routinely monitoring the employees' observations and periodically evaluating foods after they are received.

(6) Employees have a method for verifying that foods delivered to the retail food establishment during nonoperating hours are:

(A) from approved sources;

(B) placed into appropriate storage locations so the foods are:

(i) maintained at the required temperatures; and

(ii) protected from contamination;

(C) unadulterated; and

(D) accurately presented.

(7) Employees are properly cooking TCS food, being particularly careful in cooking those foods known to cause severe foodborne illness and death, such as eggs and comminuted meats, through daily oversight of the employees' routine monitoring of the cooking temperatures using appropriate temperature measuring devices, properly scaled and calibrated, as specified under sections 246 and section 302(b) of this rule.

(8) Employees are using proper methods to rapidly cool TCS foods that are not held hot or for consumption within four (4) hours, through daily oversight of the employees' routine monitoring of food temperatures during cooling.

(9) Employees are properly maintaining the temperatures of TCS foods during hot and cold holding through daily oversight of the employees' routine monitoring of food temperatures.

(10) Food employees are properly maintaining the temperature of TCS foods during thawing through daily oversight of the food employees routine monitoring of food temperatures.

(11) Consumers who order raw or partially cooked ready-to-eat foods of animal origin are informed as specified under section 223 of this rule that the food is not cooked sufficiently to ensure its safety.

(12) Employees are properly sanitizing cleaned multi-use equipment and utensils before they are reused, through routine monitoring of solution temperature and exposure time for hot water sanitizing, and chemical concentration, pH, temperature, and exposure time for chemical sanitizing.

(13) Consumers are notified that clean tableware is to be used when they return to self-service areas, such as salad bars and buffets, as specified under section 187 of this rule.

(14) Except when approval is obtained from the department as specified in section 173(e) of this rule, employees are preventing cross-contamination of ready-to-eat food from unwashed hands and are properly using suitable utensils, such as:

(A) deli tissue;

(B) spatulas;

(C) tongs;

(D) single-use gloves; or

(E) dispensing equipment.

(15) Food employees are properly trained in food safety, including food allergy awareness, as it relates to their assigned duties. Food allergy awareness includes describing foods identified as major food allergens and the symptoms that a major food allergen could cause in a sensitive individual who has an allergic reaction.

(16) Food employees and conditional employees are informed in a verifiable way of their responsibility to report under this rule, to the person in charge, information about their health and activities as they relate to diseases that are transmissible through food, as specified under section 137(a) of this rule.

(17) Written procedures and plans, where specified by this rule and as developed by the retail food establishment, are maintained and implemented as required.

(b) For purposes of this section, a violation of subsections (a) [subsection (a)] is a PF item. (Indiana Department of Health; 410 IAC 7-26-136; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA)

410 IAC 7-26-137 410 IAC 7-26-137 Responsibility of owner, person in charge, and employees

410 IAC 7-26-137 Responsibility of owner, person in charge, and employees

Authority: IC 16-42-5-5

Affected: IC 16-42-5

Sec. 137. (a) The owner or operator of a retail food establishment shall require food employees and conditional employees to report to the person in charge information about their health and activities as they relate to diseases that are transmissible through food. A food employee or conditional employee shall report the information in a way that allows the person in charge to reduce the risk of foodborne disease transmission, including providing additional necessary information, such as the date of onset of symptoms and an illness, or a diagnosis without symptoms, if the food employee or conditional employee:

(1) has any of the following symptoms:

(A) Vomiting.

(B) Diarrhea.

(C) Jaundice.

(D) A sore throat with fever.

(E) A lesion containing pus, such as a boil or an infected wound that is open or draining, and is:

(i) on the hands or wrists, unless an impermeable cover, such as a finger cot or stall, protects the lesion and a single-use glove is worn over the impermeable cover;

(ii) on exposed portions of the arms, unless the lesion is protected by an impermeable cover; or

(iii) on other parts of the body, unless the lesion is covered by a dry, durable, tight fitting bandage;

(2) has an illness diagnosed by a health practitioner due to:

(A) norovirus;

(B) hepatitis A virus;

(C) shigella spp.;

(D) STEC;

(E) typhoid fever; or

(F) Salmonella (nontyphoidal);

(3) had typhoid fever, diagnosed by a health practitioner, within the past three (3) months, without having received antibiotic therapy, as determined by the health practitioner;

(4) has been exposed to, or is the suspected source of, a confirmed disease outbreak, because the food employee or conditional employee consumed or prepared food implicated in the outbreak, or consumed food at an event prepared by a person who is infected or ill with:

(A) norovirus within the past forty-eight (48) hours of the last exposure;

(B) STEC or Shigella spp. within the past three (3) days of the last exposure;

(C) typhoid fever within the past fourteen (14) days of the last exposure; or

(D) hepatitis A virus within the past thirty (30) days of the last exposure; or

(5) has been exposed by attending or working in a setting where there is a confirmed disease outbreak, or living in the same household as, and knows about, an individual who works or attends a setting where there is a confirmed disease outbreak, or living in the same household as, and knows about, an individual diagnosed with an illness caused by:

(A) norovirus within the past forty-eight (48) hours of the last exposure;

(B) STEC or Shigella spp. within the past three (3) days of the last exposure;

(C) typhoid fever caused by Salmonella Typhi within the past fourteen (14) days of the last exposure; or

(D) hepatitis A virus within the past thirty (30) days of the last exposure.

(b) The person in charge shall notify the regulatory authority when a food employee is:

(1) jaundiced; or

(2) diagnosed with an illness due to a pathogen as specified under subsection (a)(2)(A) through (a)(2)(F).

(c) The person in charge shall ensure that a conditional employee:

(1) who exhibits or reports a symptom, or reports a diagnosed illness as specified under subsection (a)(1) through (a)(3), is prohibited from becoming a food employee until the conditional employee meets the criteria for the specific symptoms or diagnosed illness as specified under section 139 of this rule; and

(2) who will work as a food employee in a retail food establishment that serves as a highly susceptible population as defined in section 59 of this rule and reports a history of exposure as specified under subsection (a)(4) and (a)(5), is prohibited from becoming a food employee until the conditional employee meets the criteria as specified under section 139(a)(9) of this rule.

(d) The person in charge shall ensure that a food employee who exhibits or reports a symptom, or reports a diagnosed illness or history of exposure as specified under subsection (a)(1) through (a)(5) is:

(1) excluded as specified under section 138(a)(1) through 138(a)(3) of this rule, section 138(a)(4)(A) through 138(a)(6)(A) of this rule, and section 138(a)(7) or 138(a)(8)(A) of this rule, and in compliance with the provisions specified under section 139(a)(1) through 139(a)(8) of this rule; or

(2) restricted as specified under section 138(a)(4)(B), 138(a)(5)(B), 138(a)(6)(B), and 138(a)(8)(B) of this rule, or section 138(a)(9) or 138(a)(10) of this rule, and in compliance with the provisions specified under section 139(a)(4) through 139(a)(10) of this rule.

(e) A food employee or conditional employee shall report to the person in charge the information as specified under subsection (a).

(f) A food employee shall:

(1) comply with an exclusion as specified under section 138(a)(1) through 138(a)(3) of this rule, section 138(a)(4)(A) through 138(a)(6)(A) of this rule, and section 138(a)(7) or 138(a)(8)(A) of this rule, and with the provisions specified under section 139(a)(1) through 139(a)(8) of this rule; or

(2) comply with a restriction as specified under section 138(a)(4)(B) through 138(a)(6)(B) of this rule, or section 138(a)(7), 138(a)(8)(B), 138(a)(8) [sic] , 138(a)(9), or 138(a)(10) of this rule, and comply with the provisions specified under section 139(a)(4) through 139(a)(10) of this rule.

(g) For purposes of this section, a violation of subsection (a), (c), (d), or (f) is aP item.

(h) For purposes of this section, a violation of subsection (b) or (e) is a PF item. (Indiana Department of Health; 410 IAC 7-26-137; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA)

410 IAC 7-26-138 410 IAC 7-26-138 Exclusions and restrictions

410 IAC 7-26-138 Exclusions and restrictions

Authority: IC 16-42-5-5

Affected: IC 16-42-5

Sec. 138. (a) The person in charge shall exclude or restrict a food employee under the following conditions:

(1) Except when the symptom is from a noninfectious condition, such as a pregnancy related illness or Crohn's disease, exclude a food employee who is:

(A) symptomatic with vomiting or diarrhea; or

(B) symptomatic with vomiting or diarrhea and diagnosed with an infection from norovirus, Shigella spp., Salmonella (nontyphoidal), or STEC.

(2) Exclude a food employee who is:

(A) jaundiced and the onset of jaundice occurred within the last seven (7) calendar days, unless the food employee provides to the person in charge written medical documentation from a health practitioner specifying that the jaundice is not caused by hepatitis A virus or other fecal-orally transmitted infection;

(B) diagnosed with an infection from hepatitis A virus within fourteen (14) calendar days after the onset of any illness symptoms, or within seven (7) calendar days after the onset of jaundice; or

(C) diagnosed with an infection from hepatitis A virus without developing symptoms.

(3) Exclude a food employee diagnosed with or reports having had typhoid fever within the past three (3) months as specified under section 137(a)(3) of this rule.

(4) If a food employee is diagnosed with an infection from norovirus and is asymptomatic:

(A) exclude the food employee who works in a retail food establishment serving a highly susceptible population; or

(B) restrict the food employee who works in a retail food establishment not serving a highly susceptible population.

(5) If a food employee is diagnosed with an infection from Shigella spp. and is asymptomatic:

(A) exclude the food employee who works in a retail food establishment serving a highly susceptible population; or

(B) restrict the food employee who works in a retail food establishment not serving a highly susceptible population.

(6) If a food employee is diagnosed with an infection from STEC and is asymptomatic:

(A) exclude the food employee who works in a retail food establishment serving a highly susceptible population; or

(B)restrict the food employee who works in a retail food establishment not serving a highly susceptible population.

(7) If a food employee is diagnosed with an infection from Salmonella (nontyphoidal) and is asymptomatic, restrict the food employee from working at all retail food establishment.

(8) If a food employee is ill with symptoms of acute onset of a sore throat with fever:

(A) exclude the food employee who works in a retail food establishment serving a highly susceptible population; or

(B) restrict the food employee who works in a retail food establishment not serving a highly susceptible population.

(9) If a food employee is infected with a skin lesion containing pus, such as a boil or an infected wound that is open or draining and not properly covered, as specified under section 137(a)(1)(E) of this rule, restrict the food employee.

(10) If a food employee is exposed to a foodborne pathogen as specified under section 137(a)(4)(A) through 137(a)(4)(D) of this rule or section 137(a)(5)(A) through 137(a)(5)(D) of this rule, restrict the food employee who works in a retail food establishment serving a highly susceptible population.

(b) For purposes of this section, a violation of subsection (a) is a P item. (Indiana Department of Health; 410 IAC 7-26-138; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA)

410 IAC 7-26-139 410 IAC 7-26-139 Removal of exclusions and restrictions

410 IAC 7-26-139 Removal of exclusions and restrictions

Authority: IC 16-42-5-5

Affected: IC 16-42-5

Sec. 139. (a) The person in charge shall adhere to the following conditions when removing, adjusting, or retaining the exclusion or restriction of a food employee:

(1) Except when a food employee is diagnosed with typhoid fever or an infection from hepatitis A virus:

(A) reinstate a food employee who was excluded as specified under section 138(a)(1)(A) of this rule if the food employee:

(i) is asymptomatic for at least twenty-four (24) hours; or

(ii) provides to the person in charge written medical documentation from a health practitioner that states the symptom is from a noninfectious condition;

(B) if a food employee was diagnosed with an infection from norovirus and excluded as specified under section 138(a)(1)(B) of this rule:

(i) restrict the food employee, who is asymptomatic for at least twenty-four (24) hours and works in a retail food establishment not serving a highly susceptible population, until the conditions for reinstatement specified under subdivision (4)(A) or (4)(B) are met; or

(ii) retain the exclusion for the food employee, who is asymptomatic for at least twenty-four (24) hours and works in a retail food establishment that serves a highly susceptible population, until the conditions for reinstatement as specified under subdivision (4)(A) or (4)(B) are met;

(C) if a food employee was diagnosed with an infection from Shigella spp. and excluded as specified under section 138(a)(1)(B) of this rule:

(i) restrict the food employee, who is asymptomatic for at least twenty-four (24) hours and works in a retail food establishment not serving a highly susceptible population, until the conditions for reinstatement as specified under subdivision (5)(A) or (5)(B) are met; or

(ii) retain the exclusion for the food employee, who is asymptomatic for at least twenty-four (24) hours and works in a retail food establishment that serves a highly susceptible population, until the conditions for reinstatement as specified under subdivision (5)(A) or (5)(B) are met;

(D) if a food employee was diagnosed with an infection from STEC and excluded as specified under section 138(a)(1)(B) of this rule:

(i) restrict the food employee, who is asymptomatic for at least twenty-four (24) hours and works in a retail food establishment not serving a highly susceptible population, until the conditions for reinstatement as specified under subdivision (6)(A) or (6)(B) are met; or

(ii) retain the exclusion for the food employee, who is asymptomatic for at least twenty-four (24) hours and works in a retail food establishment that serves a highly susceptible population, until the conditions for reinstatement as specified under subdivision (6)(A) or (6)(B) are met; or

(E) if a food employee was diagnosed with an infection from Salmonella (nontyphoidal) and excluded as specified under section 138(a)(1)(B) of this rule:

(i) restrict the food employee, who is asymptomatic for at least thirty (30) days until the conditions for reinstatement as specified in subdivision (7)(A) or (7)(B) are met; or

(ii) retain the exclusion for the food employee who is symptomatic, until conditions for reinstatement as specified under subdivision (7)(A) or (7)(B) are met.

(2) Reinstate a food employee with a hepatitis A virus or jaundice diagnosis, who was excluded as specified under section 138(a)(2) of this rule, if the person in charge obtains approval from the regulatory authority and one (1) of the following conditions is met:

(A) The food employee has been jaundiced for more than seven (7) calendar days.

(B) The anicteric food employee has been symptomatic with symptoms other than jaundice for more than fourteen (14) calendar days.

(C) The food employee provides to the person in charge written medical documentation from a health practitioner stating that the food employee is free of a hepatitis A virus infection.

(3) Reinstate a food employee with typhoid fever who was excluded as specified under section 138(a)(3) of this rule if:

(A) the person in charge obtains approval from the regulatory authority; and

(B) the food employee provides to the person in charge written medical documentation from a health practitioner that states the food employee is free from typhoid fever.

(4) Reinstate a food employee with a norovirus diagnosis who was excluded as specified under section 138(a)(1)(B) or 138(a)(4)(A) of this rule, or restricted under section 138(a)(4)(B) of this rule, if the person in charge obtains approval from the regulatory authority and one (1) of the following conditions is met:

(A) The excluded or restricted food employee provides to the person in charge written medical documentation from a health practitioner stating that the food employee is free of a norovirus infection.

(B) The food employee was excluded or restricted after symptoms of vomiting or diarrhea resolved, and more than forty-eight (48) hours have passed since the food employee became asymptomatic.

(C) The food employee was excluded or restricted and did not develop symptoms, and more than forty-eight (48) hours have passed since the food employee was diagnosed.

(5) Reinstate a food employee with a Shigella spp. diagnosis who was excluded as specified under section 138(a)(1)(B) or 138(a)(5)(A) of this rule, or restricted under section 138 (a)(5)(B) of this rule, if the person in charge obtains approval from the regulatory authority and one (1) of the following conditions is met:

(A) The excluded or restricted food employee provides to the person in charge written medical documentation from a health practitioner stating that the food employee is free of a Shigella spp. infection based on test results showing two (2) consecutive negative stool specimen cultures that are taken:

(i) not earlier than forty-eight (48) hours after discontinuing antibiotics; and

(ii) at least twenty-four (24) hours apart.

(B) The food employee was excluded or restricted after symptoms of vomiting or diarrhea resolved, and more than seven (7) calendar days have passed since the food employee became asymptomatic.

(C) The food employee was excluded or restricted and did not develop symptoms, and more than seven (7) calendar days have passed since the food employee was diagnosed.

(6) Reinstate a food employee with a STEC diagnosis who was excluded or restricted as specified under section 138(a)(1)(B) or 138(a)(6)(A) of this rule, or restricted under section 138(a)(6)(B) of this rule, if the person in charge obtains approval from the regulatory authority and one (1) of the following conditions is met:

(A) The excluded or restricted food employee provides to the person in charge written medical documentation from a health practitioner stating that the food employee is free of an infection from STEC based on test results showing two (2) consecutive negative stool specimen cultures that are taken:

(i) not earlier than forty-eight (48) hours after discontinuing antibiotics; and

(ii) at least twenty-four (24) hours apart.

(B) The food employee was excluded or restricted after symptoms of vomiting or diarrhea resolved, and more than seven (7) calendar days have passed since the food employee became asymptomatic.

(C) The food employee was excluded or restricted and did not develop symptoms, and more than seven (7) days have passed since the food employee was diagnosed.

(7) Reinstate a food employee diagnosed with Salmonella (nontyphoidal) who was excluded as specified under section 138(a)(1)(B) of this rule, or restricted as specified in section 138(a)(7) of this rule, if the person in charge obtains approval from the regulatory authorityand one (1) of the following conditions is met:

(A) The excluded or restricted food employee provides to the person in charge written medical documentation from a health practitioner stating that the food employee is free of a Salmonella (nontyphoidal) infection based on test results showing two (2) consecutive negative stool specimen cultures that are taken:

(i) not earlier than forty-eight (48) hours after discontinuing antibiotics; and

(ii) at least twenty-four (24) hours apart.

(B) The food employee was restricted after symptoms of vomiting or diarrhea resolved, and more than thirty (30) days have passed since the food employee became asymptomatic.

(C) The food employee was excluded or restricted and did not develop symptoms, and more than thirty (30) days have passed since the food employee was diagnosed.

(8) Reinstate a food employee with a sore throat with fever who was excluded or restricted as specified under section 138(a)(8)(A) or 138(a)(8)(B) of this rule if the food employee provides to the person in charge written medical documentation from a health practitioner stating that the food employee meets one (1) of the following conditions:

(A) Has received antibiotic therapy for Streptococcus pyogenes infection for more than twenty-four (24) hours.

(B) Has at least one (1) negative throat specimen culture for Streptococcus pyogenes infection.

(C) Is otherwise determined by a health practitioner to be free of a Streptococcus pyogenes infection.

(9) Reinstate a food employee who was restricted as specified under section 138(a)(9) of this rule if the skin, infected wound, cut, or pustular boil is properly covered with one (1) of the following:

(A) An impermeable cover, such as a finger cot or stall, and a single-use glove over the impermeable cover if the infected wound or pustular boil is on the hand, finger, or wrist.

(B) An impermeable cover on the arm if the infected wound or pustular boil is on the arm.

(C) A dry, durable, tight fitting bandage if the infected wound or pustular boil is on another part of the body.

(10) An employee who works in a retail food establishment serving a highly susceptible population that was restricted due to the condition specified under section 138(a)(10) of this rule may be reinstated when:

(A) After the food employee was exposed to norovirus:

(i) more than forty-eight (48) hours have passed since the last day the food employee was potentially exposed; or

(ii) more than forty-eight (48) hours have passed since the food employee's household contact became asymptomatic.

(B) After the food employee was exposed to Shigella spp. or STEC:

(i) more than three (3) calendar days have passed since the last day the food employee was potentially exposed; or

(ii) more than three (3) calendar days have passed since the food employee's household contact became asymptomatic.

(C) After the food employee was exposed to typhoid fever (caused by Salmonella Typhi):

(i) more than fourteen (14) calendar days have passed since the last day the food employee was potentially exposed; or

(ii) more than fourteen (14) calendar days have passed since the food employee's household contact became asymptomatic.

(D) After the food employee was exposed to hepatitis A virus:

(i) the food employee is immune to hepatitis A virus infection because of a previous illness from hepatitis A;

(ii) the food employee is immune to hepatitis A virus infection because of vaccination against hepatitis A;

(iii) the food employee is immune to hepatitis A virus infection because of immunoglobulin G (IgG) administration;

(iv) more than thirty (30) calendar days have passed since the last day the food employee was potentially exposed;

(v) more than thirty (30) calendar days have passed since the food employee's household contact became jaundiced; or

(vi) the food employee does not use an alternative procedure that allows bare hand contact with ready-to-eat food until at least thirty (30) days after the potential exposure, as specified in items (iv) and (v), and the food employee receives additional training about:

(AA) hepatitis A symptoms and preventing the transmission of infection;

(BB) proper handwashing procedures; and

(CC) protecting ready-to-eat food from contamination introduced by bare hand contact.

(b) For purposes of this section, a violation of subsection (a) is a P item. (Indiana Department of Health; 410 IAC 7-26-139; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA)

410 IAC 7-26-140 410 IAC 7-26-140 Personal cleanliness; clean condition of hands and arms

410 IAC 7-26-140 Personal cleanliness; clean condition of hands and arms

Authority: IC 16-42-5-5

Affected: IC 16-42-5

Sec. 140. (a) Food employees shall keep their hands and exposed portions of their arms clean.

(b) For purposes of this section, a violation of subsection (a) is a P item. (Indiana Department of Health; 410 IAC 7-26-140; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA)

410 IAC 7-26-141 410 IAC 7-26-141 Hand cleaning and drying procedure

410 IAC 7-26-141 Hand cleaning and drying procedure

Authority: IC 16-42-5-5

Affected: IC 16-42-5

Sec. 141. (a) Except as specified in subsection (d), food employees shall clean their hands and exposed portions of their arms, including surrogate prosthetic devices for hands or arms, for at least twenty (20) seconds, using a cleaning compound in a handwashing sink that is equipped as specified under section 347 of this rule and sections 429 through 433 of this rule.

(b) Food employees shall use the following cleaning procedures in the order stated to clean their hands and exposed portions of their arms, including surrogate prosthetic devices for hands and arms:

(1) Rinse under clean, running warm water.

(2) Apply an amount of cleaning compound recommended by the cleaning compound manufacturer.

(3) Rub together vigorously for at least ten (10) to fifteen (15) seconds while:

(A) paying particular attention to removing soil from underneath the fingernails during the cleaning procedure; and

(B) creating friction on the surfaces of the hands and arms, or surrogate prosthetic devices for hands and arms, finger tips, and areas between the fingers.

(4) Thoroughly rinse under clean, running warm water.

(5) Immediately follow the cleaning procedure with thorough drying using a method as specified under section 430 of this rule.

(c) To avoid recontaminating their hands or surrogate prosthetic devices, food employees may use disposable paper towels or similar clean barriers when touching surfaces, such as manually operated faucet handles on a handwashing sink or the handle of a restroom door.

(d) If approved and capable of removing the types of soils encountered in the food operations involved, an automatic handwashing facility may be used by food employees to clean their hands and exposed portions of their arms or surrogate prosthetic devices.

(e) For purposes of this section, a violation of subsection (a) or (b) is a P item. (Indiana Department of Health; 410 IAC 7-26-141; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA)

410 IAC 7-26-142 410 IAC 7-26-142 When to wash hands

410 IAC 7-26-142 When to wash hands

Authority: IC 16-42-5-5

Affected: IC 16-42-5

Sec. 142. (a) Food employees shall clean their hands and exposed portions of their arms as specified under section 141 of this rule immediately before engaging in food preparation, including working with exposed food, clean equipment and utensils, and unwrapped single-service and single-use articlesand:

(1) after touching bare human body parts other than clean hands and clean, exposed portions of arms;

(2) after using the toilet room;

(3) after caring for or handling service animals or aquatic animals as specified in section 152(b) of this rule;

(4) except as specified in section 148(b) of this rule, after:

(A) coughing;

(B) sneezing;

(C) using a handkerchief or disposable tissue;

(D) using tobacco products;

(E) eating; or

(F) drinking;

(5) after handling soiled surfaces, equipment, or utensils;

(6) during food preparation, as often as needed to remove soil and contamination and prevent cross-contamination when changing tasks;

(7) when switching between working with raw food and ready-to-eat food;

(8) before putting gloves on to initiate a task that involves working with food; and

(9) after engaging in other activities that contaminate the hands.

(b) For purposes of this section, a violation of subsection (a) is a P item. (Indiana Department of Health; 410 IAC 7-26-142; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA)

410 IAC 7-26-143 410 IAC 7-26-143 Where to wash hands

410 IAC 7-26-143 Where to wash hands

Authority: IC 16-42-5-5

Affected: IC 16-42-5

Sec. 143. (a) Food employees shall clean their hands in a handwashing sink and may not clean their hands:

(1) in a sink used for food preparation or warewashing; or

(2) in a service sink or curbed cleaning facility used for the disposal of mop water or similar liquid waste.

(b) For purposes of this section, a violation of subsection (a) is a PF item. (Indiana Department of Health; 410 IAC 7-26-143; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA)

410 IAC 7-26-144 410 IAC 7-26-144 Hand antiseptics

410 IAC 7-26-144 Hand antiseptics

Authority: IC 16-42-5-5

Affected: IC 16-42-5

Sec. 144. (a) A hand antiseptic used as a topical application, a hand antiseptic solution used as a hand dip, or a hand antiseptic soap must be as follows:

(1) Comply with one (1) of the following:

(A) Be an approved drug listed in the FDA publication Approved Drug Products with Therapeutic Equivalence Evaluations as an approved drug based on safety and effectiveness.

(B) Have active antimicrobial ingredients that are listed in the FDA monograph for over-the-counter Health-Care Antiseptic Drug Products as an antiseptic handwash.

(2) Consist only of components which the intended use of each component complies with one (1) of the following:

(A) A threshold of regulation exemption under 21 CFR 170.39.

(B) 21CFR 178.

(C) A determination of generally recognized as safe (GRAS). Partial listings of substances with food uses that are GRAS may be found in 21 CFR 182, 21 CFR 184, or 21 CFR 186, and in the FDA's Inventory of GRAS Notices.

(D) A prior sanction listed under 21 CFR 181.

(E) A Food Contact Notification that is effective.

(3) Be applied only to hands that are cleaned as specified under section 141 of this rule.

(b) If a hand antiseptic or hand antiseptic solution used as a hand dip does not meet the criteria specified under subdivision (a)(2), use must be:

(1) followed by thorough hand rinsing in clean water before hand contact with food or by the use of gloves; or

(2) limited to situations that involve no direct contact with food by the bare hands.

(c) A hand antiseptic solution used as a hand dip must be maintained clean and at a strength equivalent to at least one hundred (100) ppm of chlorine.

(d) For purposes of this section, a violation of subsection (a), (b), or (c) is a PF item. (Indiana Department of Health; 410 IAC 7-26-144; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA)

410 IAC 7-26-145 410 IAC 7-26-145 Fingernail maintenance

410 IAC 7-26-145 Fingernail maintenance

Authority: IC 16-42-5-5

Affected: IC 16-42-5

Sec. 145. (a) Food employees shall keep their fingernails trimmed, filed, and maintained so the edges and surfaces are cleanable and not rough.

(b) Unless wearing intact gloves in good repair, a food employee may not wear fingernail polish or artificial fingernails when working with exposed food.

(c) For purposes of this section, a violation of subsection (a) or (b) is a PF item. (Indiana Department of Health; 410 IAC 7-26-145; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA)

410 IAC 7-26-146 410 IAC 7-26-146 Jewelry prohibition

410 IAC 7-26-146 Jewelry prohibition

Authority: IC 16-42-5-5

Affected: IC 16-42-5

Sec. 146. (a) Except for a plain ring, such as a wedding band, food employees may not wear jewelry, including medical information jewelry on their arms and hands, while preparing food.

(b) For purposes of this section, a violation of subsection (a) is a core item. (Indiana Department of Health; 410 IAC 7-26-146; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA)

410 IAC 7-26-147 410 IAC 7-26-147 Clean condition of outer clothing

410 IAC 7-26-147 Clean condition of outer clothing

Authority: IC 16-42-5-5

Affected: IC 16-42-5

Sec. 147. (a) Food employees shall wear clean outer clothing to prevent contamination of:

(1) food;

(2) equipment;

(3) utensils;

(4) linens; and

(5) single-service and single-use articles.

(b) For purposes of this section, a violation of subsection (a) is a core item. (Indiana Department of Health; 410 IAC 7-26-147; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA)

410 IAC 7-26-148 410 IAC 7-26-148 Eating, drinking, or using tobacco products

410 IAC 7-26-148 Eating, drinking, or using tobacco products

Authority: IC 16-42-5-5

Affected: IC 16-42-5

Sec. 148. (a) Except as specified in subsection (b), an employee may chew gum, eat and drink food, or use any form of tobacco products only in designated areas where the contamination of:

(1) exposed food;

(2) clean equipment, utensils, and linens;

(3) unwrapped single-service and single-use articles; or

(4) other items needing protection;

cannot result.

(b) A food employee may drink from a closed beverage container if the container is handled to prevent contamination of:

(1) the employee's hands;

(2) the container;

(3) exposed food;

(4) clean equipment, utensils, and linens; and

(5) unwrapped single-service and single-use articles.

(c) For purposes of this section, a violation of subsection (a) is a core item. (Indiana Department of Health; 410 IAC 7-26-148; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA)

410 IAC 7-26-149 410 IAC 7-26-149 Discharges from the eyes, nose, and mouth

410 IAC 7-26-149 Discharges from the eyes, nose, and mouth

Authority: IC 16-42-5-5

Affected: IC 16-42-5

Sec. 149. (a) Food employees experiencing persistent sneezing, coughing, or a runny nose that causes discharges from the eyes, nose, or mouth may not work with any of the following:

(1) Exposed food.

(2) Clean equipment, utensils, and linens.

(3) Unwrapped single-service and single-use articles.

(b) For purposes of this section, a violation of subsection (a) is a core item. (Indiana Department of Health; 410 IAC 7-26-149; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA)

Rule 24

410 IAC 7-24-150 410 IAC 7-24-150 Use of bandages, finger cots, or finger stalls

410 IAC 7-24-150 Use of bandages, finger cots, or finger stalls

Authority: IC 16-42-5-5

Affected: IC 16-42-5

Sec. 150. (a) If used, an impermeable cover, such as a bandage, finger cot, or finger stall located on the wrist, hand, or finger of a food employee working with exposed food, must be covered with a single-use glove.

(b) For purposes of this section, a violation of subsection (a) is a core item. (Indiana Department of Health; 410 IAC 7-26-150; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA)

Rule 26

410 IAC 7-26-151 410 IAC 7-26-151 Effectiveness of hair restraint

410 IAC 7-26-151 Effectiveness of hair restraint

Authority: IC 16-42-5-5

Affected: IC 16-42-5

Sec. 151. (a) Food employees shall wear hair restraints, such as hats, hair coverings or nets, beard restraints, and clothing that covers body hair, designed and worn to effectively keep their hair from contacting:

(1) exposed food;

(2) clean equipment, utensils, and linens; and

(3) unwrapped single-service and single-use articles.

(b) This section does not apply to food employees, such as counter staff who only serve beverages and wrapped or packaged foods, hostesses, and wait staff, if they present a minimal risk of contaminating:

(1) exposed food;

(2) clean equipment, utensils, and linens; and

(3) unwrapped single-service and single-use articles.

(c) For purposes of this section, a violation of subsection (a) is a core item. (Indiana Department of Health; 410 IAC 7-26-151; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA)

410 IAC 7-26-152 410 IAC 7-26-152 Animal handling prohibition

410 IAC 7-26-152 Animal handling prohibition

Authority: IC 16-42-5-5

Affected: IC 16-42-5

Sec. 152. (a) Except as specified in subsection (b), food employees may not care for or handle animals that may be present, including patrol dogs, service animals, or pets that are allowed as specified in section 454(b)(2) through 454(b)(5) of this rule.

(b) Food employees with service animals may handle or care for their service animals and handle or care for fish in aquariums, or molluscan shellfish or crustacea in display tanks, if the food employees wash their hands as specified under sections 141 and 142(a)(3) of this rule.

(c) For purposes of this section, a violation of subsection (a) is a PF item. (Indiana Department of Health; 410 IAC 7-26-152; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA)

410 IAC 7-26-153 410 IAC 7-26-153 Clean-up of vomiting and diarrheal events

410 IAC 7-26-153 Clean-up of vomiting and diarrheal events

Authority: IC 16-42-5-5

Affected: IC 16-42-5

Sec. 153. (a) A retail food establishment shall have written procedures for employees to follow when responding to vomiting or diarrheal events that involve the discharge of vomitus or fecal matter onto surfaces in the retail food establishment. The procedures must address the specific actions employees shall take to minimize the spread of contamination and the exposure of employees, consumers, food, and surfaces to vomitus or fecal matter.

(b) For purposes of this section, a violation of subsection (a) is a PF item. (Indiana Department of Health; 410 IAC 7-26-153; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA)

410 IAC 7-26-154 410 IAC 7-26-154 Food condition

410 IAC 7-26-154 Food condition

Authority: IC 16-42-5-5

Affected: IC 16-42-5

Sec. 154. (a) Food must be safe, unadulterated, and, as specified under section 220 of this rule, honestly presented.

(b) Food may not be misbranded.

(c) For purposes of this section, a violation of subsection (a) or (b) is a P item. (Indiana Department of Health; 410 IAC 7-26-154; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA)

410 IAC 7-26-155 410 IAC 7-26-155 Food sources

410 IAC 7-26-155 Food sources

Authority: IC 16-42-5-5

Affected: IC 15-17-5; IC 16-42

Sec. 155. (a) Food must be obtained from sources that comply with law at least equivalent to Indiana law.

(b) Food prepared in a private home, including food prepared for sale under IC 16-42-5.3, may not be used or offered for human consumption in a retail food establishment.

(c) Packaged food must be labeled as specified:

(1) by law, including IC 16-42-1, IC 16-42-2, 21 CFR 101, 9 CFR 317, and 9 CFR 381; and

(2) in sections 159 and 169 of this rule.

(d) Fish, other than those specified in section 203(b) of this rule, intended for consumption in a raw or an undercooked form and allowed as specified in section 198(d) of this rule, may be offered for sale or service if they are:

(1) obtained from a supplier that freezes the fish as specified under section 203 of this rule; or

(2) frozen on the premises as specified under section 203 of this rule and records are retained as specified under section 204 of this rule.

(e) Whole-muscle intact beef steaks intended for consumption in an undercooked form without a consumer advisory as specified in section (c) of this rule [subsection (c)] must be:

(1) obtained from a food processing plant that does not mechanically tenderize, vacuum tumble with solutions, reconstruct, cube, or pound the whole-muscle intact beef steaks;

(2) deemed acceptable by the regulatory authority based on other evidence, such as written buyer specifications or invoices, that indicates the steaks meet the definition of whole-muscle intact beef; or

(3) if individually cut in a retail food establishment:

(A) cut from whole-muscle intact beef that is received from a food processing plant as specified in subdivision (e)(1) [subdivision (1)] or identified as specified in subdivision (e)(2) [subdivision (2)] ; and

(B) prepared so they remain intact.

(f) Meat and poultry that is not a ready-to-eat food and in a packaged form when it is offered for sale or otherwise offered for consumption must:

(1) be labeled to include safe handling instructions as specified in law, including 9 CFR 317.2(l) and 9 CFR 381.125(b); and

(2) meet applicable labeling requirements under IC 15-17-5.

(g) Eggs that have not been specifically treated to destroy all viable Salmonellae shall be labeled to include safe handling instructions as specified in law, including 21 CFR 101.17(h).

(h) For purposes of this section, a violation of subsection (a), (b), or (e)(3)(A) is a P item.

(i) For purposes of this section, a violation of subsection (c), (d), (e)(1), (e)(2), or (e)(3)(B) is a PF item.

(j) For purposes of this section, a violation of subsection (f) or (g) is a core item. (Indiana Department of Health; 410 IAC 7-26-155; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA)

410 IAC 7-26-156 410 IAC 7-26-156 Food in a hermetically sealed container

410 IAC 7-26-156 Food in a hermetically sealed container

Authority: IC 16-42-5-5

Affected: IC 16-42-5

Sec. 156. (a) Food in a hermetically sealed container must be obtained from a food processing plant that is regulated by the food regulatory agency that has jurisdiction over the plant.

(b) For purposes of this section, a violation of subsection (a) is a P item. (Indiana Department of Health; 410 IAC 7-26-156; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA)

410 IAC 7-26-157 410 IAC 7-26-157 Fluid milk and milk products

410 IAC 7-26-157 Fluid milk and milk products

Authority: IC 16-42-5-5

Affected: IC 16-42-5

Sec. 157. (a) Fluid milk and milk products must be obtained from sources that comply with Grade A standards as specified in law.

(b) For purposes of this section, a violation of subsection (a) is a P item. (Indiana Department of Health; 410 IAC 7-26-157; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA)

410 IAC 7-26-158 410 IAC 7-26-158 Fish

410 IAC 7-26-158 Fish

Authority: IC 16-42-5-5

Affected: IC 16-42-5

Sec. 158. (a) Except as specified in subsection (b), fish that are received for sale or service must be:

(1) commercially and legally produced, caught, or harvested; or

(2) approved by the department for sale or service.

(b) Recreationally caught fish may be prepared by a retail food establishment determined by the regulatory authority to be able to safely accommodate those fish, under the following conditions:

(1) The retail food establishment has a HACCP plan to assess the facility's capacity to handle the item without causing contamination of other food and food contact surfaces in the establishment.

(2) The owner of the retail food establishment agrees in advance to prepare the item for the fisher.

(3) The fish may be served only to the fisher and their guests at the table.

(c) For purposes of this section, a violation of subsection (a) or (b) is a P item. (Indiana Department of Health; 410 IAC 7-26-158; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA)

410 IAC 7-26-159 410 IAC 7-26-159 Molluscan shellfish

410 IAC 7-26-159 Molluscan shellfish

Authority: IC 16-42-5-5

Affected: IC 16-42-5

Sec. 159. (a) Molluscan shellfish must be obtained from sources according to law and the requirements specified in the United States Department of Health and Human Services, Public Health Service, FDA National Shellfish Sanitation Program Guide for the Control of Molluscan Shellfish.

(b) Molluscan shellfish received in interstate commerce must be from sources listed in the Interstate Certified Shellfish Shippers List.

(c) For purposes of this section, a violation of subsection (a) or (b) is a P item. (Indiana Department of Health; 410 IAC 7-26-159; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA)

410 IAC 7-26-160 410 IAC 7-26-160 Wild mushrooms

410 IAC 7-26-160 Wild mushrooms

Authority: IC 16-42-5-5

Affected: IC 16-42-5

Sec. 160. (a) Mushroom species picked in the wild may not be offered, for sale or service by a retail food establishment, unless the following conditions are met:

(1) The mushroom species was obtained from a source where each mushroom is individually examined and determined to be safe by a mushroom identification expert.

(2) The mushroom species is accompanied by a legible label or other written documentation that provides the following:

(A) A taxonomic identity of each type of mushroom, including the scientific and common name of the mushroom species.

(B) The name, address, and contact information of the wild mushroom identifier and mushroom distributor.

(C) The qualifications and training of the identifier, specifically related to the wild mushroom identification.

(D) A statement of any common culinary hazards that may make the type of mushrooms unsafe to consume, such as "Do not cook" or "Should not be eaten uncooked".

(b) The documentation in subsection (a)(2) must be retained as paper or electronic records for at least one (1) year after the last date of sale of an identified group of wild mushrooms.

(c) This section does not apply to:

(1) cultivated mushroom species that are grown, harvested, and processed as a product of agriculture in an operation regulated by the regulatory authority with jurisdiction over the operation;or

(2) wild mushroom species if they are in packaged form and the product of a food processing plant regulated by the regulatory authority with jurisdiction over the plant.

(d) For purposes of this section, a violation of subsection (a) or (b) is a P item. (Indiana Department of Health; 410 IAC 7-26-160; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA)

410 IAC 7-26-161 410 IAC 7-26-161 Game animals

410 IAC 7-26-161 Game animals

Authority: IC 16-42-5-5

Affected: IC 15-7-5; IC 16-42-5

Sec. 161. (a) If game animals are received for sale or service, they must be slaughtered and processed under a state or federal inspection program with requirements that are at least equal to the requirements of IC 15-17-5.

(b) This section does not apply to retail food establishments that only custom slaughter or process for a person a raw product of an animal species not subject to IC 15-17-5.

(c) For purposes of this section, a violation of subsection (a) is a P item. (Indiana Department of Health; 410 IAC 7-26-161; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA)

410 IAC 7-26-162 410 IAC 7-26-162 Specifications for receiving temperatures of food

410 IAC 7-26-162 Specifications for receiving temperatures of food

Authority: IC 16-42-5-5

Affected: IC 16-42-5

Sec. 162. (a) Except as specified in subsection (b), refrigerated TCS food must be at a temperature not greater than forty-one (41) degrees Fahrenheit, or five (5) degrees Celsius when received.

(b) If a temperature other than forty-one (41) degrees Fahrenheit, or five (5) degrees Celsius, for a TCS food is specified by law governing its distribution, such as laws governing milk and molluscan shellfish, the food may be received at the specified temperature.

(c) Raw shell eggs shall be received in refrigerated equipment that maintains an ambient air temperature not greater than forty-five (45) degrees Fahrenheit, or seven (7) degrees Celsius.

(d) TCS food that is cooked to a temperature and for a time specified under sections 198, 199, or 200 of this rule and received hot must be at a temperature not less than one hundred thirty-five (135) degrees Fahrenheit, fifty-seven (57) degrees Celsius.

(e) A food labeled frozen and shipped frozen by a food processing plant must be received frozen.

(f) Upon receipt, TCS food must be free of evidence of previous temperature abuse.

(g) For purposes of this section, a violation of subsection (a), (c), or (d) is a P item.

(h) For purposes of this section, a violation of subsection (e) or (f) is a PF item. (Indiana Department of Health; 410 IAC 7-26-162; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA)

Rule 46

410 IAC 7-46-163 410 IAC 7-46-163 Food additives

410 IAC 7-46-163 Food additives

Authority: IC 16-42-5-5

Affected: IC 16-42-5

Sec. 163. (a) Food may not contain unapproved food additives or additives that exceed amounts as specified in:

(1) 21 CFR 170 through 21 CFR 186;

(2) 9 CFR 424.21(b); or

(3) 40 CFR 180.

(b) For purposes of this section, a violation of subsection (a) is a P item. (Indiana Department of Health; 410 IAC 7-26-163; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA)

Rule 26

410 IAC 7-26-164 410 IAC 7-26-164 Eggs

410 IAC 7-26-164 Eggs

Authority: IC 16-42-5-5

Affected: IC 16-42-5; IC 16-42-11

Sec. 164. (a) Raw, in-shell chicken eggs must be received clean and sound, and may not exceed the restricted egg tolerances for U.S. Consumer Grade B as specified in United States Standards, Grades, and Weight Classes for Shell Eggs, AMS 56.200 et seq., administered by the Agricultural Marketing Service of USDA to the extent these requirements are consistent with IC 16-42-11 and rules authorized by that law.

(b) Eggs that are not the product of a domesticated chicken must be received clean and sound from a source registered with a regulatory authority.

(c) For purposes of this section, a violation of subsection (a) or (b) is a P item. (Indiana Department of Health; 410 IAC 7-26-164; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA)

410 IAC 7-26-165 410 IAC 7-26-165 Egg and milk products; pasteurized

410 IAC 7-26-165 Egg and milk products; pasteurized

Authority: IC 16-42-5-5

Affected: IC 16-42-5

Sec. 165. (a) Egg products must be obtained pasteurized.

(b) Fluid and dry milk and milk products shall:

(1) be obtained pasteurized; and

(2) comply with Grade A standards as specified in law.

(c) Frozen milk products, such as ice cream, must be obtained pasteurized as specified in 21 CFR 135.

(d) Cheese must be obtained pasteurized unless alternative procedures to pasteurization are specified in federal law.

(e) For purposes of this section, a violation of subsection (a), (b), (c), or (d) is a P item. (Indiana Department of Health; 410 IAC 7-26-165; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA)

410 IAC 7-26-166 410 IAC 7-26-166 Packaging integrity

410 IAC 7-26-166 Packaging integrity

Authority: IC 16-42-5-5

Affected: IC 16-42-5

Sec. 166. (a) Food packages must be in good condition and protect the integrity of the contents so that the food is not exposed to adulteration or potential contaminants.

(b) For purposes of this section, a violation of subsection (a) is a PF item. (Indiana Department of Health; 410 IAC 7-26-166; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA)

410 IAC 7-26-167 410 IAC 7-26-167 Ice

410 IAC 7-26-167 Ice

Authority: IC 16-42-5-5

Affected: IC 16-42-5

Sec. 167. (a) Ice for use as a food, or a cooling medium for food, must be made from drinking water.

(b) For purposes of this section, a violation of subsection (a) is a P item. (Indiana Department of Health; 410 IAC 7-26-167; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA)

410 IAC 7-26-168 410 IAC 7-26-168 Shellstock condition

410 IAC 7-26-168 Shellstock condition

Authority: IC 16-42-5-5

Affected: IC 16-42-5

Sec. 168. (a) When received by a retail food establishment, shellstock must be reasonably free of mud, dead shellstock, and shellstock with broken shells. Dead shellstock with badly broken shells must be discarded.

(b) For purposes of this section, a violation of subsection (a) is a core item. (Indiana Department of Health; 410 IAC 7-26-168; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA)

410 IAC 7-26-169 410 IAC 7-26-169 Molluscan shellfish; packaging and identification

410 IAC 7-26-169 Molluscan shellfish; packaging and identification

Authority: IC 16-42-5-5

Affected: IC 16-42-5

Sec. 169. (a) Except as specified in subdivision (b) [subsection (b)] , molluscan shellfish must be obtained in nonreturnable packages or containers that bear a legible tag or label that identifies the:

(1) source, and are affixed by a dealer that depurates, packs, ships, or reships the molluscan shellfish, as specified in the National Shellfish Sanitation Program Guide for the Control of Molluscan Shellfish (Model Ordinance); and

(2) "sell by" or "best if used by" date for shucked shellfish packages with a capacity of less than one-half gallon (1.89 L) or the date shucked for packages with a capacity of at least one-half gallon (1.89 L).

(b) When a two-tag harvester or dealer system is used, the dealer tag must meet the requirements identified in subsection (a)(1). When both the dealer and harvester tags appear on the container, the dealer's tag is not required to duplicate the information on the harvester's tag.

(c) A container of raw molluscan shellfish that does not bear a tag or label, or bears a tag or label that does not contain all the information as specified under the Model Ordinance shall be subject to a hold order, or seizure and destruction, as allowed by law.

(d) For purposes of this section, a violation of subsection (a) is a PF item.

(e) For purposes of this section, a violation of subsection (b) or (c) is a core item. (Indiana Department of Health; 410 IAC 7-26-169; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA)

410 IAC 7-26-170 410 IAC 7-26-170 Juice treated; commercially processed

410 IAC 7-26-170 Juice treated; commercially processed

Authority: IC 16-42-5-5

Affected: IC 16-42-5

Sec. 170. (a) Prepackaged juice must be obtained:

(1) from a processor with a HACCP system as specified in 21 CFR 120; and

(2) pasteurized or otherwise treated to attain a 5-log reduction of the most resistant microorganism of public health significance as specified in 21 CFR 120.24.

(b) For purposes of this section, a violation of subsection (a)(1) is a PF item.

(c) For purposes of this section, a violation of subsection (a)(2) is a P item. (Indiana Department of Health; 410 IAC 7-26-170; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA)

410 IAC 7-26-171 410 IAC 7-26-171 Molluscan shellfish; original container

410 IAC 7-26-171 Molluscan shellfish; original container

Authority: IC 16-42-5-5

Affected: IC 16-42-5

Sec. 171. (a) Except as specified in subsections (c), (d), and (e), molluscan shellfish may not be removed from the container in which they are received other than immediately before sale or preparation for service.

(b) Molluscan shellfish from one (1) tagged or labeled container may not be commingled with molluscan shellfish from another container with different certification numbers, harvest dates, or growing areas identified on the tag or label before being ordered by the consumer.

(c) For display purposes, shellstock and in-shell product may be removed from the container in which they are received, displayed on drained ice or held in a display container, and a quantity specified by a consumer may be removed from the display or display container and provided to the consumer if the:

(1) source of the shellstock or in-shell product on display is identified as specified under section 169 of this rule and recorded as specified under section 172 of this rule; and

(2) shellstock or in-shell product are protected from contamination.

(d) Shucked shellfish may be removed from the container in which they were received and held in a display container from which individual servings are dispensed upon a consumer's request if the:

(1) labeling information for the shellfish on display as specified under section 172 of this rule is retained and correlated to the date when, or dates during which, the shellfish are sold or served; and

(2) shellfish are protected from contamination.

(e) Shucked shellfish may be removed from the container in which they were received and repacked in consumer self-service containers if the:

(1) labeling information for the shellfish is on each consumer self-service container as specified under sections 159 and 221(a) of this rule, and section 221(b)(1) through 221(b)(5) of this rule;

(2) labeling information as specified under section 159 of this rule is retained and correlated with the date when, or dates during which, the shellfish are sold or served;

(3) labeling information and dates specified under subsection (d)(1) are maintained for ninety (90) days; and

(4) shellfish are protected from contamination.

(f) For purposes of this section, a violation of subsection (b) is a PF item.

(g) For purposes of this section, a violation of subsection (a) is a core item. (Indiana Department of Health; 410 IAC 7-26-171; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA)

410 IAC 7-26-172 410 IAC 7-26-172 Molluscan shellfish; maintaining identification

410 IAC 7-26-172 Molluscan shellfish; maintaining identification

Authority: IC 16-42-5-5

Affected: IC 16-42-5

Sec. 172. (a) Except as specified under subsection (d), molluscan shellfish tags or labels must remain attached to the container in which the shellstock are received until the container is empty.

(b) The date when the last molluscan shellfish from the container is sold or served must be recorded on the tag, label, or invoice.

(c) The identity of the source of molluscan shellfish sold or served must be maintained by retaining product tags, labels, or invoices for ninety (90) calendar days from the date recorded on the tag, label, or invoice, as specified under subsection (b), by using an approved record keeping system that keeps the tags, labels, or invoice in chronological order correlated to the date that is recorded on the tag, label, or invoice, as specified under subsection (b).

(d) If shellstock, shucked shellfish, or in-shell product are removed from its tagged or labeled container the source, identification will be preserved by using a record under subsection (c).

(e) A certification number must be included on the shellfish tag. Each shellfish certification number must consist of a one (1) to five (5) digit Arabic number preceded by the two (2) letter state abbreviation, and followed by a two (2) letter abbreviation for the type of activity or activities the dealer is qualified to perform in accordance with this provision of the National Shellfish Sanitation Program using the terms in the following tables:

| Table A. Certifications | Table B. Permits | | | | --- | --- | --- | --- | | ACRONYM | TERM | ACRONYM | TERM | | SP | Shucker Packer | PHP | Post-Harvest Processing | | RP | Repacker | AQ | Aquaculture | | SS | Shellstock Shipper | WS | Wet Storage | | RS | Reshipper | | |

(f) For purposes of this section, a violation of subsection (a), (b), (c), (d), or (e) is a PF item. (Indiana Department of Health; 410 IAC 7-26-172; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA)

410 IAC 7-26-173 410 IAC 7-26-173 Preventing contamination from hands by employees

410 IAC 7-26-173 Preventing contamination from hands by employees

Authority: IC 16-42-5-5

Affected: IC 16-42-5

Sec. 173. (a) Food employees shall wash their hands as specified under section 141 of this rule.

(b) Except when washing fruits and vegetables as specified under section 179 of this rule or as specified in subsections (d) and (e), food employees may not contact exposed, ready-to-eat food with their bare hands and shall use suitable utensils, such as:

(1) deli tissue;

(2) spatulas;

(3) tongs;

(4) single-use gloves; or

(5) dispensing equipment.

(c) Food employees shall minimize bare hand and arm contact with exposed food that is not in a ready-to-eat form.

(d) Subsection (b) does not apply to a food employee who contacts exposed, ready-to-eat food with bare hands at the time the ready-to-eat food is being added as an ingredient to a food that:

(1) contains a raw animal food and is to be cooked in the retail food establishment to heat all parts of the food to the minimum temperatures specified in section 198(a), 198(b), or 199 of this rule; or

(2) does not contain a raw animal food, but is to be cooked in the retail food establishment to heat all parts of the food to a temperature of at least one hundred forty-five (145) degrees Fahrenheit, sixty-three (63) degrees Celsius.

(e) Food employees not serving a highly susceptible population may contact exposed, ready-to-eat food with their bare hands if [sic] as follows:

(1) The owner or operator of a retail food establishment obtains prior approval from the regulatory authority;

(2) Written procedures are maintained in the retail food establishment and made available to the regulatory authority upon request that include the following:

(A) For each bare hand contact procedure, a listing of the specific ready-to-eat foods touched by bare hands.

(B) Diagrams and other information showing that handwashing facilities, installed, located, equipped, and maintained as specified under sections 351, 356, 359, 429, 430, and 432 of this rule are in an easily accessible location and in close proximity to the work station where the bare hand contact procedure is conducted;

(3) A written employee health policy is maintained that details how the retail food establishment complies with sections 137, 138, and 139 of this rule, including the following:

(A) Documentation that food employees and conditional employees acknowledge that they are informed to report information about their health and activities as they relate to gastrointestinal symptoms and diseases that are transmittable through food as specified under section 137(a) of this rule.

(B) Documentation that food employees and conditional employees acknowledge their responsibilities as specified under section 137(e) and 137(f) of this rule.

(C) Documentation that the person in charge acknowledges the responsibilities as specified under section 137(b) through 137(d) of this rule, and sections 138 and 139 of this rule;

(4) Documentation is maintained that food employees acknowledge that they have received training in all of the following:

(A) The risks of contacting the specific ready-to-eat foods with bare hands.

(B) Proper handwashing as specified under section 141 of this rule.

(C) When to wash their hands as specified under section 142 of this rule.

(D) Where to wash their hands as specified under section 143 of this rule.

(E) Proper fingernail maintenance as specified under section 145 of this rule.

(F) Prohibition of jewelry as specified under section 146 of this rule.

(G) Good hygienic practices as specified under sections 148 and 149 of this rule;

(5) Documentation is maintained that hands are washed before food preparation and as necessary to prevent cross-contamination by food employees as specified under sections 140, 141, 142, and 143 of this rule during all hours of operation when the specific ready-to-eat foods are prepared;

(6) Documentation is maintained that food employees contacting ready-to-eat food with bare hands use at least two (2) of the following control measures to provide additional safeguards to hazards associated with bare hand contact:

(A) Double handwashing.

(B) Nail brushes.

(C) A hand antiseptic after handwashing as specified under section 144 of this rule.

(D) Incentive programs, such as paid sick leave, that assist or encourage food employees not to work when they are ill.

(E) Other control measures approved by the department; and [sic]

(7) Documentation is maintained that corrective action is taken when subsection (e)(1) through (e)(6) is [subdivisions (1) through (6) are] not followed.

(f) For purposes of this section, a violation of subsection (b) is aP item.

(g) For purposes of this section, a violation of subsection (c) is a PF item.

(h) For purposes of this section, a violation subsection (a) is a core item. (Indiana Department of Health; 410 IAC 7-26-173; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA)

410 IAC 7-26-174 410 IAC 7-26-174 Preventing contamination when tasting

410 IAC 7-26-174 Preventing contamination when tasting

Authority: IC 16-42-5-5

Affected: IC 16-42-5

Sec. 174. (a) A food employee may not reuse a utensil once it has been used to taste food that is to be sold or served.

(b) For purposes of this section, a violation of subsection (a) is a P item. (Indiana Department of Health; 410 IAC 7-26-174; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA)

410 IAC 7-26-175 410 IAC 7-26-175 Packaged and unpackaged food; separation, packaging, and segregation

410 IAC 7-26-175 Packaged and unpackaged food; separation, packaging, and segregation

Authority: IC 16-42-5-5

Affected: IC 16-42-5

Sec. 175. (a) Food must be protected from cross-contamination by the following:

(1) Separating raw animal foods during storage, preparation, holding, and display from:

(A) raw, ready-to-eat food, including other raw animal food, such as fish for sushi or molluscan shellfish, or other raw ready-to-eat food, such as fruits and vegetables;

(B) cooked ready-to-eat food; and

(C) fruits and vegetables before they are washed.

(2) Except when combined as ingredients, separating types of raw animal foods from each other, such as beef, fish, lamb, pork, and poultry during storage, preparation, holding, and display by:

(A) using separate equipment for each type, or arranging each type of food in equipment so that cross-contamination of one (1) type with another is prevented; and

(B) preparing each type of food at different times or in separate areas.

(3) Cleaning equipment and utensils as specified under section 307(a) of this rule and sanitizing as specified under section 318 of this rule.

(4) Except as specified in subsection (b) and under section 212(b)(2) of this rule, storing the food in packages, covered containers, or wrappings.

(5) Cleaning hermetically sealed containers of food of visible soil before opening.

(6) Protecting food containers that are received packaged together in a case or overwrap from cuts when the case or overwrap is opened.

(7) Storing damaged, spoiled, or recalled food being held in the retail food establishment as specified under section 441 of this rule.

(8) Separating fruits and vegetables before they are washed, as specified under section 179 of this rule, from ready-to-eat food.

(b) Subsection (a)(4) does not apply to the following:

(1) Whole, uncut, raw fruits and vegetables and nuts in the shell that require peeling or hulling before consumption.

(2) Primal cuts, quarters, or sides of raw meat or slab bacon that are hung on clean, sanitized hooks or placed on clean, sanitized racks.

(3) Whole, uncut, processed meats, such as country hams, and smoked or cured sausages that are placed on clean, sanitized racks.

(4) Food being cooled as specified under section 212(b)(2) of this rule.

(5) Shellstock.

(6) Frozen, commercially processed and packaged raw animal food may be stored or displayed with or above frozen, commercially processed and packaged, ready-to-eat food.

(c) For purposes of this section, a violation of subsection (a)(1)(A) through (a)(1)(C) or subsection (a)(2) is a P item.

(d) For purposes of this section, a violation of subsection (a)(3) through (a)(8) is a core item. (Indiana Department of Health; 410 IAC 7-26-175; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA)

410 IAC 7-26-176 410 IAC 7-26-176 Food storage containers; identified with common name of food

410 IAC 7-26-176 Food storage containers; identified with common name of food

Authority: IC 16-42-5-5

Affected: IC 16-42-5

Sec. 176. (a) Except for containers holding food that can be readily and unmistakably recognized, such as dry pasta, working containers holding food or food ingredients that are removed from their original packages for use in the retail food establishment, including:

(1) cooking oils;

(2) flour;

(3) herbs;

(4) potato flakes;

(5) salt;

(6) spices; and

(7) sugar;

must be identified with the common name of the food.

(b) For purposes of this section, a violation of subsection (a) is a core item. (Indiana Department of Health; 410 IAC 7-26-176; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA)

410 IAC 7-26-177 410 IAC 7-26-177 Pasteurized eggs; substitute for raw eggs for certain recipes

410 IAC 7-26-177 Pasteurized eggs; substitute for raw eggs for certain recipes

Authority: IC 16-42-5-5

Affected: IC 16-42-5

Sec. 177. (a) Pasteurized eggs or egg products may be substituted for raw eggs in the preparation of foods, such as Caesar salad, hollandaise or Béarnaise sauce, mayonnaise, meringue, eggnog, ice cream, and egg-fortified beverages that are not:

(1) cooked as specified under section 198(a)(1) or 198(a)(2) of this rule; or

(2) included in section 198(d) of this rule.

(b) For purposes of this section, a violation of subsection (a) is a P item. (Indiana Department of Health; 410 IAC 7-26-177; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA)

410 IAC 7-26-178 410 IAC 7-26-178 Protection from unapproved additives

410 IAC 7-26-178 Protection from unapproved additives

Authority: IC 16-42-5-5

Affected: IC 16-42-5

Sec. 178. (a) As specified in section 163 of this rule, food must be protected from contamination that may result from the addition of:

(1) unsafe or unapproved food or color additives; and

(2) unsafe or unapproved levels of approved food and color additives.

(b) A food employee shall not:

(1) apply sulfiting agents to fresh fruits and vegetables intended for raw consumption or to a food considered to be a good source of vitamin B1;or

(2) except for grapes, serve or sell food specified under subdivision (1) that is treated with sulfiting agents before the retail food establishment receives the food.

(c) For purposes of this section, a violation of subsection (a) or (b) is a P item. (Indiana Department of Health; 410 IAC 7-26-178; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA)

410 IAC 7-26-179 410 IAC 7-26-179 Washing fruits and vegetables

410 IAC 7-26-179 Washing fruits and vegetables

Authority: IC 16-42-5-5

Affected: IC 16-42-5

Sec. 179. (a) Except as specified in subsection (b), and except for whole, raw fruits and vegetables intended for washing by the consumer before consumption, raw fruits and vegetables must be thoroughly washed in water to remove soil and other contaminants before being cut, combined with other ingredients, cooked, served, or offered for human consumption in ready-to-eat form.

(b) Fruits and vegetables may be washed by using chemicals as specified under section 462 of this rule and a test kit or other device that accurately measures the active ingredient concentration of the fruit and vegetable wash solution may be used.

(c) Devices used for onsite generation of chemicals meeting the requirements specified in 21 CFR 173.315 for the washing of raw, whole fruits and vegetables shall be used in accordance with the manufacturer's instructions.

(d) For purposes of this section, a violation of subsection (a) is a core item.

(e) For purposes of this section, a violation of subsection (c) is a PF item. (Indiana Department of Health; 410 IAC 7-26-179; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA)

410 IAC 7-26-180 410 IAC 7-26-180 Ice used as exterior coolant; prohibited as ingredient

410 IAC 7-26-180 Ice used as exterior coolant; prohibited as ingredient

Authority: IC 16-42-5-5

Affected: IC 16-42-5

Sec. 180. (a) After use as a medium for cooling the exterior surfaces of:

(1) food, such as melons or fish;

(2) packaged foods, such as canned beverages; or

(3) cooling coils and tubes of equipment;

ice may not be used as food.

(b) For purposes of this section, a violation of subsection (a) is a P item. (Indiana Department of Health; 410 IAC 7-26-180; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA)

410 IAC 7-26-181 410 IAC 7-26-181 Storage or display of food in contact with water or ice

410 IAC 7-26-181 Storage or display of food in contact with water or ice

Authority: IC 16-42-5-5

Affected: IC 16-42-5

Sec. 181. (a) Packaged food may not be stored in direct contact with ice or water if the food is subject to the entry of water because of the nature of its packaging, wrapping, or container or its positioning in the ice or water.

(b) Except as specified in subsections (c) and (d), unpackaged food may not be stored in direct contact with undrained ice.

(c) The following may be immersed in ice or water:

(1) Whole, raw fruits or vegetables.

(2) Cut, raw vegetables, such as celery or carrot sticks or cut potatoes.

(3) Tofu.

(d) Raw poultry and fish received immersed in ice in shipping containers may remain in that condition while in storage awaiting preparation, display, service, or sale.

(e) For purposes of this section, a violation of subsection (a) or (b) is a core item. (Indiana Department of Health; 410 IAC 7-26-181; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA)

410 IAC 7-26-182 410 IAC 7-26-182 Food contact with equipment and utensils

410 IAC 7-26-182 Food contact with equipment and utensils

Authority: IC 16-42-5-5

Affected: IC 16-42-5

Sec. 182. (a) Food may only contact surfaces of:

(1) equipment and utensils that are cleaned as specified under sections 306 through 315 of this rule, and sanitized as specified under sections 316 through 318 of this rule;

(2) single-service and single-use articles;

(3) linens, such as cloth napkins, as specified under section 184 of this rule that are laundered as specified under sections 319 through 323 of this rule; or

(4) wood as specified under section 232(c) of this rule.

(b) For purposes of this section, a violation of subsection (a) is a P item. (Indiana Department of Health; 410 IAC 7-26-182; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA)

410 IAC 7-26-183 410 IAC 7-26-183 In-use utensils; between-use storage

410 IAC 7-26-183 In-use utensils; between-use storage

Authority: IC 16-42-5-5

Affected: IC 16-42-5

Sec. 183. (a) During pauses in food preparation or dispensing, food preparation and dispensing utensils shall be stored:

(1) except as specified under subdivision (2), in the food with their handles above the top of the food and container;

(2) in food that is not TCS food with their handles above the top of the food in containers or equipment that can be closed, such as bins of sugar, flour, or cinnamon;

(3) on a clean portion of the food preparation table or cooking equipment only if the in-use utensil and food contact surface of the food preparation table or cooking equipment is cleaned and sanitized at a frequency specified under sections 307 and 317 of this rule;

(4) in running water of sufficient velocity to flush particulates to the drain, if used with moist food, such as ice cream or mashed potatoes;

(5) in a clean, protected location if the utensils, such as ice scoops, are used only with a food that is not a TCS food; or

(6) in a container of water if the water is maintained at a temperature of at least one hundred thirty-five (135) degrees Fahrenheit, fifty-seven (57) degrees Celsius, and the container is cleaned at a frequency specified under section 307(d)(7) of this rule.

(b) For purposes of this section, a violation of subsection (a) is a core item. (Indiana Department of Health; 410 IAC 7-26-183; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA)

410 IAC 7-26-184 410 IAC 7-26-184 Linens and napkins; use limitation

410 IAC 7-26-184 Linens and napkins; use limitation

Authority: IC 16-42-5-5

Affected: IC 16-42-5

Sec. 184. (a) Linens, such as cloth napkins, may not be used in contact with food unless they are used to line a container for the service of foods and the linens and napkins are replaced each time the container is refilled for a new consumer.

(b) For purposes of this section, a violation of subsection (a) is a core item. (Indiana Department of Health; 410 IAC 7-26-184; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA)

410 IAC 7-26-185 410 IAC 7-26-185 Wiping cloths; used for one purpose

410 IAC 7-26-185 Wiping cloths; used for one purpose

Authority: IC 16-42-5-5

Affected: IC 16-42-5

Sec. 185. (a) Cloths in use for wiping food spills from tableware and carry-out containers that occur as food is being served must be:

(1) kept dry; and

(2) used for no other purpose.

(b) Cloths in use for wiping counters and other equipment surfaces must be:

(1) held between uses in a chemical sanitizer solution at a concentration specified under section 299 of this rule; and

(2) laundered daily as specified under section 320(d) of this rule.

(c) Cloths in use for wiping surfaces in contact with raw animal foods must be kept separate from cloths used for other purposes.

(d) Dry wiping cloths and the chemical sanitizing solutions specified in subsection (b)(1) in which wet wiping cloths are held between uses must be free of food debris and visible soil.

(e) Containers of chemical sanitizing solutions specified in subsection (b)(1) in which wet wiping cloths are held between uses must be stored off the floor and used in a manner that prevents contamination of food, equipment, utensils, linens, single-service, or single-use articles.

(f) Single-use disposable sanitizer wipes must be used in accordance with EPA approved manufacturer's label use instructions.

(g) For purposes of this section, a violation of subsections (a) through (f) is a core item. (Indiana Department of Health; 410 IAC 7-26-185; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA)

410 IAC 7-26-186 410 IAC 7-26-186 Gloves; use limitation

410 IAC 7-26-186 Gloves; use limitation

Authority: IC 16-42-5-5

Affected: IC 16-42-5

Sec. 186. (a) If used, single-use gloves shall be:

(1) used for only one (1) task, such as working with ready-to-eat food or raw animal food;

(2) used for no other purpose; and

(3) discarded when:

(A) damaged or soiled; or

(B) interruptions occur in the operation.

(b) Except as specified in subsection (c), slash-resistant gloves used to protect the hands during operations requiring cutting shall be used in direct contact only with food that is subsequently cooked as specified under sections 198 through 207 of this rule, such as frozen food or a primal cut of meat.

(c) Slash-resistant gloves may be used with ready-to-eat food that will not be subsequently cooked if the slash-resistant gloves:

(1) have a smooth, durable, and nonabsorbent outer surface; or

(2) are covered with a smooth, durable, nonabsorbent glove, or a single-use glove.

(d) Cloth gloves may not be used in direct contact with food unless the food is subsequently cooked as required under sections 198 through 207 of this rule, such as frozen food or a primal cut of meat.

(e) For purposes of this section, a violation of subsection (a) is a P item.

(f) For purposes of this section, a violation of subsection (b), (c), or (d) is a core item. (Indiana Department of Health; 410 IAC 7-26-186; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA)

410 IAC 7-26-187 410 IAC 7-26-187 Using clean tableware for second portions and refills

410 IAC 7-26-187 Using clean tableware for second portions and refills

Authority: IC 16-42-5-5

Affected: IC 16-42-5

Sec. 187. (a) Except for refilling a consumer's drinking cup or container without contact between the pouring utensil and the lip contact area of the drinking cup or container, food employees may not use tableware, including single-service articles, soiled by the consumer, to provide second portions or refills.

(b) Except as specified in subsection (c), self-service consumers may not be allowed to use soiled tableware, including single-service articles, to obtain additional food from the display and serving equipment.

(c) Drinking cups and containers may be reused by self-service consumers if refilling is a contamination-free process as specified under section 251(a)(1), 251(a)(2), and 251(a)(4) of this rule.

(d) For purposes of this section, a violation of subsection (a) or (b) is a core item. (Indiana Department of Health; 410 IAC 7-26-187; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA)

410 IAC 7-26-188 410 IAC 7-26-188 Refilling returnables

410 IAC 7-26-188 Refilling returnables

Authority: IC 16-42-5-5

Affected: IC 16-42-5

Sec. 188. (a) Except as specified in subsections (b) through (e), empty containers returned to a retail food establishment for cleaning and refilling with food must be cleaned and refilled in a regulated food processing plant.

(b) A take-home food container returned to a retail food establishment may be refilled with food if the container is:

(1) designed and constructed for reuse and in accordance with the requirements specified under sections 226 through 272 of this rule;

(2) one that was initially provided by the retail food establishment to the consumer, either empty or filled with food by the establishment, for the purpose of being returned for reuse;

(3) returned to the retail food establishment by the consumer after use; and

(4) subject to the following steps before being refilled with food:

(A) Cleaned as specified under sections 306 through 315 of this rule.

(B) Sanitized as specified under sections 316 through 318 of this rule.

(C) Visually inspected by a food employee to verify that the container, as returned, is in good condition and meets the requirements specified under sections 226 through 272 of this rule.

(c) A take-home food container returned to a retail food establishment may be refilled at the establishment with a beverage if:

(1) the beverage is not a TCS food;

(2) the design of the container and rinsing equipment and the nature of the beverage, when considered together, allow effective cleaning at home or in the establishment;

(3) facilities for rinsing before refilling returned containers with fresh, hot water that is under pressure and not recirculated are provided as part of the dispensing system;

(4) the consumer owned container returned to the retail food establishment for refilling is refilled for sale or service only to the same consumer; and

(5) the container is refilled by:

(A) an employee of the establishment; or

(B) the owner of the container if the beverage system includes a contamination-free transfer process as specified under section 251(a)(1), 251(a)(2), and 251(a)(4) of this rule that cannot be bypassed by the container owner.

(d) Consumer owned, personal take-out beverage containers, such as:

(1) thermally insulated bottles;

(2) nonspill coffee cups; and

(3) promotional beverage glasses;

may be refilled by employees or the consumer if refilling is a contamination-free process as specified under section 251(a)(1), 251(a)(2), and 251(a)(4) of this rule.

(e) Consumer owned containers that are not food-specific may be filled at a water vending machine or system.

(f) For purposes of this section, a violation of subsection (a), (b)(1), (b)(4)(B), or (b)(4)(C) is a P item. (Indiana Department of Health; 410 IAC 7-26-188; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA)

410 IAC 7-26-189 410 IAC 7-26-189 Food storage

410 IAC 7-26-189 Food storage

Authority: IC 16-42-5-5

Affected: IC 16-42-5

Sec. 189. (a) Except as specified in subsections (b) and (c), food must be protected from contamination by storing the food as follows:

(1) In a clean, dry location.

(2) Where it is not exposed to splash, dust, or other contamination.

(3) At least six (6) inches( fifteen (15) centimeters) above the floor.

(b) Food in packages and working containers may be stored less than six (6) inches, fifteen (15) centimeters, above the floor on case lot handling equipment as specified under section 270 of this rule.

(c) Pressurized beverage containers, cased food in waterproof containers, such as bottles or cans, or milk containers in plastic crates may be stored on a floor that is clean and not exposed to floor moisture.

(d) For purposes of this section, a violation of subsection (a) is a core item. (Indiana Department of Health; 410 IAC 7-26-189; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA)

410 IAC 7-26-190 410 IAC 7-26-190 Food storage; prohibited areas

410 IAC 7-26-190 Food storage; prohibited areas

Authority: IC 16-42-5-5

Affected: IC 16-42-5

Sec. 190. (a) Food may not be stored:

(1) in locker rooms;

(2) in toilet rooms;

(3) in dressing rooms;

(4) in garbage rooms;

(5) in mechanical rooms;

(6) under sewer lines not shielded to intercept potential drips;

(7) under leaking water lines, including leaking automatic fire sprinkler heads, or under lines on which water has condensed;

(8) under open stairwells; or

(9) in or under other sources of contamination.

(b) For purposes of this section, a violation of subsection (a)(2) is a PF item.

(c) For purposes of this section, a violation of subsection (a)(1) or subsection (a)(3) through (a)(9) is a core item. (Indiana Department of Health; 410 IAC 7-26-190; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA)

410 IAC 7-26-191 410 IAC 7-26-191 Vended food original container

410 IAC 7-26-191 Vended food original container

Authority: IC 16-42-5-5

Affected: IC 16-42-5

Sec. 191. (a) TCS food dispensed through a vending machine must be in the package in which it was placed at the retail food establishment or food processing plant at which it was prepared.

(b) For purposes of this section, a violation of subsection (a) is a core item. (Indiana Department of Health; 410 IAC 7-26-191; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA)

410 IAC 7-26-192 410 IAC 7-26-192 Preventing contamination during food preparation

410 IAC 7-26-192 Preventing contamination during food preparation

Authority: IC 16-42-5-5

Affected: IC 16-42-5

Sec. 192. (a) During preparation, unpackaged food must be protected from environmental sources of contamination.

(b) For purposes of this section, a violation of subsection (a) is a core item. (Indiana Department of Health; 410 IAC 7-26-192; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA)

410 IAC 7-26-193 410 IAC 7-26-193 Contamination during food display

410 IAC 7-26-193 Contamination during food display

Authority: IC 16-42-5-5

Affected: IC 16-42-5

Sec. 193. (a) Except for nuts in the shell and whole, raw fruits and vegetables intended for hulling, peeling, or washing by the consumer before consumption, food on display must be protected from contamination by the use of:

(1) packaging;

(2) counter, service line, or salad bar food guards;

(3) display cases; or

(4) other effective means.

(b) For purposes of this section, a violation of subsection (a) is a P item. (Indiana Department of Health; 410 IAC 7-26-193; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA)

410 IAC 7-26-194 410 IAC 7-26-194 Contamination of condiments

410 IAC 7-26-194 Contamination of condiments

Authority: IC 16-42-5-5

Affected: IC 16-42-5

Sec. 194. (a) Condiments must be protected from contamination by being kept in:

(1) dispensers designed to provide protection;

(2) protected food displays provided with the proper utensils;

(3) original containers designed for dispensing; or

(4) individual packages or portions.

(b) Condiments at a vending machine or micro market location must be in individual packages or provided in dispensers that are filled at an approved location, such as the following:

(1) The retail food establishment that provides food to the vending machine location.

(2) A food processing plant regulated by the agency that has jurisdiction over the operation.

(3) An adequately equipped area located on the site of the vending machine or micro market location.

(c) For purposes of this section, a violation of subsection (a) or (b) is a core item. (Indiana Department of Health; 410 IAC 7-26-194; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA)

410 IAC 7-26-195 410 IAC 7-26-195 Contamination at consumer self-service operations

410 IAC 7-26-195 Contamination at consumer self-service operations

Authority: IC 16-42-5-5

Affected: IC 16-42-5

Sec. 195. (a) Raw, unpackaged animal food, such as beef, lamb, pork, poultry, and fish may not be offered for consumer self-service. This section does not apply to:

(1) consumer self-service of ready-to-eat foods at buffets or salad bars that serve foods such as sushi or raw shellfish; or

(2) ready-to-cook individual portions for immediate cooking and consumption on the premises, such as:

(A) consumer cooked meats or consumer selected ingredients for Mongolian barbecue; or

(B) raw, frozen, shell-on shrimp or lobster.

(b) Consumer self-service operations for ready-to-eat foods shall be provided with suitable utensils or effective dispensing methods that protect the food from contamination.

(c) Consumer self-service operations, such as buffets and salad bars, shall be monitored by food employees trained in safe operating procedures.

(d) For purposes of this section, a violation of subsection (a) is a Pitem.

(e) For purposes of this section, a violation of subsection (b) or (c) is a PF item. (Indiana Department of Health; 410 IAC 7-26-195; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA)

410 IAC 7-26-196 410 IAC 7-26-196 Returned food; re-service or sale

410 IAC 7-26-196 Returned food; re-service or sale

Authority: IC 16-42-5-5

Affected: IC 16-42-5

Sec. 196. (a) Except as specified in subsection (b), after being served or sold and in the possession of a consumer, food that is unused or returned by the consumer may not be offered as food for human consumption.

(b) Except as specified under section 225(a)(7) of this rule, a container of food that is not a TCS food may be re-served from one (1) consumer to another if:

(1) the food is dispensed so that it is protected from contamination and the container is closed between uses, such as a narrow-neck bottle containing catsup, steak sauce, or wine; or

(2) the food, such as crackers, salt, or pepper, is in an unopened original package and maintained in sound condition.

(c) For purposes of this section, a violation of subsection (a) or (b) is a P item. (Indiana Department of Health; 410 IAC 7-26-196; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA)

410 IAC 7-26-197 410 IAC 7-26-197 Miscellaneous sources of contamination

410 IAC 7-26-197 Miscellaneous sources of contamination

Authority: IC 16-42-5-5

Affected: IC 16-42-5

Sec. 197. (a) Food must be protected from contamination that may result from a factor or source not specified under sections 173 through 196 of this rule or section 489 of this rule.

(b) For purposes of this section, a violation of subsection (a) is either a P, PF, or core item based on the regulatory authority's determination of whether or not the violation significantly contributes to food contamination, an illness, or an environmental health hazard. (Indiana Department of Health; 410 IAC 7-26-197; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA)

410 IAC 7-26-198 410 IAC 7-26-198 Cooking of raw animal foods

410 IAC 7-26-198 Cooking of raw animal foods

Authority: IC 16-42-5-5

Affected: IC 16-42-5

Sec. 198. (a) Except as specified under subsections (b) through (d), raw animal foods, such as eggs, fish, meat, poultry, and foods containing these raw animal foods, must be cooked to heat all parts of the food to a temperature and for a time that complies with one (1) of the following methods based on the food that is being cooked:

(1) One hundred forty-five (145) degrees Fahrenheit, sixty-three (63) degrees Celsius, or above for fifteen (15) seconds for:

(A) raw eggs that are broken and prepared in response to a consumer's order and for immediate service; or

(B) fish and intact meat, except as specified under subdivisions (2) and (3).

(2) One hundred fifty-five (155) degrees Fahrenheit, sixty-eight (68) degrees Celsius, for seventeen (17) seconds or the temperature specified in the following chart that corresponds to the holding time for:

(A) ratites;

(B) meats that are not intact meats;

(C) fish if comminuted;

(D) game animals processed as specified in section 161(a) of this rule, if comminuted; or

(E) raw eggs that are not prepared as specified under subdivision (1)(A):

| Minimum Temperature °F (°C) | Minimum Time | | --- | --- | | 145 (63) | 3 minutes | | 150 (66) | 1 minute | | 158 (70) | < 1 second (instantaneous) |

(3) One hundred sixty-five (165) degrees Fahrenheit, seventy-four (74) degrees Celsius, or above for less than one (1) second (instantaneous) for poultry, baluts, game animals, stuffed fish, stuffed meat, stuffed pasta, stuffed poultry, or stuffing containing fish, meat, or poultry.

(b) Whole meat roasts, including beef, corned beef, lamb, pork, and cured pork roasts, such as ham, must be cooked:

(1) in an oven that is preheated to the temperature specified for the roast's weight in the following chart and held at that temperature:

| Oven Type | Oven Temperature Based on Roast Weight | | | --- | --- | --- | | Less than 10 lbs (4.5 kg) | 10 lbs (4.5 kg) or More | | | Still Dry | 350^oF (177^oC) or more | 250^oF (121^oC) or more | | Convection | 325^oF (163^oC) or more | 250^oF (121^oC) or more | | High Humidity¹ | 250^oF (121^oC) or less | 250^oF (121^oC) or less | | ¹ Relative humidity greater than 90% for at least 1 hour as measured in the cooking chamber or exit of the oven; or in a moisture-impermeable bag that provides 100% humidity. | | |

or [sic]

(2) as specified in the following chart, to heat all parts of the food to a temperature and for the holding time that corresponds to that temperature:

| Temperature°F (°C) | Time¹ in Minutes | Temperature°F (°C) | Time¹ in Seconds | | --- | --- | --- | --- | | 130 (54.4) | 112 | 147 (63.9) | 134 | | 131 (55.0) | 89 | 149 (65.0) | 85 | | 133 (56.1) | 56 | 151 (66.1) | 54 | | 135 (57.2) | 36 | 153 (67.2) | 34 | | 136 (57.8) | 28 | 155 (68.3) | 22 | | 138 (58.9) | 18 | 157 (69.4) | 14 | | 140 (60.0) | 12 | 158 (70.00) | 0 | | 142 (61.1) | 8 | | | | 144 (62.2) | 5 | | | | 145 (62.8) | 4 | | | | ¹ Holding time may include post-oven heat rise. | | | |

(c) A raw or an undercooked whole-muscle intact beef steak may be served or offered for sale in a ready-to-eat form if:

(1) the retail food establishment serves a population that is not a highly susceptible population;

(2) the steak is labeled to indicate that it meets the definition of "whole-muscle intact beef" as specified under section 155(e) of this rule; and

(3) the steak is cooked on both the top and bottom to a surface temperature of one hundred forty-five (145) degrees Fahrenheit (sixty-three (63) degrees Celsius) or above and a cooked color change is achieved on all external surfaces.

(d) A raw animal food or partially cooked food may be served or offered for sale upon consumer request or selection in a ready-to-eat form if either:

(1) all of the following are met:

(A) as specified under section 225(a)(3)(A) and 225(a)(3)(B) of this rule, the retail food establishment serves a population that is not a highly susceptible population;

(B) the food, if served or offered for service by consumer selection from a children's menu, does not contain comminuted meat;

(C) the consumer is informed as specified under section 223 of this rule that to ensure its safety, the food must be cooked as specified under subsection (a) or (b); or

(2) the department grants a variance from subsection (a) or (b) as specified in section 483 of this rule based on a HACCP plan that:

(A) is submitted by the owner or operator of the retail food establishment and approved as specified under section 483 of this rule;

(B) documents scientific data or other information showing that a lesser time and temperature regimen results in a safe food; and

(C) verifies that equipment and procedures for food preparation and training of food employees at the retail food establishment meet the conditions of the variance.

(e) For purposes of this section, a violation of subsection (a)(1) [sic] , (a)(1)(A), (a)(1)(B), (a)(2), (a)(3), or (b)(2) is a P item.

(f) For purposes of this section, a violation of subsection (b)(1) is a PF item. (Indiana Department of Health; 410 IAC 7-26-198; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA)

410 IAC 7-26-199 410 IAC 7-26-199 Microwave cooking

410 IAC 7-26-199 Microwave cooking

Authority: IC 16-42-5-5

Affected: IC 16-42-5

Sec. 199. (a) Raw animal foods cooked in a microwave oven must be:

(1) rotated or stirred throughout or midway during cooking to compensate for uneven distribution of heat;

(2) covered to retain surface moisture;

(3) heated to a temperature of at least one hundred sixty-five (165) degrees Fahrenheit, seventy-four (74) degrees Celsius, in all parts of the food; and

(4) allowed to stand covered for two (2) minutes after cooking to obtain temperature equilibrium.

(b) For purposes of this section, a violation of subsection (a)(3) is a P item.

(c) For purposes of this section, a violation of subsection (a)(1), (a)(2), or (a)(4) is a core item. (Indiana Department of Health; 410 IAC 7-26-199; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA)

410 IAC 7-26-200 410 IAC 7-26-200 Plant and TCS foods cooking for hot holding

410 IAC 7-26-200 Plant and TCS foods cooking for hot holding

Authority: IC 16-42-5-5

Affected: IC 16-42-5

Sec. 200. (a) Plant foods and any TCS foods not included under sections 198 and 199 of this rule that are cooked for hot holding must be cooked to a temperature of one hundred thirty-five (135) degrees Fahrenheit, fifty-seven (57) degrees Celsius.

(b) For purposes of this section, a violation of subsection (a) is a PF item. (Indiana Department of Health; 410 IAC 7-26-200; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA)

410 IAC 7-26-201 410 IAC 7-26-201 Noncontinuous cooking of raw animal foods

410 IAC 7-26-201 Noncontinuous cooking of raw animal foods

Authority: IC 16-42-5-5

Affected: IC 16-42-5

Sec. 201. (a) Raw animal foods cooked using a noncontinuous cooking process must be:

(1) subject to an initial heating process that is not longer than sixty (60) minutes in duration;

(2) immediately after initial heating, cooled according to the time and temperature parameters specified for cooked TCS food under section 211(a) of this rule;

(3) after cooling, held frozen or cold, as specified for TCS food under section 213(a)(2) of this rule;

(4) before sale or service, cooked using a process that heats all parts of the food to a temperature and for a time as specified under section 198(a) through 198(c) of this rule;

(5) cooled according to the time and temperature parameters specified for cooked TCS food under section 211(a) of this rule if not:

(A) hot held as specified under section 213(a) of this rule;

(B) served immediately; or

(C) held using time as a public health control as specified under section 216 of this rule after complete cooking; and

(6) prepared and stored according to written procedures that:

(A) have obtained prior approval from the regulatory authority;

(B) are maintained in the retail food establishment and are available to the regulatory authority on request;

(C) describe how the requirements specified under subdivisions (1) through (5) are to be monitored and documented by the owner or operator of the retail food establishment, and the corrective actions to be taken if the requirements are not met;

(D) describe how the foods, after initial heating, but before complete cooking, are to be marked or otherwise identified as foods that must be cooked as specified under subdivision (4) before being offered for sale or service; and

(E) describe how the foods, after initial heating but before cooking as specified under subdivision (4) are to be separated from ready-to-eat foods as specified under section 175(a) of this rule.

(b) For purposes of this section, a violation of subsection (a)(1), (a)(2), (a)(3), (a)(4), or (a)(5) is a P item.

(c) For purposes of this section, a violation of subsection (a)(6) is a PF item. (Indiana Department of Health; 410 IAC 7-26-201; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA)

410 IAC 7-26-202 410 IAC 7-26-202 Manufacturer cooking instruction

410 IAC 7-26-202 Manufacturer cooking instruction

Authority: IC 16-42-5-5

Affected: IC 16-42-5

Sec. 202. (a) Commercially packaged foods that bear a manufacturer's cooking instructions must be cooked according to those instructions before:

(1) use in ready-to-eat foods; or

(2) offered in unpackaged form for human consumption;

unless the manufacturer's instructions specify that the food may be consumed without cooking.

(b) Food for which the manufacturer has provided information that it has not been processed to control pathogens when used in ready–to–eat foods or offered for human consumption must be cooked according to a time and temperature appropriate for the food.

(c) For purposes of this section, a violation of subsection (a) or (b) is a P item. (Indiana Department of Health; 410 IAC 7-26-202; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA)

410 IAC 7-26-203 410 IAC 7-26-203 Parasite destruction

410 IAC 7-26-203 Parasite destruction

Authority: IC 16-42-5-5

Affected: IC 16-42-5

Sec. 203. (a) Before service or sale in ready-to-eat form, raw, raw-marinated, partially cooked, or marinated-partially cooked fish must be:

(1) frozen and stored at a temperature of negative four (-4) degrees Fahrenheit, negative twenty (-20) degrees Celsius, or below for at least one hundred sixty-eight (168) hours, seven (7) days, in a freezer;

(2) frozen at negative thirty-one (-31) degrees Fahrenheit, negative thirty-five (-35) degrees Celsius, or below until solid, and stored at negative thirty-one (-31) degrees Fahrenheit, negative thirty-five (-35) degrees Celsius, for at least fifteen (15) hours; or

(3) frozen at negative thirty-one (-31) degrees Fahrenheit, negative thirty-five (-35) degrees Celsius, or below until solid, and stored at negative four (-4) degrees Fahrenheit, negative twenty (-20) degrees Celsius, or below for at least twenty-four (24) hours.

(b) Subsection (a) does not apply to the following:

(1) Molluscan shellfish.

(2) A scallop product consisting of only the shucked adductor muscle.

(3) Tuna of the following species:

(A) Thunnus alalunga.

(B) Thunnus albacares.

(C) Thunnus atlanticus.

(D) Thunnus maccoyii.

(E) Thunnus obesus.

(F) Thunnus thynnus.

(4) Aquacultured fish, such as salmon, that:

(A) if raised in open water, net-pens, or land-based operations, such as ponds or tanks; and

(B) are fed formulated feed, such as pellets, that contains no live parasites infective to the aquacultured fish.

(5) Fish eggs that have been removed from the skein and rinsed.

(c) For purposes of this section, a violation of subsection (a) is a P item. (Indiana Department of Health; 410 IAC 7-26-203; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA)

410 IAC 7-26-204 410 IAC 7-26-204 Records; creation and retention

410 IAC 7-26-204 Records; creation and retention

Authority: IC 16-42-5-5

Affected: IC 16-42-5

Sec. 204. (a) Except as provided in subsection (b), and as specified in section 203(b) of this rule, if raw, raw-marinated, partially cooked, or marinated-partially cooked fish are served or sold in ready-to-eat form, the person in charge shall record the freezing temperature and time to which the fish are subjected and retain the records of the retail food establishment for ninety (90) calendar days beyond the time of service or sale of the fish.

(b) If fish are frozen by a supplier, a written agreement or statement from the supplier stipulating that the fish supplied are frozen to a temperature and for a time specified under section 203 of this rule may be substituted for the records specified under subsection (a).

(c) If raw, raw-marinated, partially cooked, or marinated-partially cooked fish are served or sold in ready-to-eat form, and the fish are raised and fed as specified in section 203(b)(4) of this rule, a written agreement or statement from the supplier or aquaculturist stipulating that the fish were raised and fed as specified in section 203(b)(4) of this rule shall be obtained by the person in charge and retained in the records of the retail food establishment for ninety (90) calendar days beyond the time of service or sale of the fish.

(d) For purposes of this section, a violation of subsection (a) or (c) is a PF item. (Indiana Department of Health; 410 IAC 7-26-204; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA)

410 IAC 7-26-205 410 IAC 7-26-205 Preparation for immediate service

410 IAC 7-26-205 Preparation for immediate service

Authority: IC 16-42-5-5

Affected: IC 16-42-5

Sec. 205. (a) Cooked and refrigerated food prepared for immediate service in response to an individual consumer order, such as a roast beef sandwich au jus, may be served at any temperature.

(b) For purposes of this section, a violation of subsection (a) is a core item. (Indiana Department of Health; 410 IAC 7-26-205; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA)

410 IAC 7-26-206 410 IAC 7-26-206 Reheating for hot holding

410 IAC 7-26-206 Reheating for hot holding

Authority: IC 16-42-5-5

Affected: IC 16-42-5

Sec. 206. (a) Except as specified under subsections (b), (c), and (e), TCS food that is cooked, cooled, and reheated for hot holding must be reheated so that all parts of the food reach a temperature of at least one hundred sixty-five (165) degrees Fahrenheit, seventy-four (74) degrees Celsius, for fifteen (15) seconds.

(b) Except as specified under subsection (c), TCS food reheated in a microwave oven for hot holding must be reheated so that all parts of the food reach a temperature of at least one hundred sixty-five (165) degrees Fahrenheit, seventy-four (74) degrees Celsius, and the food is rotated or stirred, covered, and allowed to stand covered for two (2) minutes after reheating.

(c) Ready-to-eat TCS food that has been commercially processed and packaged in a food processing plant that is inspected by the regulatory authority that has jurisdiction over the plant must be heated to a temperature of at least one hundred thirty-five degrees (135) Fahrenheit, fifty-seven (57) degrees Celsius, when reheated for hot holding.

(d) Reheating for hot holding as specified under subsections (a) through (c) must be done rapidly and when food is between forty-one (41) degrees Fahrenheit, five (5) degrees Celsius, and the temperatures specified under subsections (a) through (c) may not exceed two (2) hours.

(e) Remaining unsliced portions of meat roasts that are cooked as specified under section 198(b) of this rule may be reheated for hot holding using the oven parameters and minimum time and temperature conditions specified under section 198(b) of this rule.

(f) For purposes of this section, a violation of subsection (a), (b), (c), or (d) is a P item. (Indiana Department of Health; 410 IAC 7-26-206; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA)

410 IAC 7-26-207 410 IAC 7-26-207 Treating juice; other methods

410 IAC 7-26-207 Treating juice; other methods

Authority: IC 16-42-5-5

Affected: IC 16-42-5

Sec. 207. (a) Juice packaged in a retail food establishment must be labeled as specified under section 221 of this rule.

(b) Treated juice must follow the HACCP plan as specified in section 486(a)(2) through 486(a)(5) of this rule to attain a 5-log reduction, which is equal to a ninety-nine and nine hundred ninety-nine thousandths percent (99.999%) reduction, of the most resistant microorganism of public health significance.

(c) Juices that have not been treated as described in subsection (b) must be labeled as specified under section 221 of this rule and 21 CFR 101.17(g), including bearing the following statement: "WARNING: This product has not been pasteurized and, therefore, may contain harmful bacteria that can cause serious illness in children, the elderly, and persons with weakened immune systems.".

(d) For purposes of this section, a violation of subsection (a) or (b) is a P item.

(e) For purposes of this section, a violation of subsection (c) is a PF item. (Indiana Department of Health; 410 IAC 7-26-207; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA)

410 IAC 7-26-208 410 IAC 7-26-208 Temperature control of frozen food

410 IAC 7-26-208 Temperature control of frozen food

Authority: IC 16-42-5-5

Affected: IC 16-42-5

Sec. 208. (a) Stored frozen foods must be maintained frozen.

(b) For purposes of this section, a violation of subsection (a) is a core item. (Indiana Department of Health; 410 IAC 7-26-208; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA)

410 IAC 7-26-209 410 IAC 7-26-209 Temperature control of slacking food

410 IAC 7-26-209 Temperature control of slacking food

Authority: IC 16-42-5-5

Affected: IC 16-42-5

Sec. 209. (a) Frozen TCS food that is slacked to moderate the temperature must be held:

(1) under refrigeration that maintains the food temperature at forty-one (41) degrees Fahrenheit, five (5) degrees Celsius, or less; or

(2) at any temperature if the food remains frozen.

(b) For purposes of this section, a violation of subsection (a) is a core item. (Indiana Department of Health; 410 IAC 7-26-209; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA)

410 IAC 7-26-210 410 IAC 7-26-210 Thawing of food

410 IAC 7-26-210 Thawing of food

Authority: IC 16-42-5-5

Affected: IC 16-42-5

Sec. 210. (a) Except as specified in subdivision (4), TCS food must be thawed:

(1) under refrigeration that maintains the food temperature at not more than forty-one (41) degrees Fahrenheit, five (5) degrees Celsius;

(2) completely submerged under running water:

(A) at a water temperature not more than seventy (70) degrees Fahrenheit, twenty-one (21) degrees Celsius;

(B) with enough water velocity to agitate and float off loose particles in an overflow; and

(C) for a period that does not allow thawed portions of:

(i) ready-to-eat food to rise above forty-one (41) degrees Fahrenheit, five (5) degrees Celsius; or

(ii) a raw animal food requiring cooking as specified under section 198(a) and 198(b) of this rule to be above forty-one (41) degrees Fahrenheit, five (5) degrees Celsius, for more than four (4) hours, including the time:

(AA) the food is exposed to the running water and the time needed for preparation for cooking; or

(BB) it takes under refrigeration to lower the food temperature to forty-one (41) degrees Fahrenheit, five (5) degrees Celsius;

(3) as part of a cooking process if the food that is frozen is:

(A) cooked as specified under section 198(a), 198(b), 199, or 202 of this rule; or

(B) thawed in a microwave oven and immediately transferred to conventional cooking equipment, with no interruption in the process; or

(4) using any procedure if a portion of frozen ready-to-eat food is thawed and prepared for immediate service in response to an individual consumer's order.

(b) Reduced oxygen packaged fish that bears a label indicating it is to be kept frozen until time of use must be removed from the reduced oxygen environment:

(1) before thawing under refrigeration as specified in subsection (a)(1); or

(2) immediately after thawing completely using procedures specified in subsection (a)(2).

(c) For purposes of this section, a violation of subsection (a)(1) through (a)(3) is a PF item.

(d) For purposes of this section, a violation of subsection (b) is a core item. (Indiana Department of Health; 410 IAC 7-26-210; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA)

410 IAC 7-26-211 410 IAC 7-26-211 TCS food; cooling

410 IAC 7-26-211 TCS food; cooling

Authority: IC 16-42-5-5

Affected: IC 16-42-5

Sec. 211. (a) Cooked TCS food must be cooled as follows:

(1) Within two (2) hours, from one hundred thirty-five (135) degrees Fahrenheit, fifty-seven (57) degrees Celsius, to seventy (70) degrees Fahrenheit, twenty-one (21) Celsius.

(2) Within a total of six (6) hours, from not more than one hundred thirty-five (135) degrees Fahrenheit, fifty-seven (57) degrees Celsius, to forty-one (41) degrees Fahrenheit, five (5) degrees Celsius.

(b) TCS food must be cooled within four (4) hours to forty-one (41) degrees Fahrenheit, five (5) degrees Celsius, or less if prepared from ingredients at ambient temperature, such as reconstituted foods and canned tuna.

(c) Except as specified under subsection (d), a TCS food received in compliance with laws allowing a temperature above forty-one (41) degrees Fahrenheit, five (5) degrees Celsius, during shipment from the supplier as specified in section 162(b) of this rule must be cooled within four (4) hours to not more than forty-one (41) degrees Fahrenheit, five (5) degrees Celsius.

(d) Raw shell eggs must be received as specified under section 162(c) of this rule and immediately placed in refrigerated equipment that maintains an ambient air temperature of not more than forty-five (45) degrees Fahrenheit, seven (7) degrees Celsius.

(e) For purposes of this section, a violation of subsection (a), (b), (c), or (d) is a P item. (Indiana Department of Health; 410 IAC 7-26-211; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA)

410 IAC 7-26-212 410 IAC 7-26-212 Cooling methods

410 IAC 7-26-212 Cooling methods

Authority: IC 16-42-5-5

Affected: IC 16-42-5

Sec. 212. (a) Cooling methods shall be conducted under the time and temperature criteria specified under section 211 of this rule by using at least one (1) of the following methods based on the type of food being cooled:

(1) Placing the food in shallow pans.

(2) Separating the food into smaller or thinner portions.

(3) Using rapid cooling equipment.

(4) Stirring the food in a container placed in an ice water bath.

(5) Using containers that facilitate heat transfer.

(6) Adding ice as an ingredient.

(7) Other effective methods.

(b) When placed in cooling or cold holding equipment, food containers in which food is being cooled must be:

(1) arranged in the equipment to provide maximum heat transfer through the container walls; and

(2) loosely covered, or uncovered if protected from overhead contamination as specified under section 189(a)(2) of this rule, during the cooling period to facilitate heat transfer from the surface of the food.

(c) For purposes of this section, a violation of subsection (a) is a PF item.

(d) For purposes of this section, a violation of subsection (b) is a core item. (Indiana Department of Health; 410 IAC 7-26-212; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA)

410 IAC 7-26-213 410 IAC 7-26-213 TCS food; hot and cold holding

410 IAC 7-26-213 TCS food; hot and cold holding

Authority: IC 16-42-5-5

Affected: IC 16-42-5

Sec. 213. (a) Except during preparation, cooking, or cooling, or when time is used as the public health control as specified under section 216 of this rule, and except as specified under subsections (b) and (c), TCS food must be maintained:

(1) at not less than one hundred thirty-five (135) degrees Fahrenheit, fifty-seven (57) degrees Celsius, but roasts cooked to a temperature and for a time specified under section 198(b) of this rule, or reheated as specified in section 206(e) of this rule, may be held at not less than one hundred thirty (130) degrees Fahrenheit, fifty-four (54) degrees Celsius; or

(2) at forty-one (41) degrees Fahrenheit, five (5) degrees Celsius, or less.

(b) Raw shell eggs that have not been treated to destroy all viable Salmonellae must be stored in refrigerated equipment that maintains an ambient air temperature of forty-five (45) degrees Fahrenheit, seven (7) degrees Celsius, or less.

(c) TCS food in a homogenous liquid form may be maintained outside the temperature control requirements, as specified under subsection (a), while contained within specially designed equipment that complies with the design and construction requirements as specified under section 251(a)(5) of this rule.

(d) For purposes of this section, a violation of subsection (a) or (b) is a P item. (Indiana Department of Health; 410 IAC 7-26-213; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA)

410 IAC 7-26-214 410 IAC 7-26-214 Ready-to-eat TCS food; date marking

410 IAC 7-26-214 Ready-to-eat TCS food; date marking

Authority: IC 16-42-5-5

Affected: IC 16-42-5

Sec. 214. (a) Except when packaging food using a reduced oxygen packaging method as specified under section 218 of this rule, and except as specified in subsection (e), refrigerated, ready-to-eat TCS food prepared on-premises and held in a retail food establishment for more than twenty-four (24) hours must be clearly marked to indicate the date or day by which the food must be consumed on the premises, sold, or discarded when held at a temperature of not more than forty-one (41) degrees Fahrenheit, five (5) degrees Celsius for a maximum of seven (7) days. The day of preparation is counted as day one (1).

(b) Except as specified in subsections (e) and (f), refrigerated, ready-to-eat TCS food prepared and packaged by a food processing plant must be clearly marked, at the time the original container is opened in a retail food establishment and if the food is held for more than twenty-four (24) hours, to indicate the date or day by which the food must be consumed on the premises, sold, or discarded, based on the temperature and time combinations specified in subsection (a) and the following apply:

(1) The day the original container is opened in the establishment is counted as day one (1).

(2) The day or date marked by the establishment may not exceed a manufacturer's use-by date if the manufacturer determined the use-by date based on food safety.

(c) A refrigerated, ready-to-eat TCS food or portion of a refrigerated TCS food that is subsequently combined with additional ingredients or portions of food must retain the date marking of the earliest or first prepared ingredient.

(d) A date marking system that meets the criteria stated in subsections (a) and (b) may include:

(1) using a method approved by the regulatory authority for refrigerated, ready-to-eat TCS food that is frequently rewrapped, such as lunchmeat or a roast, or for which date marking is impractical, such as soft serve mix or milk in a dispensing machine;

(2) marking the date or day of preparation, with a procedure to discard the food on or before the last date or day by which the food must be consumed on the premises, sold, or discarded as specified under subsection (a);

(3) marking the date or day the original container is opened in the establishment, with a procedure to discard the food on or before the last date or day by which the food must be consumed on the premises, sold, or discarded as specified under subsection (b); or

(4) using calendar dates, days of the week, color-coded marks, or other effective marking methods, provided the marking system is disclosed to the regulatory authority on request.

(e) Subsections (a) and (b) do not apply to:

(1) individual meal portions served or repackaged for sale from a bulk container on a consumer's request; or

(2) shellstock.

(f) Subsection (b) does not apply to the following foods prepared and packaged by a food processing plant inspected by a regulatory authority:

(1) Deli salads, such as:

(A) ham;

(B) seafood;

(C) chicken;

(D) egg;

(E) pasta;

(F) potato; and

(G) macaroni;

salad, manufactured in accordance with 21 CFR 117.

(2) Hard cheeses containing not more than thirty-nine percent (39%) moisture as defined in 21 CFR 133, such as:

(A) cheddar;

(B) gruyere;

(C) parmesan;

(D) parmigiano reggiano; and

(E) romano.

(3) Semisoft cheeses containing more than thirty-nine percent (39%) moisture, but not more than fifty percent (50%) moisture, as defined in 21 CFR 133, such as:

(A) blue;

(B) edam;

(C) gorgonzola;

(D) gouda; and

(E) monterey jack.

(4) Cultured dairy products as defined in 21 CFR 131, such as yogurt, sour cream, and buttermilk.

(5) Preserved fish products, such as pickled herring and dried or salted cod, and other acidified fish products defined in 21 CFR 114.

(6) Shelf stable, dry fermented sausages, such as pepperoni and genoa.

(7) Shelf stable salt-cured products, such as prosciutto and Parma (ham).

(g) For purposes of this section, a violation of subsection (a), (b), or (c) is a PF item. (Indiana Department of Health; 410 IAC 7-26-214; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA)

410 IAC 7-26-215 410 IAC 7-26-215 Ready-to-eat TCS food; disposition

410 IAC 7-26-215 Ready-to-eat TCS food; disposition

Authority: IC 16-42-5-5

Affected: IC 16-42-5

Sec. 215. (a) A food specified in section 214(a) or 214(b) of this rule must be discarded if it:

(1) exceeds either of the temperature and time combinations specified in section 213(a), except for time the product is frozen;

(2) is in a container or package that does not bear a date or day; or

(3) is appropriately marked with a date or day that exceeds a temperature and time combination as specified in section 214(a) of this rule.

(b) Refrigerated, ready-to-eat TCS food prepared in a retail food establishment and dispensed through a vending machine with an automatic shutoff control must be discarded if it exceeds a temperature and time combination as specified in section 214(a) of this rule.

(c) For purposes of this section, a violation of subsection (a) or (b) is a P item. (Indiana Department of Health; 410 IAC 7-26-215; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA)

410 IAC 7-26-216 410 IAC 7-26-216 Time as a public health control

410 IAC 7-26-216 Time as a public health control

Authority: IC 16-42-5-5

Affected: IC 16-42-5

Sec. 216. (a) Except as specified under subsection (d), if time without temperature control is used as the public health control for a working supply of TCS food before cooking, or for ready-to-eat TCS food displayed or held for sale or service:

(1) written procedures shall be prepared in advance, maintained in the retail food establishment, and made available to the regulatory authority on request that specify:

(A) methods of compliance with subsection (b)(1) through (b)(4) or subsection (c); and

(B) methods of compliance with section 211 of this rule for food that is prepared, cooked, and refrigerated before time is used as a public health control.

(b) The following apply if time without temperature control is used as the public health control for not more than four (4) hours:

(1) The food must have an initial temperature of not more than forty-one (41) degrees Fahrenheit, five (5) degrees Celsius, when removed from cold holding temperature control, or one hundred thirty-five (135) degrees Fahrenheit, fifty-seven (57) degrees Celsius, or greater when removed from hot holding temperature control.

(2) The food may have an initial temperature of not more than seventy (70) degrees Fahrenheit, twenty-one (21) degrees Celsius if:

(A) it is a ready-to-eat fruit or vegetable that after cutting is rendered a TCS food as defined in section 125 of this rule;

(B) it is a ready-to-eat, hermetically sealed food that after opening is rendered a TCS food as defined in section 125 of this rule;

(C) the food temperature does not exceed seventy (70) degrees Fahrenheit, twenty-one (21) degrees Celsius, within a maximum period of four (4) hours after the time it was rendered a TCS food; and

(D) the food is marked or otherwise identified to indicate the time that is four (4) hours past the time when the food is rendered a TCS food as specified in clauses (A) and (B).

(3) The food must be marked or otherwise identified to indicate the time that is four (4) hours past the point in time when the food is removed from temperature control.

(4) The food must be cooked and served, served at any temperature if ready-to-eat, or discarded within four (4) hours after the time when the food is removed from temperature control.

(5) Food in unmarked containers or packages, or marked to exceed a four (4) hour limit, must be discarded.

(c) The following apply if time without temperature control is used as the public health control for not more than six (6) hours:

(1) The food must have an initial temperature of forty-one (41) degrees Fahrenheit, five (5) degrees Celsius, or less when removed from temperature control, and the food temperature may not exceed seventy (70) degrees Fahrenheit twenty-one (21) degrees Celsius, within a maximum period of six (6) hours.

(2) The food must be monitored to ensure the warmest portion of the food does not exceed seventy (70) degrees Fahrenheit, twenty-one (21) degrees Celsius, during the six (6) hour period, unless an ambient air temperature is maintained that ensures the food does not exceed seventy (70) degrees Fahrenheit, twenty-one (21) degrees Celsius, during the six (6) hour holding period.

(3) The food must be marked or otherwise identified to indicate:

(A) the time when the food is removed from forty-one (41) degrees Fahrenheit, five (5) degrees Celsius, or less cold holding temperature control; and

(B) the time that is six (6) hours after the time when the food is removed from cold holding temperature control.

(4) The food must be:

(A) discarded if the temperature of the food exceeds seventy (70) degrees Fahrenheit, twenty-one (21) degrees Celsius; or

(B) cooked and served, served at any temperature if ready-to-eat, or discarded within not more than of six (6) hours after the time when the food is removed from at least forty-one (41) degrees Fahrenheit, five (5) degrees Celsius cold holding temperature control.

(5) Food in unmarked containers or packages, or marked with a time that exceeds the six (6) hour limit, must be discarded.

(d) A retail food establishment that serves a highly susceptible population may not use time as specified under subsections (a), (b), or (c) [subsection (a), (b), or (c)] as the public health control for raw eggs.

(e) For purposes of this section, a violation of subsection (b)(1), (b)(4), (b)(5), (c)(1), (c)(4), or (c)(5) is a P item.

(f) For purposes of this section, a violation of subsection (a), (b)(3), (c)(2), or (c)(3) is a PF item.

(g) For purposes of the section, a violation of subsections (b)(2) and (d) is a core item. (Indiana Department of Health; 410 IAC 7-26-216; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA)

410 IAC 7-26-217 410 IAC 7-26-217 Specialized processing methods; variance requirement

410 IAC 7-26-217 Specialized processing methods; variance requirement

Authority: IC 16-42-5-5

Affected: IC 16-42-5

Sec. 217. (a) An owner or operator of a retail food establishment must obtain a variance from the department as specified under section 483 of this rule before doing the following:

(1) Smoking food as a method of food preservation rather than as a method of flavor enhancement.

(2) Curing food.

(3) Using food additives or adding components, such as vinegar:

(A) as a method of food preservation rather than as a method of flavor enhancement; or

(B) as a method to render a TCS food so that it is no longer TCS.

(4) Packaging TCS food using a reduced oxygen packaging method, except where the growth of and toxin formation by Clostridium botulinum and the growth of Listeria monocytogenes are controlled as specified under section 218 of this rule.

(5) Operating a molluscan shellfish life-support system display tank used to store or display shellfish offered for human consumption.

(6) Sprouting seeds or beans.

(7) Freeze drying food.

(8) Fermenting food with or without a casing. A casing is a tubular container for sausage products made of either natural or artificial (synthetic) material.

(9) Preparing food by another method determined by the regulatory authority to be a special process that requires a variance.

(b) For purposes of this section, a violation of subsection (a) is a PF item. (Indiana Department of Health; 410 IAC 7-26-217; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA)

410 IAC 7-26-218 410 IAC 7-26-218 Criteria for reduced oxygen packaging without a variance

410 IAC 7-26-218 Criteria for reduced oxygen packaging without a variance

Authority: IC 16-42-5-5

Affected: IC 16-42-5

Sec. 218. (a) Except for a retail food establishment that obtains a variance as specified under section 217 of this rule, a retail food establishment that packages TCS food using a reduced oxygen packaging method shall control the growth and toxin formation of Clostridium botulinum and the growth of Listeria monocytogenes.

(b) Except as specified under subsection (f), a retail food establishment that packages TCS food using a reduced oxygen packaging method shall implement a HACCP plan that contains the information specified under section 486(a)(3) and 486(a)(4) of this rule and includes all the following:

(1) Identifies the food to be packaged.

(2) Except as specified under subsections (c) through (e), requires the packaged food must be maintained at not more than forty-one (41) degrees Fahrenheit, five (5) degrees Celsius and meet at least one (1) of the following criteria:

(A) Has an a_w of not more than 0.91.

(B) Has a pH of not more than 4.6.

(C) Is a meat or poultry product cured at a food processing plant regulated by the USDA using substances specified in 9 CFR 424.21 and is received in an intact package.

(D) Is a food with a high level of competing organisms, such as raw meat, poultry, or vegetables.

(3) Describes how the package shall be prominently and conspicuously labeled on the principal display panel in bold type on a contrasting background, with instructions to:

(A) maintain the food at forty-one (41) degrees Fahrenheit, five (5) degrees Celsius, or below; and

(B) discard the food within thirty (30) calendar days of its packaging if:

(i) it is not served for on-premises consumption; or

(ii) consumed if served or sold for off-premises consumption.

(4) Limits the refrigerated shelf life to not more than thirty (30) calendar days from packaging to consumption, except the time the product is maintained frozen, or the original manufacturer's "sell by" or "use by" date, whichever occurs first.

(5) Includes operational procedures that include all the following:

(A) Prohibit contacting ready-to-eat food with bare hands as specified under section 173 of this rule.

(B) Identify a designated work area and the method by which:

(i) physical barriers or methods of separation of raw foods and ready-to-eat foods minimize cross-contamination;and

(ii) access to the processing equipment is limited to responsible trained personnel familiar with the potential hazards of the operation.

(C) Delineate cleaning and sanitization procedures for food contact surfaces.

(6) Describes the training program that ensures that the individual responsible for the reduced oxygen packaging operation understands the:

(A) concepts required for a safe operation;

(B) equipment and facilities; and

(C) procedures specified under subdivision (5) and section 486(a)(3) and 486(a)(4) of this rule.

(7) Is provided to the regulatory authority before implementation as specified under section 485(b) of this rule.

(c) Except for fish that is frozen before, during, and after packaging and bears a label indicating it is to be kept frozen until time of use, a retail food establishment may not package fish using a reduced oxygen packaging method.

(d) Except as specified under subsections (c) and (f), a retail food establishment that packages TCS food using a cook-chill or sous vide process shall do the following:

(1) Provide to the regulatory authority, before implementation, a HACCP plan that contains the information as specified under section 486(a)(3) and 486(a)(4) of this rule.

(2) Ensure the food is as follows:

(A) Prepared and consumed on the premises or prepared and consumed off the premises, but within the same business entity with no distribution or sale of the packaged product to another business entity or the consumer.

(B) Cooked to heat all parts of the food to a temperature and for a time as specified under section 198(a) through 198(c) of this rule.

(C) Protected from contamination before and after cooking as specified under sections 173 through 207 of this rule.

(D) Placed in a package with an oxygen barrier and sealed before cooking, or placed in a package and sealed immediately after cooking and before reaching a temperature below one hundred thirty-five (135) degrees Fahrenheit, fifty-seven (57) degrees Celsius.

(E) Cooled to forty-one (41) degrees Fahrenheit, five (5) degrees Celsius, in the sealed package or bag as specified under section 192 of this rule and:

(i) cooled to thirty-four (34) degrees Fahrenheit, one (1) degree Celsius, within forty-eight (48) hours of reaching forty-one (41) degrees Fahrenheit, five (5) degrees Celsius, and held at that temperature until consumed or discarded within thirty (30) days after the date of packaging;

(ii) held at forty-one (41) degrees Fahrenheit, five (5) degrees Celsius, for not more than seven (7) days, at which time the food must be consumed or discarded;

(iii) Cooled to thirty-four (34) degrees Fahrenheit, one (1) degree Celsius, within forty-eight (48) hours of reaching forty-one (41) degrees Fahrenheit, five (5) degrees Celsius, removed from refrigeration equipment that maintains a thirty-four (34) degrees Fahrenheit, one (1) degree Celsius, food temperature, and held at forty-one (41) degrees Fahrenheit, five (5) degrees Celsius or less for not more than seven (7) days, not to exceed thirty (30) days from its date of packaging, at which time the food must be consumed or discarded; or

(iv) held frozen with no shelf life restriction while frozen until consumed or used.

(F) Held in a refrigeration unit equipped with an electronic system that continuously monitors time and temperature and is visually examined for proper operation twice daily.

(G) If transported off-site to a satellite location of the same business entity, equipped with verifiable electronic monitoring devices to ensure that times and temperatures are monitored during transportation.

(H) Labeled with the product name and the date packaged.

(3) Maintain the records required to confirm that cooling and cold holding refrigeration time and temperature parameters are required as part of the HACCP plan and:

(A) make those records available to the regulatory authority on request; and

(B) hold those records for at least six (6) months.

(4) Implement written operational procedures as specified under subsection (b)(5), and a training program as specified under subsection (b)(6).

(e) Except as specified under subsection (f), a retail food establishment that packages cheese using a reduced oxygen packaging method shall do all the following:

(1) Limit the cheeses packaged to those that are commercially manufactured in a food processing plant, with no ingredients added in the retail food establishment and that meet the standards of identity as specified in 21 CFR 133.150, 21 CFR 133.169, or 21 CFR 133.187.

(2) Have a HACCP plan that contains the information specified under section 486(a)(3) and 486(a)(4) of this rule, and as specified under subsection (b)(1), (b)(3)(A), (b)(5), and (b)(6).

(3) Label the package on the principal display panel with a "use by" date that does not exceed thirty (30) days from its packaging, or the original manufacturer's "sell by" or "use by" date, whichever occurs first.

(4) Discard the reduced oxygen packaged cheese if it is not sold for off-premises consumption or consumed within thirty (30) calendar days of its packaging.

(f) A HACCP plan is not required when a retail food establishment uses a reduced oxygen packaging method to package TCS food that is always:

(1) labeled with the production time and date;

(2) held at forty-one (41) degrees Fahrenheit, five (5) degrees Celsius, or less during refrigerated storage; and

(3) removed from its package in the retail food establishment within forty-eight (48) hours after packaging.

(g) For purposes of this section, a violation of subsection (a), (b)(4), (c), (d)(2)(B), (d)(2)(C), (d)(2)(D), (d)(2)(E), or (e)(1) is a P item.

(h) For purposes of this section, a violation of subsection (b)(1), (b)(2), (b)(3), (b)(5), (b)(6), (d)(1), (d)(2)(A), (d)(2)(F), (d)(2)(G), (d)(2)(H), (d)(3), (d)(4), (e)(2), (e)(3), or (e)(4) is a PF item.

(i) For purposes of this section, a violation of subsection (b)(7) is a core item. (Indiana Department of Health; 410 IAC 7-26-218; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA)

410 IAC 7-26-219 410 IAC 7-26-219 Accurate representation of food using standards of identity

410 IAC 7-26-219 Accurate representation of food using standards of identity

Authority: IC 16-42-2-1

Affected: IC 16-42-5

Sec. 219. (a) Packaged food must comply with standards of identity requirements in 21 CFR 131 through 21 CFR 169 and 9 CFR 319, and the general requirements in 21 CFR 130 and 9 CFR 319 Subpart A.

(b) For purposes of this section, a violation of subsection (a) is a core item. (Indiana Department of Health; 410 IAC 7-26-219; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA)

410 IAC 7-26-220 410 IAC 7-26-220 Honest presentation of food

410 IAC 7-26-220 Honest presentation of food

Authority: IC 16-42-5-5

Affected: IC 16-42-5

Sec. 220. (a) Food shall be offered for human consumption in a way that does not mislead or misinform the consumer.

(b) Food or color additives, colored overwraps, or lights may not be used to misrepresent the true appearance, color, or quality of a food.

(c) For purposes of this section, a violation of subsection (a) or (b) is a core item. (Indiana Department of Health; 410 IAC 7-26-220; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA)

410 IAC 7-26-221 410 IAC 7-26-221 Food labels

410 IAC 7-26-221 Food labels

Authority: IC 16-42-5-5

Affected: IC 16-42-1; IC 16-42-2

Sec. 221. (a) Food packaged in a retail food establishment must be labeled as specified in law, including the following:

(1) IC 16-42-1.

(2) IC 16-42-2.

(3) 410 IAC 7-5.

(4) 21 CFR 101.

(5) 9 CFR 317.

(b) Label information must include all the following:

(1) The common name of the food or, absent a common name, an adequately descriptive identity statement.

(2) If made from at least two (2) ingredients, a list of ingredients in descending order of predominance by weight, including a declaration of artificial color or flavor and chemical preservatives if contained in the food.

(3) An accurate declaration of the net quantity of contents.

(4) The name and place of business of the manufacturer, packer, or distributor.

(5) The name of the food source for each major food allergen contained in the food unless the food source is already part of the common or usual name of the respective ingredient.

(6) Except as exempted in the Federal Food, Drug, and Cosmetic Act 414(q)(3) through 414(q)(5), nutrition labeling as specified in 21 CFR 101 and 9 CFR 317 Subpart B.

(7) For salmonid fish containing canthaxanthin or astaxanthin as a color additive, the labeling of the bulk fish container, including a list of ingredients, displayed on the retail container or by other written means, such as a counter card, that discloses the use of canthaxanthin or astaxanthin.

(c) Bulk food, either packaged or unpackaged, that is available for consumer self dispensing and not intended for immediate consumption must be prominently labeled with either of the following in plain view of the consumer:

(1) The manufacturer's or processor's label that was provided with the food.

(2) A card, sign, or other method of notification that includes the information specified under subsection (b)(1), (b)(2), (b)(5), and (b)(6).

(d) Bulk, unpackaged food, such as bakery products and unpackaged foods portioned to consumer specifications, need not be labeled if:

(1) a health, nutrient content, or other claim is not made; and

(2) the food is manufactured or prepared on the premises of the retail food establishment or at a food processing plant owned by the same person and regulated by the food regulatory agency that has jurisdiction.

(e) For purposes of this section, a violation of subsection (b)(5) is a PF item.

(f) For purposes of this section, a violation of subsection (a), (b)(1), (b)(2), (b)(3), (b)(4), (b)(6), (b)(7), (c), or (d) is a core item. (Indiana Department of Health; 410 IAC 7-26-221; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA)

410 IAC 7-26-222 410 IAC 7-26-222 Other forms of information

410 IAC 7-26-222 Other forms of information

Authority: IC 16-42-5-5

Affected: IC 16-42-5

Sec. 222. (a) Retail food establishment or manufacturers' dating information on foods may not be concealed or altered.

(b) The person-in-charge shall notify consumers by written notification of the presence of major food allergens as an ingredient in unpackaged food items served or sold to the consumer.

(c) For purposes of this section, a violation of subsection (a) or (b) is a core item. (Indiana Department of Health; 410 IAC 7-26-222; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA)

410 IAC 7-26-223 410 IAC 7-26-223 Consumption of raw or undercooked food

410 IAC 7-26-223 Consumption of raw or undercooked food

Authority: IC 16-42-5-5

Affected: IC 16-42-5

Sec. 223. (a) Except as specified in sections 198(c), 198(d)(4), and 225(a)(3) of this rule, if a food of animal origin, such as:

(1) beef;

(2) eggs;

(3) fish;

(4) lamb;

(5) milk;

(6) pork;

(7) poultry; or

(8) shellfish;

is served or sold raw, undercooked, or without otherwise being processed to eliminate pathogens, either in ready-to-eat form or as an ingredient in another ready-to-eat food, the owner or operator of the retail food establishment shall inform consumers of the significantly increased risk of consuming those foods by way of a disclosure and reminder, as specified in subsections (b) and (c), using brochures, deli case or menu advisories, label statements, table tents, placards, or other effective written or visual means.

(b) A disclosure includes:

(1) a description of the animal-derived foods, such as:

(A) "Oysters on the half shell (raw oysters)";

(B) "Raw egg Caesar salad"; [sic, or]

(C) "Hamburgers (can be cooked to order)"; or

(2) identification of the animal-derived foods with an asterisk to a footnote that states the items are:

(A) served raw or undercooked; or

(B) contain, or may contain, raw or undercooked ingredients.

(c) A reminder includes designating the animal-derived foods requiring disclosure with an asterisk to a footnote that states one (1) of the following:

(1) "Regarding the safety of these items, written information is available upon request.".

(2) "Consuming raw or undercooked meats, poultry, seafood, shellfish, or eggs may increase your risk of foodborne illness.".

(3) "Consuming raw or undercooked meats, poultry, seafood, shellfish, or eggs may increase your risk of foodborne illness, especially if you have certain medical conditions.".

(d) For purposes of this section, a violation of subsection (a), (b), or (c) is a PF item. (Indiana Department of Health; 410 IAC 7-26-223; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA)

410 IAC 7-26-224 410 IAC 7-26-224 Discarding or reconditioning of unsafe, misbranded, adulterated, or contaminated food

410 IAC 7-26-224 Discarding or reconditioning of unsafe, misbranded, adulterated, or contaminated food

Authority: IC 16-42-2-6

Affected: IC 16-42-5

Sec. 224. (a) A food that is unsafe, adulterated, misbranded, or not honestly presented as specified under sections 154 or 220 of this rule must be reconditioned according to an approved procedure or discarded.

(b) Food that is not from an approved source as specified under sections 155 through 161 of this rule must be discarded.

(c) Ready-to-eat food that may have been contaminated by an employee who has been restricted or excluded as specified under section 138 of this rule must be discarded.

(d) Food that is contaminated by food employees, consumers, or other persons through contact with soiled hands, bodily discharges, such as nasal or oral discharges, or other means must be discarded.

(e) Infant formula may not be sold for infant consumption or served to infants past the use by date on the container.

(f) For purposes of this section, a violation of subsection (a), (b), (c), (d), or (e) is a P item. (Indiana Department of Health; 410 IAC 7-26-224; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA)

410 IAC 7-26-225 410 IAC 7-26-225 Pasteurized food; prohibited food

410 IAC 7-26-225 Pasteurized food; prohibited food

Authority: IC 16-42-5-5

Affected: IC 16-42-5

Sec. 225. (a) The following apply in a retail food establishment that serves a highly susceptible population:

(1) The following criteria apply to juice:

(A) For purposes of this subdivision only, children less than ten (10) years of age receiving food in a school, day care setting, or similar facility that provides custodial care are included as highly susceptible populations.

(B) Prepackaged juice or a prepackaged beverage containing juice, which bears a warning label as specified in 21 CFR 101.17(g) or section 207(c) of this rule, may not be served or offered for sale.

(C) Unpackaged juice prepared on the premises for service or sale in a ready-to-eat form must be processed under a HACCP plan that contains the information specified in section 486(a)(2) through 486(a)(5) of this rule and 21 CFR 120 Subpart B 120.24.

(2) Pasteurized eggs or egg products may be substituted for raw eggs in the preparation of the following:

(A) Foods, such as the following:

(i) Caesar salad.

(ii) Hollandaise or Béarnaise sauce.

(iii) Mayonnaise.

(iv) Meringue.

(v) Eggnog.

(vi) Ice cream.

(vii) Egg-fortified beverages.

(B) Except as specified in subdivision (6), recipes in which more than one (1) egg is broken and the eggs are combined.

(3) The following foods may not be served or offered for sale in a ready-to-eat form:

(A) Raw foods of animal origin, such as the following:

(i) Raw fish.

(ii) Raw-marinated fish.

(iii) Raw molluscan shellfish.

(iv) Steak tartare.

(B) A partially cooked food of animal origin, such as the following:

(i) Lightly cooked fish.

(ii) Rare meat.

(iii) Soft-cooked eggs made from raw eggs.

(iv) Meringue.

(C) Raw seed sprouts.

(D) Packaged food as specified under section 202 of this rule.

(4) Food employees may not contact ready-to-eat food as specified under section 173(b) and 173(e) of this rule.

(5) Time only as a public health control as specified under section 216(d) of this rule may not be used for raw eggs.

(6) Subdivision (2)(B) does not apply if:

(A) the raw eggs are combined:

(i) immediately before cooking for one (1) consumer's serving at a single meal, cooked as specified under section 198(a)(1) of this rule and served immediately, such as an omelet, soufflé, or scrambled eggs; or

(ii) as an ingredient immediately before baking and the eggs are thoroughly cooked to a ready-to-eat form, such as a cake, muffin, or bread; or

(B) the preparation of the food is conducted under a HACCP plan that meets all the following:

(i) Identifies the food to be prepared.

(ii) Prohibits contacting ready-to-eat food with bare hands.

(iii) Includes specifications and practices that ensure the following:

(AA) Salmonella enteritidis growth is controlled before and after cooking.

(BB) Salmonella enteritidis is destroyed by cooking the eggs according to the temperature and time specified in section 198(a)(2) of this rule.

(iv) Contains the information specified under section 486(a)(4) of this rule, including procedures that:

(AA) control cross-contamination of ready-to-eat food with raw eggs; and

(BB) delineate cleaning and sanitization procedures for food contact surfaces.

(v) Describes the training program that ensures the food employee responsible for the preparation of the food understands the procedures to be used.

(7) Except as specified in subdivision (8), food may be re-served as specified under section 196(b)(1) and 196(b)(2) of this rule.

(8) Food may not be re-served under the following conditions:

(A) Food served to patients or clients under contact precaution in medical isolation or quarantine, or protective environment isolation, may not be re-served to others outside.

(B) Packages of food from a patient, clients, or other consumers may not be re-served to persons in protective environmental isolation.

(b) For purposes of this section, a violation of subsection (a)(1)(B), (a)(1)(C), (a)(2)(A), (a)(2)(B), or subsection (a)(3) through (a)(5) is a P item.

(c) For purposes of this section, a violation of subsection (a)(1)(A) is a core item. (Indiana Department of Health; 410 IAC 7-26-225; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA)

410 IAC 7-26-226 410 IAC 7-26-226 Characteristics of materials for utensils and food contact surfaces

410 IAC 7-26-226 Characteristics of materials for utensils and food contact surfaces

Authority: IC 16-42-5-5

Affected: IC 16-42-5

Sec. 226. (a) Except for wood used as specified in section 232(c) of this rule, materials used in the construction of utensils and food contact surfaces of equipment may not allow the migration of deleterious substances or impart colors, odors, or tastes to food, and under normal use conditions must be:

(1) safe;

(2) durable, corrosion-resistant, and nonabsorbent;

(3) sufficient in weight and thickness to withstand repeated warewashing;

(4) finished to have a smooth, easily cleanable surface; and

(5) resistant to the following:

(A) Pitting.

(B) Chipping.

(C) Crazing.

(D) Scratching.

(E) Scoring.

(F) Distortion.

(G) Decomposition.

(b) For purposes of this section, a violation of subsection (a)(1) is a P item.

(c) For purposes of this section, a violation of subsection (a)(2), (a)(3), (a)(4), or (a)(5) is a core item. (Indiana Department of Health; 410 IAC 7-26-226; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA)

410 IAC 7-26-227 410 IAC 7-26-227 Cast iron; use limitation

410 IAC 7-26-227 Cast iron; use limitation

Authority: IC 16-42-5-5

Affected: IC 16-42-5

Sec. 227. (a) Except as specified in subsections (b) and (c), cast iron may not be used for utensils or food contact surfaces of equipment.

(b) Cast iron may be used as a surface for cooking.

(c) Cast iron may be used in utensils for serving food if the utensils are used only as part of an uninterrupted process from cooking through service.

(d) For purposes of this section, a violation of subsection (a) is a core item. (Indiana Department of Health; 410 IAC 7-26-227; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA)

410 IAC 7-26-228 410 IAC 7-26-228 Lead in ceramic, china, and crystal utensils; use limitation

410 IAC 7-26-228 Lead in ceramic, china, and crystal utensils; use limitation

Authority: IC 16-42-5-5

Affected: IC 16-42-5

Sec. 228. (a) Ceramic, china, crystal, and decorative utensils, such as hand painted ceramic or china, that are used in contact with food must be lead-free or contain levels of lead not exceeding the limits of the following utensil categories:

| Utensil Category | Ceramic Article Description | Maximum Lead ppm (mg/L) | | --- | --- | --- | | Beverage Mugs, Cups, Pitchers | Coffee Mugs | 0.5 | | Large Hollowware (excluding pitchers) | Bowls > 1.16 Quart (1.1 Liter) | 1 | | Small Hollowware (excluding cups and mugs) | Bowls < 1.16 Quart (1.1 Liter) | 2 | | Flat Tableware | Plates, Saucers | 3 |

(b) Pewter alloys containing lead exceeding five-hundredths percent (0.05%) ppm (mg/L) may not be used as a food contact surface.

(c) Solder and flux containing lead exceeding two-tenths percent (0.2%) ppm (mg/L) may not be used as a food contact surface.

(d) For purposes of this section, a violation of subsection (a) or (b) is a P item.

(e) For purposes of this section, a violation of subsection (c) is a core item. (Indiana Department of Health; 410 IAC 7-26-228; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA)

410 IAC 7-26-229 410 IAC 7-26-229 Copper; use limitation

410 IAC 7-26-229 Copper; use limitation

Authority: IC 16-42-5-5

Affected: IC 16-42-5

Sec. 229. (a) Except as specified in subsection (b), copper and copper alloys, such as brass, may not be used:

(1) in contact with a food that has a pH below six (6), such as vinegar, fruit juice, or wine; or

(2) for a fitting or tubing installed between a backflow prevention device and a carbonator.

(b) Copper and copper alloys may be used in contact with beer brewing ingredients that have a pH below six (6) in the prefermentation and fermentation steps of a beer brewing operation, such as a brewpub or microbrewery.

(c) For purposes of this section, a violation of subsection (a) is a P item. (Indiana Department of Health; 410 IAC 7-26-229; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA)

410 IAC 7-26-230 410 IAC 7-26-230 Galvanized metal; use limitation

410 IAC 7-26-230 Galvanized metal; use limitation

Authority: IC 16-42-5-5

Affected: IC 16-42-5

Sec. 230. (a) Galvanized metal may not be used for utensils or food contact surfaces of equipment used in contact with acidic food.

(b) For purposes of this section, a violation of subsection (a) is a P item. (Indiana Department of Health; 410 IAC 7-26-230; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA)

410 IAC 7-26-231 410 IAC 7-26-231 Sponges; use limitation

410 IAC 7-26-231 Sponges; use limitation

Authority: IC 16-42-5-5

Affected: IC 16-42-5

Sec. 231. (a) Sponges may not be used in contact with cleaned and sanitized or in-use food contact surfaces.

(b) For purposes of this section, a violation of subsection (a) is a core item. (Indiana Department of Health; 410 IAC 7-26-231; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA)

410 IAC 7-26-232 410 IAC 7-26-232 Wood; use limitation

410 IAC 7-26-232 Wood; use limitation

Authority: IC 16-42-5-5

Affected: IC 16-42-5

Sec. 232. (a) Except as specified in subsections (b), (c), (d), and (e), wood and wood wicker may not be used as a food contact surface.

(b) Hard maple or an equivalently hard, close-grained wood may be used for equipment, such as:

(1) cutting boards;

(2) cutting blocks;

(3) bakers' tables;

(4) rolling pins;

(5) doughnut dowels;

(6) salad bowls;

(7) chopsticks; and

(8) wooden paddles used in confectionery operations for pressure scraping kettles when manually preparing confections at a temperature of two hundred thirty (230) degrees Fahrenheit, one hundred ten (110) degrees Celsius, or above.

(c) A wood plank, such as cedar, may be used to impart flavor to baked fish if the plank is:

(1) untreated by having had no chemicals or preservatives of any kind added to the wood;

(2) used only for baking fish;

(3) not served to, or displayed in the presence of, a consumer;

(4) cleaned after each use with hot water as specified in section 313 of this rule; and

(5) stored dry or covered and frozen during periods of nonuse.

(d) Whole, uncut, raw fruits and vegetables, and nuts in the shell may be kept in the wood shipping containers in which they were received, until the fruits, vegetables, or nuts are used.

(e) If the nature of the food requires removal of rinds, peels, husks, or shells before consumption, the whole, uncut, raw food may be kept in:

(1) untreated wood containers; or

(2) treated wood containers if the containers are treated with a preservative that meets the requirements under 21 CFR 178.3800.

(f) For purposes of this section, a violation of subsection (a) is a core item. (Indiana Department of Health; 410 IAC 7-26-232; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA)

410 IAC 7-26-233 410 IAC 7-26-233 Nonstick coatings; use limitation

410 IAC 7-26-233 Nonstick coatings; use limitation

Authority: IC 16-42-5-5

Affected: IC 16-42-5

Sec. 233. (a) Multi-use kitchenware, such as:

(1) frying pans;

(2) griddles;

(3) saucepans;

(4) cookie sheets; and

(5) waffle bakers;

that have a perfluorocarbon resin coating shall be used with nonscoring or nonscratching utensils and cleaning aids.

(b) For purposes of this section, a violation of subsection (a) is a core item. (Indiana Department of Health; 410 IAC 7-26-233; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA)

410 IAC 7-26-234 410 IAC 7-26-234 Non-food contact surfaces

410 IAC 7-26-234 Non-food contact surfaces

Authority: IC 16-42-5-5

Affected: IC 16-42-5

Sec. 234. (a) Non-food contact surfaces of equipment exposed to splash, spillage, or other food soiling or that require frequent cleaning must be constructed of a corrosion-resistant, nonabsorbent, and smooth material.

(b) For purposes of this section, a violation of subsection (a) is a core item. (Indiana Department of Health; 410 IAC 7-26-234; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA)

410 IAC 7-26-235 410 IAC 7-26-235 Characteristics of materials used in single-service and single-use articles

410 IAC 7-26-235 Characteristics of materials used in single-service and single-use articles

Authority: IC 16-42-5-5

Affected: IC 16-42-5

Sec. 235. (a) Materials used to make single-service and single-use articles may not:

(1) allow the migration of deleterious substances; or

(2) impart colors, odors, or tastes to food.

(b) The materials in subsection (a) must be:

(1) safe; and

(2) clean.

(c) For purposes of this section, a violation of subsection (a)(1) or (b)(1) is a P item.

(d) For purposes of this section, a violation of subsection (a)(2) or (b)(2) is a core item. (Indiana Department of Health; 410 IAC 7-26-235; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA)

410 IAC 7-26-236 410 IAC 7-26-236 Durability and strength of equipment and utensils

410 IAC 7-26-236 Durability and strength of equipment and utensils

Authority: IC 16-42-5-5

Affected: IC 16-42-5

Sec. 236. (a) Equipment and utensils must be designed and constructed to be durable and to retain their characteristic qualities under normal use conditions.

(b) For purposes of this section, a violation of subsection (a) is a core item. (Indiana Department of Health; 410 IAC 7-26-236; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA)

410 IAC 7-26-237 410 IAC 7-26-237 Durability and strength of food temperature measuring devices

410 IAC 7-26-237 Durability and strength of food temperature measuring devices

Authority: IC 16-42-5-5

Affected: IC 16-42-5

Sec. 237. (a) Food temperature measuring devices may not have sensors or stems constructed of glass, but thermometers with glass sensors or stems encased in a shatterproof coating, such as candy thermometers, may be used.

(b) For purposes of this section, a violation of subsection (a) is a P item. (Indiana Department of Health; 410 IAC 7-26-237; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA)

410 IAC 7-26-238 410 IAC 7-26-238 Cleanability of food contact surfaces

410 IAC 7-26-238 Cleanability of food contact surfaces

Authority: IC 16-42-5-5

Affected: IC 16-42-5

Sec. 238. (a) Except for wood used as specified in subsection 232(c) [section 232(c)] of this rule, multi-use food contact surfaces must be as follows:

(1) Smooth.

(2) Free of:

(A) breaks;

(B) open seams;

(C) cracks;

(D) chips;

(E) inclusions;

(F) pits; or

(G) similar imperfections.

(3) Free of sharp internal angles, corners, and crevices.

(4) Finished to have smooth welds and joints.

(5) Except as specified in subsection (b), accessible for cleaning and inspection either:

(A) without being disassembled;

(B) by disassembling without the use of tools;or

(C) by easy disassembling with the use of common tools available to maintenance and cleaning personnel, such as screwdrivers, pliers, and wrenches.

(b) Subsection (a)(5) does not apply to the following:

(1) Cooking oil storage tanks.

(2) Distribution lines for cooking oils.

(3) Beverage syrup lines or tubes.

(c) For purposes of this section, a violation of subsection (a) is a PF item. (Indiana Department of Health; 410 IAC 7-26-238; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA)

410 IAC 7-26-239 410 IAC 7-26-239 CIP equipment

410 IAC 7-26-239 CIP equipment

Authority: IC 16-42-5-5

Affected: IC 16-42-5

Sec. 239. (a) CIP equipment must meet the characteristics specified under section 238 of this rule and be designed and constructed so that:

(1) cleaning and sanitizing solutions circulate throughout a fixed system and contact all interior food contact surfaces; and

(2) the system is self-draining or capable of being completely drained of cleaning and sanitizing solutions.

(b) CIP equipment that is not designed to be disassembled for cleaning must be designed with inspection access points to ensure that all interior food contact surfaces throughout the fixed system are being effectively cleaned.

(c) For purposes of this section, a violation of subsection (a)(1) is a PF item.

(d) For purposes of this section, a violation of subsection (a)(2) or (b) is a core item. (Indiana Department of Health; 410 IAC 7-26-239; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA)

410 IAC 7-26-240 410 IAC 7-26-240 V-type threads; use limitation

410 IAC 7-26-240 V-type threads; use limitation

Authority: IC 16-42-5-5

Affected: IC 16-42-5

Sec. 240. (a) V-type threads may not be used on food contact surfaces, except for hot oil cooking or filtering equipment.

(b) For purposes of this section, a violation of subsection (a) is a core item. (Indiana Department of Health; 410 IAC 7-26-240; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA)

410 IAC 7-26-241 410 IAC 7-26-241 Hot oil filtering equipment

410 IAC 7-26-241 Hot oil filtering equipment

Authority: IC 16-42-5-5

Affected: IC 16-42-5

Sec. 241. (a) Hot oil filtering equipment must meet the characteristics specified under sections 238 and 239 of this rule, and be readily accessible for filter replacement and cleaning of the filter.

(b) For purposes of this section, a violation of subsection (a) is a core item. (Indiana Department of Health; 410 IAC 7-26-241; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA)

410 IAC 7-26-242 410 IAC 7-26-242 Cleanability of can openers

410 IAC 7-26-242 Cleanability of can openers

Authority: IC 16-42-5-5

Affected: IC 16-42-5

Sec. 242. (a) Cutting or piercing parts of can openers must be readily removable for cleaning and replacement.

(b) For purposes of this section, a violation of subsection (a) is a core item. (Indiana Department of Health; 410 IAC 7-26-242; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA)

410 IAC 7-26-243 410 IAC 7-26-243 Cleanability of non-food contact surfaces

410 IAC 7-26-243 Cleanability of non-food contact surfaces

Authority: IC 16-42-5-5

Affected: IC 16-42-5

Sec. 243. (a) Non-food contact surfaces must be free of unnecessary ledges, projections, and crevices, and designed and constructed to allow easy cleaning and facilitate maintenance.

(b) For purposes of this section, a violation of subsection (a) is a core item. (Indiana Department of Health; 410 IAC 7-26-243; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA)

410 IAC 7-26-244 410 IAC 7-26-244 Kick plates; removable

410 IAC 7-26-244 Kick plates; removable

Authority: IC 16-42-5-5

Affected: IC 16-42-5

Sec. 244. (a) Kick plates must be designed so the areas behind them are accessible for inspection and cleaning by being:

(1) removable by one (1) of the methods specified under section 238(a)(5) of this rule or rotated open; and

(2) removable or rotated open without unlocking equipment doors.

(b) For purposes of this section, a violation of subsection (a) is a core item. (Indiana Department of Health; 410 IAC 7-26-244; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA)

410 IAC 7-26-245 410 IAC 7-26-245 Ventilation hood systems; filters

410 IAC 7-26-245 Ventilation hood systems; filters

Authority: IC 16-42-5-5

Affected: IC 16-42-5

Sec. 245. (a) Filters or other grease extracting equipment must be designed to be readily removable for cleaning and replacement if not designed to be cleaned in place.

(b) For purposes of this section, a violation of subsection (a) is a core item. (Indiana Department of Health; 410 IAC 7-26-245; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA)

410 IAC 7-26-246 410 IAC 7-26-246 Accuracy of food temperature measuring devices

410 IAC 7-26-246 Accuracy of food temperature measuring devices

Authority: IC 16-42-5-5

Affected: IC 16-42-5

Sec. 246. (a) Food temperature measuring devices that are scaled only in Fahrenheit must be accurate to plus or minus two (±2) degrees Fahrenheit in the intended range of use.

(b) Food temperature measuring devices that are scaled only in Celsius or dually scaled in Celsius and Fahrenheit must be accurate to plus or minus one (±1) degree Celsius in the intended range of use.

(c) For purposes of this section, a violation of subsection (a) or (b) is a PF item. (Indiana Department of Health; 410 IAC 7-26-246; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA)

410 IAC 7-26-247 410 IAC 7-26-247 Accuracy of ambient air and water temperature measuring devices

410 IAC 7-26-247 Accuracy of ambient air and water temperature measuring devices

Authority: IC 16-42-5-5

Affected: IC 16-42-5

Sec. 247. (a) Ambient air and water temperature measuring devices that are scaled in Fahrenheit must be accurate to plus or minus three (±3) degrees Fahrenheit in the intended range of use.

(b) Ambient air and water temperature measuring devices that are dually scaled in Celsius and Fahrenheit must be designed to be easily readable and accurate to plus or minus one and five-tenths (±1.5) degrees Celsius in the intended range of use.

(c) For purposes of this section, a violation of subsection (a) or (b) is a PF item. (Indiana Department of Health; 410 IAC 7-26-247; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA)

410 IAC 7-26-248 410 IAC 7-26-248 Warewashing machine; pressure measuring devices

410 IAC 7-26-248 Warewashing machine; pressure measuring devices

Authority: IC 16-42-5-5

Affected: IC 16-42-5

Sec. 248. (a) Pressure measuring devices that display the pressures in the water supply line for the fresh hot water sanitizing rinse must have increments of one (1) pound per square inch (7 kilopascals) or smaller and be accurate to plus or minus two (±2) pounds per square inch (±14 kilopascals) in the range indicated on the manufacturer's data plate.

(b) For purposes of this section, a violation of subsection (a) is a core item. (Indiana Department of Health; 410 IAC 7-26-248; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA)

410 IAC 7-26-249 410 IAC 7-26-249 Ventilation hood systems; drip prevention

410 IAC 7-26-249 Ventilation hood systems; drip prevention

Authority: IC 16-42-5-5

Affected: IC 16-42-5

Sec. 249. (a) Exhaust ventilation hood systems in food preparation and warewashing areas, including components, such as hoods, fans, guards, and ducting, shall be designed to prevent grease or condensation from draining or dripping onto the following:

(1) Food.

(2) Equipment.

(3) Utensils.

(4) Linens.

(5) Single-service and single-use articles.

(b) For purposes of this section, a violation of subsection (a) is a core item. (Indiana Department of Health; 410 IAC 7-26-249; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA)

410 IAC 7-26-250 410 IAC 7-26-250 Equipment openings, closures, and deflectors

410 IAC 7-26-250 Equipment openings, closures, and deflectors

Authority: IC 16-42-5-5

Affected: IC 16-42-5

Sec. 250. (a) A cover or lid for equipment must overlap the opening and be sloped to drain.

(b) An opening located within the top of a unit of equipment designed for use with a cover or lid must be flanged upward at least two-tenths (.2) of an inch (5 millimeters).

(c) Except as specified under subsection (d):

(1) fixed piping;

(2) temperature measuring devices;

(3) rotary shafts; and

(4) other parts extending into equipment;

must be provided with a watertight joint at the point where the item enters the equipment.

(d) If a watertight joint is not provided:

(1) the piping, temperature measuring devices, rotary shafts, and other parts extending through the openings must be equipped with an apron designed to deflect condensation, drips, and dust from openings into the food; and

(2) the opening must be flanged as specified in subsection (b).

(e) For purposes of this section, a violation of subsection (a), (b), (c), or (d) is a core item. (Indiana Department of Health; 410 IAC 7-26-250; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA)

410 IAC 7-26-251 410 IAC 7-26-251 Dispensing equipment; protection of equipment and food

410 IAC 7-26-251 Dispensing equipment; protection of equipment and food

Authority: IC 16-42-5-5

Affected: IC 16-42-5

Sec. 251. (a) In equipment that dispenses or vends liquid food or ice in unpackaged form, the following applies:

(1) The delivery tube, chute, orifice, and splash surfaces directly above the container receiving the food must be designed in a way, such as with barriers, baffles, or drip aprons, so that drips from condensation and splash are diverted from the opening of the container receiving the food.

(2) The delivery tube, chute, and orifice must be protected from manual contact, such as by being recessed.

(3) The delivery tube or chute and orifice of equipment used to vend liquid food or ice in unpackaged form to self-service consumers must be designed so that the delivery tube or chute and orifice are protected from dust, insects, rodents, and other contamination by a self-closing door if the equipment is:

(A) located in an outside area that does not otherwise afford the protection of an enclosure against:

(i) rain;

(ii) windblown debris;

(iii) insects;

(iv) rodents; and

(v) other contaminants present in the environment; or

(B) available for self-service during hours when it is not under the full-time supervision of a food employee.

(4) The dispensing equipment actuating lever or mechanism and filling device of consumer self-service beverage dispensing equipment must be designed to prevent contact with the lip contact surface of glasses or cups that are refilled.

(5) Dispensing equipment in which TCS food in a homogenous liquid form is maintained outside the temperature control requirements as specified under section 213(a) of this rule must:

(A) be specifically designed and equipped to maintain the commercial sterility of aseptically packaged food in a homogenous liquid form for a specified duration after the time of opening the packaging within the equipment; and

(B) conform to the requirements for this equipment as specified in NSF/ANSI 18-2006, Manual Food and Beverage Dispensing Equipment.

(b) For purposes of this section, a violation of subsection (a)(5) is a P item.

(c) For purposes of this section, a violation of subsection (a)(1), (a)(2), (a)(3), or (a)(4) is a core item. (Indiana Department of Health; 410 IAC 7-26-251; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA)

410 IAC 7-26-252 410 IAC 7-26-252 Vending machine; vending stage closure

410 IAC 7-26-252 Vending machine; vending stage closure

Authority: IC 16-42-5-5

Affected: IC 16-42-5

Sec. 252. (a) The dispensing compartment of a vending machine, including a machine designed to vend prepackaged snack food that is not TCS food, such as chips, party-mixes, and pretzels, must be equipped with a self-closing door or cover if the machine is:

(1) located in an outside area that does not otherwise afford the protection of an enclosure against:

(A) rain;

(B) windblown debris;

(C) insects;

(D) rodents; and

(E) other contaminants present in the environment; or

(2) available for self-service during hours when it is not under the full-time supervision of a food employee.

(b) For purposes of this section, a violation of subsection (a) is a core item. (Indiana Department of Health; 410 IAC 7-26-252; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA)

410 IAC 7-26-253 410 IAC 7-26-253 Bearings and gearboxes; leakproof

410 IAC 7-26-253 Bearings and gearboxes; leakproof

Authority: IC 16-42-5-5

Affected: IC 16-42-5

Sec. 253. (a) Equipment containing bearings and gears that require lubricants must be designed and constructed so the lubricant cannot leak, drip, or be forced into food or onto food contact surfaces.

(b) For purposes of this section, a violation of subsection (a) is a core item. (Indiana Department of Health; 410 IAC 7-26-253; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA)

410 IAC 7-26-254 410 IAC 7-26-254 Beverage tubing; separation

410 IAC 7-26-254 Beverage tubing; separation

Authority: IC 16-42-5-5

Affected: IC 16-42-5

Sec. 254. (a) Beverage tubing and cold plate beverage cooling devices may not be installed in contact with ice stored for human consumption, except for cold plates constructed integrally with an ice storage bin.

(b) For purposes of this section, a violation of subsection (a) is a core item. (Indiana Department of Health; 410 IAC 7-26-254; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA)

410 IAC 7-26-255 410 IAC 7-26-255 Separation of ice unit drains

410 IAC 7-26-255 Separation of ice unit drains

Authority: IC 16-42-5-5

Affected: IC 16-42-5

Sec. 255. (a) Liquid waste drain lines may not pass through an ice machine or ice storage bin.

(b) For purposes of this section, a violation of subsection (a) is a core item. (Indiana Department of Health; 410 IAC 7-26-255; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA)

410 IAC 7-26-256 410 IAC 7-26-256 Condenser unit; separation

410 IAC 7-26-256 Condenser unit; separation

Authority: IC 16-42-5-5

Affected: IC 16-42-5

Sec. 256. (a) If a condenser unit is an integral component of equipment, the condenser unit must be separated from the food and food storage space by a dustproof barrier.

(b) For purposes of this section, a violation of subsection (a) is a core item. (Indiana Department of Health; 410 IAC 7-26-256; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA)

410 IAC 7-26-257 410 IAC 7-26-257 Can openers on vending machines

410 IAC 7-26-257 Can openers on vending machines

Authority: IC 16-42-5-5

Affected: IC 16-42-5

Sec. 257. (a) Cutting or piercing parts of can openers on vending machines must be protected from the following:

(1) Manual contact.

(2) Dust.

(3) Insects.

(4) Rodents.

(5) Other contamination.

(b) For purposes of this section, a violation of subsection (a) is a core item. (Indiana Department of Health; 410 IAC 7-26-257; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA)

410 IAC 7-26-258 410 IAC 7-26-258 Molluscan shellfish tanks

410 IAC 7-26-258 Molluscan shellfish tanks

Authority: IC 16-42-5-5

Affected: IC 16-42-5

Sec. 258. (a) Except as specified under subsection (b), molluscan shellfish life support system display tanks may not be used to store or display shellfish offered for human consumption, and must be conspicuously marked so it is obvious to the consumer that the shellfish are for display only.

(b) Molluscan shellfish life-support system display tanks used to store or display shellfish offered for human consumption must be operated and maintained in accordance with a HACCP plan approved under a variance granted by the department, as specified in section 483 of this rule, and:

(1) is submitted by the owner or operator and approved; and

(2) ensures that:

(A) water used with fish other than molluscan shellfish does not flow into the molluscan tank;

(B) the safety and quality of the shellfish as they were received is not compromised by the use of the tank;and

(C) the identity of the source of the shellstock is retained as specified under section 172 of this rule.

(c) For purposes of this section, a violation of subsection (a) is a P item.

(d) For purposes of this section, a violation of subsection (b) is a PF item. (Indiana Department of Health; 410 IAC 7-26-258; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA)

410 IAC 7-26-259 410 IAC 7-26-259 Vending machines; automatic shutoff

410 IAC 7-26-259 Vending machines; automatic shutoff

Authority: IC 16-42-5-5

Affected: IC 16-42-5

Sec. 259. (a) A machine vending TCS food must have an automatic control that prevents the machine from vending food if:

(1) there is a power failure, mechanical failure, or other condition that results in an internal machine temperature that cannot maintain food temperatures as specified under sections 154 through 225 of this rule; and

(2) a condition specified under subdivision (1) occurs, until the machine is serviced and restocked with food that has been maintained at temperatures specified under sections 154 through 225 of this rule.

(b) When the automatic shutoff within a machine vending for TCS food is activated:

(1) in a refrigerated vending machine, the ambient temperature may not exceed forty-one (41) degrees Fahrenheit, five (5) degrees Celsius, for more than thirty (30) minutes immediately after the machine is filled, serviced, or restocked; or

(2) in a hot holding vending machine, the ambient temperature may not be less than one hundred thirty-five (135) degrees Fahrenheit, fifty-seven (57) degrees Celsius, for more than one hundred twenty (120) minutes immediately after the machine is filled, serviced, or restocked.

(c) A vending machine must legibly display information on the consumer-facing side of each unit indicating the name, address, and telephone number for the business responsible for the vending machine, or a website containing similar contact information.

(d) For purposes of this section, a violation of subsection (c) is a core item.

(e) For purposes of this section, a violation of subsection (a) or (b) is a P item. (Indiana Department of Health; 410 IAC 7-26-259; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA)

410 IAC 7-26-260 410 IAC 7-26-260 Function of temperature measuring devices

410 IAC 7-26-260 Function of temperature measuring devices

Authority: IC 16-42-5-5

Affected: IC 16-42-5

Sec. 260. (a) In a mechanically refrigerated or hot food storage unit, the sensor of a temperature measuring device must be located to measure the air temperature or a simulated product temperature in the warmest part of a mechanically refrigerated unit, and in the coolest part of a hot food storage unit.

(b) Except as specified in subsection (c), cold or hot holding equipment used for TCS food must be designed to include and be equipped with at least one (1) integral or permanently affixed temperature measuring device that is located to allow easy viewing of the device's temperature display.

(c) Subsection (b) does not apply to equipment for which the placement of a temperature measuring device is not a practical means for measuring the ambient air surrounding the food because of the design, type, and use of the equipment, such as:

(1) calrod units;

(2) heat lamps;

(3) cold plates;

(4) bains-marie;

(5) steam tables;

(6) insulated food transport containers; and

(7) salad bars.

(d) Temperature measuring devices must be designed to be easily readable.

(e) Food temperature measuring devices and water temperature measuring devices on warewashing machines must have a numerical scale, printed record, or digital readout in increments not greater than two (2) degrees Fahrenheit, one (1) degree Celsius, in the intended range of use.

(f) For purposes of this section, a violation of subsection (e) is a PF item.

(g) For purposes of this section, a violation of subsection (a), (b), or (d) is a core item. (Indiana Department of Health; 410 IAC 7-26-260; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA)

410 IAC 7-26-261 410 IAC 7-26-261 Warewashing machine; data plate operating specifications

410 IAC 7-26-261 Warewashing machine; data plate operating specifications

Authority: IC 16-42-5-5

Affected: IC 16-42-5

Sec. 261. (a) A warewashing machine must be provided with an easily accessible and readable data plate affixed to the machine by the manufacturer that indicates the machine's design and operating specifications, including the following:

(1) The temperatures required for washing, rinsing, and sanitizing.

(2) The pressure required for the freshwater sanitizing rinse, unless the machine is designed to use only a pumped sanitizing rinse.

(3) The conveyor speed for conveyor machines or cycle time for stationary rack machines.

(b) For purposes of this section, a violation of subsection (a) is a core item. (Indiana Department of Health; 410 IAC 7-26-261; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA)

410 IAC 7-26-262 410 IAC 7-26-262 Warewashing machine; internal baffles

410 IAC 7-26-262 Warewashing machine; internal baffles

Authority: IC 16-42-5-5

Affected: IC 16-42-5

Sec. 262. (a) Warewashing machine wash and rinse tanks must be equipped with:

(1) baffles;

(2) curtains; or

(3) other means to minimize internal cross-contamination of the solutions in wash and rinse tanks.

(b) For purposes of this section, a violation of subsection (a) is a core item. (Indiana Department of Health; 410 IAC 7-26-262; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA)

410 IAC 7-26-263 410 IAC 7-26-263 Warewashing machine; temperature measuring devices

410 IAC 7-26-263 Warewashing machine; temperature measuring devices

Authority: IC 16-42-5-5

Affected: IC 16-42-5

Sec. 263. (a) A warewashing machine must be equipped with a temperature measuring device that indicates the temperature of the water:

(1) in each wash and rinse tank; and

(2) as the water enters the hot water sanitizing final rinse manifold or in the chemical sanitizing solution tank.

(b) For purposes of this section, a violation of subsection (a) is a PF item. (Indiana Department of Health; 410 IAC 7-26-263; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA)

410 IAC 7-26-264 410 IAC 7-26-264 Manual warewashing equipment; heaters and baskets

410 IAC 7-26-264 Manual warewashing equipment; heaters and baskets

Authority: IC 16-42-5-5

Affected: IC 16-42-5

Sec. 264. (a) If hot water is used for sanitization in manual warewashing operations, the sanitizing compartment of the sink must be:

(1) designed with an integral heating device that is capable of maintaining water at a temperature not less than one hundred seventy (170) degrees Fahrenheit, seventy-seven (77) degrees Celsius; and

(2) provided with a rack or basket to allow complete immersion of equipment and utensils into the hot water.

(b) For purposes of this section, a violation of subsection (a) is a PF item. (Indiana Department of Health; 410 IAC 7-26-264; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA)

410 IAC 7-26-265 410 IAC 7-26-265 Warewashing machine; automatic dispensing of detergents and sanitizers

410 IAC 7-26-265 Warewashing machine; automatic dispensing of detergents and sanitizers

Authority: IC 16-42-5-5

Affected: IC 16-42-5

Sec. 265. (a) A warewashing machine installed after the effective date of this rule must be equipped to:

(1) automatically dispense detergents and sanitizers; and

(2) incorporate a visual means to verify that detergents and sanitizers are delivered, or a visual or an audible alarm to signal if the detergents and sanitizers are not delivered to the respective washing and sanitizing cycles.

(b) For purposes of this section, a violation of subsection (a) is a PF item. (Indiana Department of Health; 410 IAC 7-26-265; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA)

410 IAC 7-26-266 410 IAC 7-26-266 Warewashing machine; flow pressure device

410 IAC 7-26-266 Warewashing machine; flow pressure device

Authority: IC 16-42-5-5

Affected: IC 16-42-5

Sec. 266. (a) Warewashing machines that provide a fresh hot water sanitizing rinse must be equipped with a pressure gauge or similar device, such as a transducer, that measures and displays the water pressure in the supply line immediately before entering the warewashing machine.

(b) If the flow pressure measuring device is upstream of the fresh hot water sanitizing rinse control valve, the device must be mounted in a one-fourth (¼) inch iron pipe size or six and four-tenths (6.4) millimeter valve.

(c) Subsections (a) and (b) do not apply to a machine that uses only a pumped or recirculated sanitizing rinse.

(d) For purposes of this section, a violation of subsection (a) or (b) is a core item. (Indiana Department of Health; 410 IAC 7-26-266; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA)

410 IAC 7-26-267 410 IAC 7-26-267 Warewashing sinks and drainboards; self-draining

410 IAC 7-26-267 Warewashing sinks and drainboards; self-draining

Authority: IC 16-42-5-5

Affected: IC 16-42-5

Sec. 267. (a) Sinks and drainboards of warewashing sinks and machines must be self-draining.

(b) For purposes of this section, a violation of subsection (a) is a core item. (Indiana Department of Health; 410 IAC 7-26-267; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA)

410 IAC 7-26-268 410 IAC 7-26-268 Equipment compartments; drainage

410 IAC 7-26-268 Equipment compartments; drainage

Authority: IC 16-42-5-5

Affected: IC 16-42-5

Sec. 268. (a) Equipment compartments subject to accumulation of moisture due to conditions, such as:

(1) condensation;

(2) food or beverage drip; or

(3) water from melting ice;

must be sloped to an outlet that allows complete draining.

(b) For purposes of this section, a violation of subsection (a) is a core item. (Indiana Department of Health; 410 IAC 7-26-268; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA)

410 IAC 7-26-269 410 IAC 7-26-269 Vending machines; liquid waste products

410 IAC 7-26-269 Vending machines; liquid waste products

Authority: IC 16-42-5-5

Affected: IC 16-42-5

Sec. 269. (a) Vending machines designed to store beverages that are packaged in containers made from paper products must be equipped with diversion devices and retention pans or drains for container leakage.

(b) Vending machines that dispense liquid food in bulk must be as follows:

(1) Provided with an internally mounted waste receptacle for the collection of the following:

(A) Drip.

(B) Spillage.

(C) Overflow.

(D) Other internal wastes.

(2) Equipped with an automatic shutoff device that will place the machine out of operation before the waste receptacle overflows.

(c) Shutoff devices, specified under subsection (b)(2), must prevent water or liquid food from continuously running if there is a failure of a flow control device in the water or liquid food system or waste accumulation that can lead to overflow of the waste receptacle.

(d) For purposes of this section, a violation of subsection (a), (b), or (c) is a core item. (Indiana Department of Health; 410 IAC 7-26-269; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA)

410 IAC 7-26-270 410 IAC 7-26-270 Case lot handling equipment; moveability

410 IAC 7-26-270 Case lot handling equipment; moveability

Authority: IC 16-42-5-5

Affected: IC 16-42-5

Sec. 270. (a) Equipment, such as dollies, pallets, racks, and skids used to store and transport large quantities of packaged foods received from a supplier in a cased or an overwrapped lot must be designed to be moved by hand or conveniently available equipment, such as hand trucks and forklifts.

(b) For purposes of this section, a violation of subsection (a) is a core item. (Indiana Department of Health; 410 IAC 7-26-270; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA)

410 IAC 7-26-271 410 IAC 7-26-271 Vending machine doors and openings

410 IAC 7-26-271 Vending machine doors and openings

Authority: IC 16-42-5-5

Affected: IC 16-42-5

Sec. 271. (a) Vending machine doors and access opening covers to food and container storage spaces must be tight fitting when closed, so that the space along the entire interface between the doors or covers and the cabinet of the machine is not greater than one-sixteenth (1/16) of an inch (1.5 millimeters) by using one (1) of the following methods:

(1) Being covered with louvers, screens, or materials that provide an equivalent opening of not greater than one-sixteenth (1/16) of an inch (1.5 millimeters).

(2) Being effectively gasketed.

(3) Having interface surfaces at least one-half (1/2) inch wide (13 millimeters).

(4) Jambs or surfaces used to form an L-shaped entry path to the interface.

(b) Vending machine service connection openings through an exterior wall of a machine must be closed by sealants, clamps, or grommets so that the openings are not larger than one-sixteenth (1/16) of an inch (1.5 millimeters).

(c) For purposes of this section, a violation of subsection (a) or (b) is a core item. (Indiana Department of Health; 410 IAC 7-26-271; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA)

410 IAC 7-26-272 410 IAC 7-26-272 Requirement for facility and operating plans

410 IAC 7-26-272 Requirement for facility and operating plans

Authority: IC 16-42-5-5

Affected: IC 16-42-5

Sec. 272. (a) Food equipment that is certified or classified for sanitation in conformance to a recognized American National Standard Institute accredited certification program is deemed to comply with this section and sections 226 through 271 of this rule.

(b) For purposes of this section, a violation of subsection (a) is a core item. (Indiana Department of Health; 410 IAC 7-26-272; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA)

410 IAC 7-26-273 410 IAC 7-26-273 Cooling, heating, and holding capacities

410 IAC 7-26-273 Cooling, heating, and holding capacities

Authority: IC 16-42-5-5

Affected: IC 16-42-5

Sec. 273. (a) Equipment for:

(1) cooling and heating food; and

(2) holding cold and hot food;

must be sufficient in number and capacity to provide food temperatures as specified under sections 154 through 225 of this rule.

(b) For purposes of this section, a violation of subsection (a) is a PF item. (Indiana Department of Health; 410 IAC 7-26-273; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA)

410 IAC 7-26-274 410 IAC 7-26-274 Manual warewashing; sink compartment requirements

410 IAC 7-26-274 Manual warewashing; sink compartment requirements

Authority: IC 16-42-5-5

Affected: IC 16-42-5

Sec. 274. (a) Except as specified in subsection (c), a sink with at least three (3) compartments must be provided for manually washing, rinsing, and sanitizing equipment and utensils.

(b) Sink compartments must be large enough to accommodate immersion of the largest equipment and utensils. If equipment or utensils are too large for the warewashing sink, a warewashing machine or alternative equipment as specified in subsection (c) may be used.

(c) Alternative manual warewashing equipment may be used when there are special cleaning needs or constraints, and its use is approved. Alternative manual warewashing equipment may include:

(1) high-pressure detergent sprayers;

(2) low-pressure detergent sprayers;

(3) other task-specific cleaning equipment;

(4) brushes or other implements;

(5) two (2) compartment sinks as specified under subsections (d) and (e); or

(6) receptables that substitute for the compartments of a multi-compartment sink.

(d) Before a two (2) compartment sink is used:

(1) the retail food establishment shall have its use approved; and

(2) the operator shall limit the number of kitchenware items cleaned and sanitized in the two (2) compartment sink, and limit warewashing to batch operations for cleaning kitchenware, such as between cutting one (1) type of raw meat and another, or cleanup at the end of a shift, and:

(A) make up the cleaning and sanitizing solutions immediately before use and drain them immediately after use; and

(B) use a:

(i) detergent-sanitizer to sanitize and apply the detergent-sanitizer in accordance with the manufacturer's label instructions and as specified under section 300 of this rule; or

(ii) hot water sanitization immersion step as specified under subsection 315(a)(3) [section 315(a)(3)] of this rule.

(e) A two (2) compartment sink may not be used for warewashing operations where cleaning and sanitizing solutions are used for a continuous or intermittent flow of kitchenware or tableware in an ongoing warewashing process.

(f) For purposes of this section, a violation of subsection (a) or (b) is a PF item.

(g) For purposes of this section, a violation of subsection (d) or (e) is a core item. (Indiana Department of Health; 410 IAC 7-26-274; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA)

410 IAC 7-26-275 410 IAC 7-26-275 Drainboards

410 IAC 7-26-275 Drainboards

Authority: IC 16-42-5-5

Affected: IC 16-42-5

Sec. 275. (a) Drainboards, utensil racks, or tables large enough to accommodate all soiled and cleaned items that may accumulate during hours of operation must be provided for necessary utensil holding before cleaning and after sanitizing.

(b) For purposes of this section, a violation of subsection (a) is a core item. (Indiana Department of Health; 410 IAC 7-26-275; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA)

410 IAC 7-26-276 410 IAC 7-26-276 Ventilation hood systems; adequacy

410 IAC 7-26-276 Ventilation hood systems; adequacy

Authority: IC 16-42-5-5

Affected: IC 16-42-5

Sec. 276. (a) Ventilation hood systems and devices must meet the requirements of 675 IAC 13 and be sufficient in number and capacity to prevent grease or condensation from collecting on walls and ceilings.

(b) For purposes of this section, a violation of subsection (a) is a core item. (Indiana Department of Health; 410 IAC 7-26-276; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA)

410 IAC 7-26-277 410 IAC 7-26-277 Clothes washers and dryers

410 IAC 7-26-277 Clothes washers and dryers

Authority: IC 16-42-5-5

Affected: IC 16-42-5

Sec. 277. (a) Except as specified in subsection (b), if work clothes or linens are laundered on the premises, a mechanical clothes washer and dryer must be provided and used.

(b) If on-premises laundering is limited to wiping cloths intended to be used wet, or wiping cloths are air-dried as specified under section 325 of this rule, a mechanical clothes washer and dryer need not be provided.

(c) For purposes of this section, a violation of subsection (a) is a core item. (Indiana Department of Health; 410 IAC 7-26-277; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA)

410 IAC 7-26-278 410 IAC 7-26-278 Utensils; consumer self-service

410 IAC 7-26-278 Utensils; consumer self-service

Authority: IC 16-42-5-5

Affected: IC 16-42-5

Sec. 278. (a) A food dispensing utensil must be available for each container displayed at a consumer self-service unit, such as a buffet or salad bar.

(b) For purposes of this section, a violation of subsection (a) is a PF item. (Indiana Department of Health; 410 IAC 7-26-278; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA)

410 IAC 7-26-279 410 IAC 7-26-279 Food temperature measuring devices

410 IAC 7-26-279 Food temperature measuring devices

Authority: IC 16-42-5-5

Affected: IC 16-42-5

Sec. 279. (a) Food temperature measuring devices must be provided and readily accessible for use in ensuring attainment and maintenance of food temperatures as specified under sections 154 through 225 of this rule.

(b) A temperature measuring device with a suitable small diameter probe designed to measure the temperature of thin masses must be provided and readily accessible to accurately measure the temperature in thin foods, such as meat patties and fish filets.

(c) For purposes of this section, a violation of subsection (a) or (b) is a PF item. (Indiana Department of Health; 410 IAC 7-26-279; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA)

410 IAC 7-26-280 410 IAC 7-26-280 Manual warewashing

410 IAC 7-26-280 Manual warewashing

Authority: IC 16-42-5-5

Affected: IC 16-42-5

Sec. 280. (a) In manual warewashing operations, a temperature measuring device must be provided and readily accessible for frequently measuring the washing and sanitizing temperatures.

(b) In hot water mechanical warewashing operations, an irreversible registering temperature indicator must be provided and readily accessible for measuring the utensil surface temperature.

(c) For purposes of this section, a violation of subsection (a) or (b) is a PF item. (Indiana Department of Health; 410 IAC 7-26-280; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA)

410 IAC 7-26-281 410 IAC 7-26-281 Sanitizing solutions; testing devices

410 IAC 7-26-281 Sanitizing solutions; testing devices

Authority: IC 16-42-5-5

Affected: IC 16-42-5

Sec. 281. (a) A test kit or other device that accurately measures the concentration in ppm of sanitizing solutions must be provided.

(b) For purposes of this section, a violation of subsection (a) is a PF item. (Indiana Department of Health; 410 IAC 7-26-281; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA)

410 IAC 7-26-282 410 IAC 7-26-282 Cleaning agents and sanitizers; availability

410 IAC 7-26-282 Cleaning agents and sanitizers; availability

Authority: IC 16-42-5-5

Affected: IC 16-42-5

Sec. 282. (a) Cleaning agents used to clean equipment and utensils as specified under sections 306 through 315 of this rule must be provided and available for use during all hours of operation.

(b) Except for those generated onsite at the time of use, chemical sanitizers used to sanitize equipment and utensils as specified under sections 316 through 318 of this rule must be provided and available for use during all hours of operation.

(c) For purposes of this section, a violation of subsection (a) or (b) is a PF item. (Indiana Department of Health; 410 IAC 7-26-282; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA)

410 IAC 7-26-283 410 IAC 7-26-283 Equipment; clothes washers and dryers; storage cabinets

410 IAC 7-26-283 Equipment; clothes washers and dryers; storage cabinets

Authority: IC 16-42-5-5

Affected: IC 16-42-5

Sec. 283. (a) Except as specified in subsection (b), equipment, a cabinet used for the storage of food or cleaned and sanitized equipment, utensils, laundered linens, and single-service and single-use articles may not be located as follows:

(1) In:

(A) locker rooms;

(B) toilet rooms;

(C) garbage rooms; and

(D) mechanical rooms when contamination is likely to occur.

(2) Under:

(A) sewer lines that are not shielded to intercept potential drips;

(B) leaking water lines, including leaking automatic fire sprinkler heads or under lines on which water has condensed;

(C) open stairwells; or

(D) other sources of contamination.

(b) A storage cabinet used for linens, or single-service or single-use articles, may be stored in a locker room.

(c) If a mechanical clothes washer or dryer is provided, it must be located so the washer or dryer is protected from contamination and only where the following are not present:

(1) Exposed food.

(2) Clean equipment, utensils, and linens.

(3) Unwrapped single-service and single-use articles.

(d) For purposes of this section, a violation of subsection (a)(1)(B) is a PF item.

(e) For purposes of this section, a violation of subsection (a)(1)(A), (a)(1)(C), (a)(1)(D), (b), or (c) is a core item. (Indiana Department of Health; 410 IAC 7-26-283; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA)

410 IAC 7-26-284 410 IAC 7-26-284 Fixed equipment; spacing or sealing

410 IAC 7-26-284 Fixed equipment; spacing or sealing

Authority: IC 16-42-5-5

Affected: IC 16-42-5

Sec. 284. (a) Equipment that is fixed because it is not easily movable must be installed so it is:

(1) spaced to allow access for cleaning along the sides, behind, and above the equipment;

(2) spaced from adjoining equipment, walls, and ceilings at a distance of not more than one thirty-second (1/32) of an inch (1 millimeter); or

(3) sealed to adjoining equipment or walls if the equipment is exposed to spillage or seepage.

(b) Counter mounted equipment that is not easily movable must be installed to allow cleaning of the equipment and areas underneath and around the equipment by being:

(1) sealed; or

(2) elevated on legs as specified under section 285(d) of this rule.

(c) For purposes of this section, a violation of subsection (a) or (b) is a core item. (Indiana Department of Health; 410 IAC 7-26-284; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA)

410 IAC 7-26-285 410 IAC 7-26-285 Fixed equipment; elevation or sealing

410 IAC 7-26-285 Fixed equipment; elevation or sealing

Authority: IC 16-42-5-5

Affected: IC 16-42-5

Sec. 285. (a) Except as specified in subsections (b) and (c), floor mounted equipment that is not easily movable must be sealed to the floor or elevated on legs that provide at least a six (6) inch (fifteen (15) centimeter) clearance between the floor and equipment.

(b) If no part of the floor under the floor mounted equipment is more than six (6) inches (fifteen (15) centimeters) from the point of cleaning access, the clearance space may be only four (4) inches (ten (10) centimeters).

(c) This section does not apply to display shelving units, refrigeration units, and freezer units located in consumer shopping areas, such as in a retail food store, if the floor under the units is maintained clean.

(d) Except as specified in subsection (e), counter mounted equipment that is not easily movable must be elevated on legs that provide at least a four (4) inch (ten (10) centimeter) clearance between the table and equipment.

(e) The clearance space between the counter and counter mounted equipment may be:

(1) three (3) inches (seven and five-tenths (7.5) centimeters), if the horizontal distance of the countertop under the equipment is not more than twenty (20) inches (fifty (50) centimeters) from the point of access for cleaning; or

(2) two (2) inches (five (5) centimeters), if the horizontal distance of the countertop under the equipment is not more than three (3) inches (seven and five-tenths (7.5) centimeters) from the point of access for cleaning.

(f) For purposes of this section, a violation of subsection (a) or (d) is a core item. (Indiana Department of Health; 410 IAC 7-26-285; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA)

410 IAC 7-26-286 410 IAC 7-26-286 Good repair and proper adjustment of equipment

410 IAC 7-26-286 Good repair and proper adjustment of equipment

Authority: IC 16-42-5-5

Affected: IC 16-42-5

Sec. 286. (a) Equipment must be maintained in a state of repair and condition that meets the requirements specified under sections 226 through 272 of this rule.

(b) Equipment components, such as:

(1) doors;

(2) seals;

(3) hinges;

(4) fasteners; and

(5) kick plates;

must be kept intact, tight, and adjusted in accordance with manufacturer's specifications.

(c) Cutting or piercing parts of can openers must be kept sharp to minimize the creation of metal fragments that can contaminate food when the container is opened.

(d) For purposes of this section, a violation of subsection (a), (b), or (c) is a core item. (Indiana Department of Health; 410 IAC 7-26-286; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA)

410 IAC 7-26-287 410 IAC 7-26-287 Food equipment; cutting surfaces

410 IAC 7-26-287 Food equipment; cutting surfaces

Authority: IC 16-42-5-5

Affected: IC 16-42-5

Sec. 287. (a) Surfaces, such as cutting blocks and boards, that are subject to scratching and scoring must be resurfaced if they can no longer be effectively cleaned and sanitized, or discarded if they cannot be resurfaced.

(b) For purposes of this section, a violation of subsection (a) is a core item. (Indiana Department of Health; 410 IAC 7-26-287; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA)

410 IAC 7-26-288 410 IAC 7-26-288 Microwave ovens

410 IAC 7-26-288 Microwave ovens

Authority: IC 16-42-5-5

Affected: IC 16-42-5

Sec. 288. (a) Microwave ovens must meet the safety standards specified in 21 CFR 1030.10.

(b) For purposes of this section, a violation of subsection (a) is a core item. (Indiana Department of Health; 410 IAC 7-26-288; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA)

410 IAC 7-26-289 410 IAC 7-26-289 Warewashing machine; cleaning frequency

410 IAC 7-26-289 Warewashing machine; cleaning frequency

Authority: IC 16-42-5-5

Affected: IC 16-42-5

Sec. 289. (a) A warewashing machine; the compartments of sinks, basins, or other receptacles used for washing and rinsing equipment, utensils, or raw foods, or laundering wiping cloths; and drainboards or other equipment used to substitute for drainboards as specified under section 275 of this rule must be cleaned:

(1) before use;

(2) throughout the day, at a frequency necessary to prevent recontamination of equipment and utensils, and to ensure the equipment performs its intended function; and

(3) if used, at least every twenty-four (24) hours.

(b) For purposes of this section, a violation of subsection (a) is a core item. (Indiana Department of Health; 410 IAC 7-26-289; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA)

410 IAC 7-26-290 410 IAC 7-26-290 Warewashing machine; manufacturer's operating instructions

410 IAC 7-26-290 Warewashing machine; manufacturer's operating instructions

Authority: IC 16-42-5-5

Affected: IC 16-42-5

Sec. 290. (a) A warewashing machine and its auxiliary components must be operated in accordance with the machine's data plate and other manufacturer's instructions.

(b) A warewashing machine's conveyor speed or automatic cycle times must be maintained accurately timed in accordance with manufacturer's specifications.

(c) For purposes of this section, a violation of subsection (a) or (b) is a core item. (Indiana Department of Health; 410 IAC 7-26-290; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA)

410 IAC 7-26-291 410 IAC 7-26-291 Warewashing sinks and machines; use limitation

410 IAC 7-26-291 Warewashing sinks and machines; use limitation

Authority: IC 16-42-5-5

Affected: IC 16-42-5

Sec. 291. (a) A warewashing sink may not be used for handwashing as specified under section 143 of this rule or as a service sink.

(b) If a warewashing sink is used to:

(1) wash wiping cloths;

(2) wash produce; or

(3) thaw food;

the sink must be cleaned as specified under section 289 of this rule before and after each time it is used to wash wiping cloths, wash produce, or thaw food. Sinks used to wash or thaw food must be sanitized as specified under sections 316 through 318 of this rule before and after using the sink to wash produce or thaw food.

(c) A warewashing machine may not be used for laundering linens, wiping cloths, food, floor mats, or other items not specified as an intended use of the machine by its manufacturer.

(d) For purposes of this section, a violation of subsection (a), (b), or (c) is a core item. (Indiana Department of Health; 410 IAC 7-26-291; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA)

410 IAC 7-26-292 410 IAC 7-26-292 Warewashing machine; cleaning agents

410 IAC 7-26-292 Warewashing machine; cleaning agents

Authority: IC 16-42-5-5

Affected: IC 16-42-5

Sec. 292. (a) When used for warewashing, the wash compartment of a sink, mechanical warewasher, or wash receptacle of alternative manual warewashing equipment, as specified in subsection 274(c) [section 274(c)] of this rule, must contain a wash solution of:

(1) soap;

(2) detergent;

(3) acid cleaner;

(4) alkaline cleaner;

(5) degreaser;

(6) abrasive cleaner; or

(7) any other cleaning agent;

according to the cleaning agent manufacturer's label instructions.

(b) For purposes of this section, a violation of subsection (a) is a PF item. (Indiana Department of Health; 410 IAC 7-26-292; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA)

410 IAC 7-26-293 410 IAC 7-26-293 Warewashing equipment; clean solutions

410 IAC 7-26-293 Warewashing equipment; clean solutions

Authority: IC 16-42-5-5

Affected: IC 16-42-5

Sec. 293. (a) Wash, rinse, and sanitizing solutions must be maintained clean.

(b) For purposes of this section, a violation of subsection (a) is a core item. (Indiana Department of Health; 410 IAC 7-26-293; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA)

410 IAC 7-26-294 410 IAC 7-26-294 Manual warewashing equipment; wash solution temperature

410 IAC 7-26-294 Manual warewashing equipment; wash solution temperature

Authority: IC 16-42-5-5

Affected: IC 16-42-5

Sec. 294. (a) The temperature of the wash solution in manual warewashing equipment must be maintained at not less than one hundred ten (110) degrees Fahrenheit, forty-three (43) degrees Celsius, or the temperature specified on the cleaning agent manufacturer's label instructions.

(b) For purposes of this section, a violation of subsection (a) is a PF item. (Indiana Department of Health; 410 IAC 7-26-294; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA)

410 IAC 7-26-295 410 IAC 7-26-295 Mechanical warewashing equipment; wash solution temperature

410 IAC 7-26-295 Mechanical warewashing equipment; wash solution temperature

Authority: IC 16-42-5-5

Affected: IC 16-42-5

Sec. 295. (a) The temperature of the wash solution in spray type warewashing machines that use hot water to sanitize may not be less than:

(1) for a stationary rack, single temperature machine, one hundred sixty-five (165) degrees Fahrenheit, seventy-four (74) degrees Celsius;

(2) for a stationary rack, dual temperature machine, one hundred fifty (150) degrees Fahrenheit, sixty-six (66) degrees Celsius;

(3) for a single tank, conveyor, dual temperature machine, one hundred sixty (160) degrees Fahrenheit, seventy-one (71) degrees Celsius; or

(4) for a multi-tank, conveyor, multi-temperature machine, one hundred fifty (150) degrees Fahrenheit, sixty-six (66) degrees Celsius.

(b) The temperature of the wash solution in spray-type warewashers that use chemicals to sanitize may not be less than one hundred twenty (120) degrees Fahrenheit, forty-nine (49) degrees Celsius.

| Hot Water Machine Type | Type of Temperature | Wash Temperature of Machine | Sanitization Temperature of the Machine | | --- | --- | --- | --- | | Stationary Rack | Single Temperature | 165ºF(74°C) | 165ºF(74°C) | | Stationary Rack | Dual Temperature | 150ºF (66°C) | 180ºF(82°C) | | Single Tank, conveyor | Dual Temperature | 160ºF(71°C) | 180ºF(82°C) | | Multi-Tank, conveyor | Multi-Temperature | 150ºF( 66°C) | 180ºF(82°C) | | Chemical Machine | | 120ºF (49°C) | Per Sanitizer Manufacturer |

(c) For purposes of this section, a violation of subsection (a) or (b) is a PF item. (Indiana Department of Health; 410 IAC 7-26-295; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA)

410 IAC 7-26-296 410 IAC 7-26-296 Manual warewashing equipment; hot water sanitization temperature

410 IAC 7-26-296 Manual warewashing equipment; hot water sanitization temperature

Authority: IC 16-42-5-5

Affected: IC 16-42-5

Sec. 296. (a) If immersion in hot water is used for sanitizing in a manual operation, the temperature of the water must be maintained at one hundred seventy (170) degrees Fahrenheit, seventy-seven (77) degrees Celsius, or above.

(b) For purposes of this section, a violation of subsection (a) is a P item. (Indiana Department of Health; 410 IAC 7-26-296; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA)

410 IAC 7-26-297 410 IAC 7-26-297 Mechanical warewashing machine; hot water sanitization temperatures

410 IAC 7-26-297 Mechanical warewashing machine; hot water sanitization temperatures

Authority: IC 16-42-5-5

Affected: IC 16-42-5

Sec. 297. (a) Except as specified in subsection (b), in a mechanical operation, the temperature of the fresh hot water sanitizing rinse as it enters the manifold may not be more than ninety (90) degrees Celsius, one hundred ninety-four (194) degrees Fahrenheit, or less than:

(1) for a stationary rack, single temperature machine, one hundred sixty-five (165) degrees Fahrenheit, seventy-four (74) degrees Celsius;or

(2) for all other machines, one hundred eighty (180) degrees Fahrenheit, eighty-two (82) degrees Celsius.

(b) The maximum temperature specified under subsection (a) does not apply to the high pressure and temperature systems with wand-type, hand-held spraying devices used for the in-place cleaning and sanitizing of equipment, such as meat saws.

(c) For purposes of this section, a violation of subsection (a) is a PF item. (Indiana Department of Health; 410 IAC 7-26-297; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA)

410 IAC 7-26-298 410 IAC 7-26-298 Mechanical warewashing; sanitization pressure

410 IAC 7-26-298 Mechanical warewashing; sanitization pressure

Authority: IC 16-42-5-5

Affected: IC 16-42-5

Sec. 298. (a) The flow pressure of the fresh hot water sanitizing rinse in a warewashing machine, as measured in the water line immediately downstream or upstream from the fresh hot water sanitizing rinse control value, must be within the range specified on the machine manufacturer's data plate and may not be less than fifteen (15) pounds per square inch, one hundred four (104) kilopascals, or more than twenty-five (25) pounds per square inch, one hundred seventy-three (173) kilopascals.

(b) For purposes of this section, a violation of subsection (a) is a core item. (Indiana Department of Health; 410 IAC 7-26-298; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA)

410 IAC 7-26-299 410 IAC 7-26-299 Manual and mechanical warewashing chemical sanitization: temperature; pH; concentration; hardness

410 IAC 7-26-299 Manual and mechanical warewashing chemical sanitization: temperature; pH; concentration; hardness

Authority: IC 16-42-5-5

Affected: IC 16-42-5

Sec. 299. (a) A chemical sanitizer used in a sanitizing solution for a manual or mechanical operation, at contact times specified under section 318(a)(3) of this rule, must meet the criteria specified under section 461 of this rule and be used in accordance with the EPA registered label use instructions, and as follows:

(1) A chlorine solution must have a minimum temperature based on the concentration and pH of the solution as listed in the following chart:

| Concentration Range | Minimum Temperature | Exposure Times Specified in 410 IAC 7-26-318 | | | --- | --- | --- | --- | | ppm (mg/L) | pH 10 or less °F (°C) | pH 8 or less °F (°C) | | | 25 - 49 | 120 (49) | 120 (49) | 10 Seconds | | 50-99 | 100 (38) | 75 (24) | 7 Seconds | | 100 | 55 (13) | 55 (13) | 10 Seconds |

(2) An iodine solution must have a:

(A) temperature of at least sixty-eight (68) degrees Fahrenheit, twenty (20) degrees Celsius;

(B) pH of not more than 5.0 or a pH not higher than the level for which the manufacturer specifies the solution is effective; and

(C) concentration between twelve and one-half (12.5) ppm and twenty-five (25) ppm.

(3) A quaternary ammonium compound solution must:

(A) have a minimum temperature of seventy-five (75) degrees Fahrenheit, twenty- four (24) degrees Celsius;

(B) have a concentration as specified under section 461 of this rule and as indicated by the manufacturer's use directions included in the labeling; and

(C) be used only in water with five hundred (500) ppm hardness or less, or in water having a hardness not greater than specified by the EPA registered label use instructions.

(4) If another solution of a chemical specified under subsection (a)(1) through (a)(3) is used, the owner or operator of the retail food establishment shall demonstrate to the regulatory authority that the solution achieves sanitization, and the use of the solution shall be approved.

(5) If a chemical sanitizer other than chlorine, iodine, or a quaternary ammonium compound is used, it must be applied in accordance with the EPA registered label use instructions.

(6) If a chemical sanitizer is generated by a device located onsite at the retail food establishment, it must be used as specified under subsection (a)(1) through (a)(4) and produced by a device that:

(A) complies with regulation as specified in 7 U.S.C. 136(q)(1) and 7 U.S.C. 136(j);

(B) complies with 40 CFR 152.500 and 40 CFR 156.10;

(C) displays the EPA device manufacturing facility registration number on the device; and

(D) is operated and maintained in accordance with manufacturer's instructions.

(b) For purposes of this section, a violation of subsection (a)(1), (a)(2), (a)(3), (a)(4), (a)(5), (a)(6)(A), or (a)(6)(B) is a P item.

(c) For purposes of this section, a violation of subsection (a)(6)(C) or (a)(6)(D) is a PF item. (Indiana Department of Health; 410 IAC 7-26-299; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA)

410 IAC 7-26-300 410 IAC 7-26-300 Manual warewashing equipment; chemical sanitization using detergent-sanitizers

410 IAC 7-26-300 Manual warewashing equipment; chemical sanitization using detergent-sanitizers

Authority: IC 16-42-5-5

Affected: IC 16-42-5

Sec. 300. (a) If a detergent-sanitizer is used to sanitize in a cleaning and sanitizing procedure where there is no distinct water rinse between the washing and sanitizing steps, the agent applied in the sanitizing step must be the same detergent-sanitizer used in the washing step.

(b) For purposes of this section, a violation of subsection (a) is a core item. (Indiana Department of Health; 410 IAC 7-26-300; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA)

410 IAC 7-26-301 410 IAC 7-26-301 Sanitizing solutions; testing devices for warewashing equipment

410 IAC 7-26-301 Sanitizing solutions; testing devices for warewashing equipment

Authority: IC 16-42-5-5

Affected: IC 16-42-5

Sec. 301. (a) The concentration of a sanitizing solution may be accurately determined by using a test kit or other device.

(b) For purposes of this section, a violation of subsection (a) is a PF item. (Indiana Department of Health; 410 IAC 7-26-302; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA)

410 IAC 7-26-302 410 IAC 7-26-302 Good repair and calibration

410 IAC 7-26-302 Good repair and calibration

Authority: IC 16-42-5-5

Affected: IC 16-42-5

Sec. 302. (a) Utensils not maintained in a state of repair or condition that complies with the requirements specified under sections 226 through 272 of this rule must be removed from the premises.

(b) Food temperature measuring devices must be calibrated in accordance with manufacturer's specifications as needed to ensure their accuracy.

(c) Ambient air temperature, water pressure, and water temperature measuring devices must be maintained in good repair and be accurate within the intended range of use.

(d) For purposes of this section, a violation of subsection (a) or (c) is a core item.

(e) For purposes of this section, a violation of subsection (b) is a PF item. (Indiana Department of Health; 410 IAC 7-26-302; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA)

410 IAC 7-26-303 410 IAC 7-26-303 Single-service and single-use articles; required use

410 IAC 7-26-303 Single-service and single-use articles; required use

Authority: IC 16-42-5-5

Affected: IC 16-42-5

Sec. 303. (a) An owner or operator of a retail food establishment without facilities specified under sections 306 through 318 of this rule for cleaning and sanitizing kitchenware and tableware shall provide only single-use kitchenware, single-service articles, and single-use articles for use by food employees, and single-service articles for use by consumers.

(b) For purposes of this section, a violation of subsection (a) is a P item. (Indiana Department of Health; 410 IAC 7-26-303; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA)

410 IAC 7-26-304 410 IAC 7-26-304 Single-service, single-use, and shell articles; bulk milk container requirements

410 IAC 7-26-304 Single-service, single-use, and shell articles; bulk milk container requirements

Authority: IC 16-42-5-5

Affected: IC 16-42-5

Sec. 304. (a) Single-service and single-use articles may not be reused.

(b) A bulk milk container dispensing tube must be cut on a diagonal leaving not more than one inch (2.54 centimeters) protruding from the chilled dispensing head.

(c) For purposes of this section, a violation of subsection (a) or (b) is a core item. (Indiana Department of Health; 410 IAC 7-26-304; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA)

410 IAC 7-26-305 410 IAC 7-26-305 Shells and planks; use limitation

410 IAC 7-26-305 Shells and planks; use limitation

Authority: IC 16-42-5-5

Affected: IC 16-42-5

Sec. 305. (a) Mollusk shells, crustacean shells, and cedar planks may not be used more than once as serving containers.

(b) For purposes of this section, a violation of subsection (a) is a core item. (Indiana Department of Health; 410 IAC 7-26-305; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA)

410 IAC 7-26-306 410 IAC 7-26-306 Equipment food contact surfaces, non-food contact surfaces, and utensils

410 IAC 7-26-306 Equipment food contact surfaces, non-food contact surfaces, and utensils

Authority: IC 16-42-5-5

Affected: IC 16-42-5

Sec. 306. (a) Equipment food contact surfaces and utensils must be clean to sight and touch.

(b) The food contact surfaces of cooking equipment and pans must be kept free of encrusted grease deposits and other soil accumulations.

(c) Non-food contact surfaces of equipment must be kept free of an accumulation of:

(1) dust;

(2) dirt;

(3) food residue; and

(4) other debris.

(d) For purposes of this section, a violation of subsection (a) is a PF item.

(e) For purposes of this section, a violation of subsection (b) or (c) is a core item. (Indiana Department of Health; 410 IAC 7-26-306; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA)

410 IAC 7-26-307 410 IAC 7-26-307 Equipment food contact surfaces and utensils; cleaning frequency

410 IAC 7-26-307 Equipment food contact surfaces and utensils; cleaning frequency

Authority: IC 16-42-5-5

Affected: IC 16-42-5

Sec. 307. (a) Equipment food contact surfaces and utensils must be cleaned:

(1) except as specified in subsection (b), before each use with a different type of raw animal food, such as:

(A) meat;

(B) poultry; or

(C) fish;

(2) each time there is a change from working with raw foods to ready-to-eat foods;

(3) between uses with raw fruits and vegetables and TCS food;

(4) before using or storing a food temperature measuring device; and

(5) at any time during the operation when contamination may have occurred.

(b) Subsection (a)(1) does not apply if the food contact surface or utensil is in contact with a succession of different raw animal foods, each requiring a higher cooking temperature than the previous type, as specified under section 198 of this rule.

(c) Except as specified in subsection (d), if used with TCS food, equipment food contact surfaces and utensils must be cleaned throughout the day at least every four (4) hours.

(d) Surfaces of utensils and equipment contacting TCS food may be cleaned less frequently than every four (4) hours if:

(1) in storage, containers of TCS food and their contents are maintained at temperatures specified under sections 154 through 225 of this rule, and the containers are cleaned when they are empty;

(2) utensils and equipment are used to prepare food in a refrigerated room or area that is maintained at one (1) of the temperatures in the following chart and:

(A) the utensils and equipment are cleaned at the frequency in the following chart that corresponds to the temperature; and

| Temperature | Cleaning Frequency | | --- | --- | | 41°F (5.0°C) or less | 24 hours | | >41°F - 45°F (>5.0°C - 7.2°C) | 20 hours | | >45°F - 50°F (>7.2°C - 10.0°C) | 16 hours | | >50°F - 55°F (>10.0°C - 12.8°C) | 10 hours |

(B) the cleaning frequency based on the ambient temperature of the refrigerated room or area is documented in the retail food establishment;

(3) containers in serving situations, such as salad bars, delis, and cafeteria lines hold ready-to-eat TCS food maintained at the temperatures specified under sections 154 through 225 of this rule, are intermittently combined with additional supplies of the same food at the required temperature, and the containers are cleaned at least every twenty-four (24) hours;

(4) temperature measuring devices are maintained in contact with food, such as when left in a container of deli food or in a roast, held at temperatures specified under sections 154 through 225 of this rule;

(5) equipment is used for storage of packaged or unpackaged food, such as a reach-in refrigerator, and the equipment is cleaned at a frequency necessary to preclude accumulation of soil residues;

(6) the cleaning schedule is approved based on consideration of:

(A) characteristics of the equipment and its use;

(B) the type of food involved;

(C) the amount of food residue accumulation; and

(D) the temperature at which the food is maintained during the operation and the potential for the rapid and progressive multiplication of pathogenic or toxic microorganisms that are capable of causing foodborne disease; or

(7) in-use utensils are intermittently stored in a container of water in which the water is maintained at least one hundred thirty-five (135) degrees Fahrenheit, fifty-seven (57) degrees Celsius, and the utensils and container are cleaned at least every twenty-four (24) hours, or at a frequency necessary to preclude accumulation of soil residues.

(e) Except when dry cleaning methods are used as specified under section 310 of this rule, surfaces of utensils and equipment contacting food that is not a TCS food must be cleaned:

(1) at any time when contamination may have occurred;

(2) at least every twenty-four (24) hours for iced tea dispensers and consumer self-service utensils, such as tongs, scoops, or ladles;

(3) before restocking consumer self-service equipment and utensils, such as condiment dispensers and display containers; and

(4) in equipment, such as ice bins and beverage dispensing nozzles, and enclosed components of equipment, such as:

(A) ice makers;

(B) cooking oil storage tanks and distribution lines;

(C) beverage and syrup dispensing lines or tubes;

(D) coffee bean grinders; and

(E) water vending equipment:

(i) at a frequency specified by the manufacturer; or

(ii) absent manufacturer specifications, at a frequency necessary to preclude accumulation of soil or mold.

(f) For purposes of this section, a violation of subsection (a) or (c) is a P item.

(g) For purposes of this section, a violation of subsection (e) is a core item. (Indiana Department of Health; 410 IAC 7-26-307; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA)

410 IAC 7-26-308 410 IAC 7-26-308 Cooking and baking equipment

410 IAC 7-26-308 Cooking and baking equipment

Authority: IC 16-42-5-5

Affected: IC 16-42-5

Sec. 308. (a) The food contact surfaces of cooking and baking equipment must be cleaned at least every twenty-four (24) hours. This section does not apply to hot oil cooking and filtering equipment if it is cleaned as specified in section 307(d)(6) of this rule.

(b) The cavities and door seals of microwave ovens must be cleaned at least every twenty-four (24) hours by using the manufacturer's recommended cleaning procedure.

(c) For purposes of this section, a violation of subsection (a) or (b) is a core item. (Indiana Department of Health; 410 IAC 7-26-308; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA)

410 IAC 7-26-309 410 IAC 7-26-309 Non-food contact surfaces; cleaning frequency

410 IAC 7-26-309 Non-food contact surfaces; cleaning frequency

Authority: IC 16-42-5-5

Affected: IC 16-42-5

Sec. 309. (a) Non-food contact surfaces of equipment must be cleaned at a frequency necessary to preclude accumulation of soil residues.

(b) For purposes of this section, a violation of subsection (a) is a core item. (Indiana Department of Health; 410 IAC 7-26-309; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA)

410 IAC 7-26-310 410 IAC 7-26-310 Dry cleaning methods

410 IAC 7-26-310 Dry cleaning methods

Authority: IC 16-42-5-5

Affected: IC 16-42-5

Sec. 310. (a) If used, dry cleaning methods, such as brushing, scraping, and vacuuming may contact only surfaces that are soiled with dry food residues that are not TCS food.

(b) Cleaning equipment used in dry cleaning food contact surfaces may not be used for any other purpose.

(c) For purposes of this section, a violation of subsection (a) or (b) is a core item. (Indiana Department of Health; 410 IAC 7-26-310; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA)

410 IAC 7-26-311 410 IAC 7-26-311 Precleaning

410 IAC 7-26-311 Precleaning

Authority: IC 16-42-5-5

Affected: IC 16-42-5

Sec. 311. (a) Food debris on equipment and utensils must be:

(1) scraped over a waste disposal unit or garbage receptacle; or

(2) removed in a warewashing machine with a prewash cycle.

(b) If necessary for effective cleaning, utensils and equipment may be preflushed, presoaked, or scrubbed with abrasives.

(c) For purposes of this section, a violation of subsection (a) or (b) is a core item. (Indiana Department of Health; 410 IAC 7-26-311; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA)

410 IAC 7-26-312 410 IAC 7-26-312 Warewashing machine; loading of soiled items

410 IAC 7-26-312 Warewashing machine; loading of soiled items

Authority: IC 16-42-5-5

Affected: IC 16-42-5

Sec. 312. (a) Soiled items to be cleaned in a warewashing machine must be loaded into racks, trays, or baskets, or onto conveyors, in a position that:

(1) exposes the items to the unobstructed spray from each cycle; and

(2) allows the items to drain.

(b) For purposes of this section, a violation of subsection (a) is a core item. (Indiana Department of Health; 410 IAC 7-26-312; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA)

410 IAC 7-26-313 410 IAC 7-26-313 Wet cleaning

410 IAC 7-26-313 Wet cleaning

Authority: IC 16-42-5-5

Affected: IC 16-42-5

Sec. 313. (a) Equipment food contact surfaces and utensils must be effectively washed to remove or completely loosen soils by using the manual or mechanical means necessary, such as the application of:

(1) detergents containing wetting agents and emulsifiers;

(2) acid, alkaline, or abrasive cleaners;

(3) hot water;

(4) brushes;

(5) scouring pads;

(6) high-pressure sprays; or

(7) ultrasonic devices.

(b) The washing procedures selected are based on:

(1) the type and purpose of the equipment or utensil; and

(2) the type of soil to be removed.

(c) For purposes of this section, a violation of subsection (a) or (b) is a core item. (Indiana Department of Health; 410 IAC 7-26-313; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA)

410 IAC 7-26-314 410 IAC 7-26-314 Washing; procedures for alternative manual warewashing equipment

410 IAC 7-26-314 Washing; procedures for alternative manual warewashing equipment

Authority: IC 16-42-5-5

Affected: IC 16-42-5

Sec. 314. (a) If washing in sink compartments or a warewashing machine is impractical, such as when the equipment is fixed or the utensils are too large, washing may be done by using alternative manual warewashing equipment as specified in section 274(c) of this rule in accordance with the following procedures:

(1) Equipment may be disassembled as necessary to allow access of the detergent solution to all parts.

(2) Equipment components and utensils may be scrapped or rough cleaned to remove food particle accumulation.

(3) Equipment and utensils must be washed as specified under section 313(a) of this rule.

(b) For purposes of this section, a violation of subsection (a) is a core item. (Indiana Department of Health; 410 IAC 7-26-314; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA)

410 IAC 7-26-315 410 IAC 7-26-315 Rinsing procedures

410 IAC 7-26-315 Rinsing procedures

Authority: IC 16-42-5-5

Affected: IC 16-42-5

Sec. 315. (a) Washed utensils and equipment must be rinsed so that abrasives and cleaning chemicals are removed or diluted through the use of water or a detergent-sanitizer solution by using one (1) of the following procedures:

(1) Use of a distinct, separate water rinse after washing and before sanitizing if using:

(A) a three (3) compartment sink;

(B) alternative manual warewashing equipment equivalent to a three (3) compartment sink as specified in section 274(c) of this rule; or

(C) a three (3) step washing, rinsing, and sanitizing procedure in a warewashing system for CIP equipment.

(2) Use of a detergent-sanitizer as specified under section 300 of this rule if using:

(A) alternative warewashing equipment as specified in section 274(c) of this rule that is approved for use with a detergent-sanitizer; or

(B) a warewashing system for CIP equipment.

(3) Use of a nondistinct water rinse that is integrated in the hot water sanitization immersion step of a two (2) compartment sink operation.

(4) If using a warewashing machine that does not recycle the sanitizing solution as specified under subdivision (5), or alternative manual warewashing equipment, such as sprayers, use of a nondistinct water rinse that is:

(A) integrated in the application of the sanitizing solution; and

(B) wasted immediately after each application.

(5) If using a warewashing machine that recycles the sanitizing solution for use in the next wash cycle, use of a nondistinct water rinse that is integrated in the application of the sanitizing solution.

(b) For purposes of this section, a violation of subsection (a) is a core item. (Indiana Department of Health; 410 IAC 7-26-315; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA)

410 IAC 7-26-316 410 IAC 7-26-316 Requirement for cleaning food contact surfaces

410 IAC 7-26-316 Requirement for cleaning food contact surfaces

Authority: IC 16-42-5-5

Affected: IC 16-42-5

Sec. 316. (a) Equipment food contact surfaces and utensils must be sanitized.

(b) For purposes of this section, a violation of subsection (a) is a P item. (Indiana Department of Health; 410 IAC 7-26-316; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA)

410 IAC 7-26-317 410 IAC 7-26-317 When to sanitize food contact surfaces

410 IAC 7-26-317 When to sanitize food contact surfaces

Authority: IC 16-42-5-5

Affected: IC 16-42-5

Sec. 317. (a) Utensils and food contact surfaces of equipment must be sanitized before use after cleaning.

(b) For purposes of this section, a violation of subsection (a) is a P item. (Indiana Department of Health; 410 IAC 7-26-317; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA)

410 IAC 7-26-318 410 IAC 7-26-318 Hot water and chemical methods for sanitization

410 IAC 7-26-318 Hot water and chemical methods for sanitization

Authority: IC 16-42-5-5

Affected: IC 16-42-5

Sec. 318. (a) After being cleaned, equipment food contact surfaces and utensils must be sanitized in:

(1) hot water manual operations by immersion for at least thirty (30) seconds as specified under section 296 of this rule;

(2) hot water mechanical operations by being cycled through equipment set up as specified under sections 290, 297, and 298 of this rule and achieving a utensil surface temperature of one hundred sixty (160) degrees Fahrenheit, seventy-one (71) degrees Celsius, as measured by an irreversible registering temperature indicator; or

(3) chemical manual or mechanical operations, including the application of sanitizing chemicals by immersion, manual swabbing, brushing, or pressure spraying methods, using a solution as specified under section 299 of this rule. Contact times must be consistent with those on EPA registered label use instructions by providing:

(A) except as specified under clause (B), a contact time of at least ten (10) seconds for a chlorine solution specified under section 299(a)(1) of this rule;

(B) a contact time of at least seven (7) seconds for a chlorine solution of fifty (50) ppm that has a pH of ten (10) or less and a temperature of at least one hundred degrees Fahrenheit, thirty-eight (38) degrees Celsius, or a pH of eight (8) or and a temperature of at least seventy five (75) degrees Fahrenheit, twenty-four(24) degrees Celsius;

(C) a contact time of at least thirty (30) seconds for other chemical sanitizing solutions; or

(D) a contact time used in relationship with a combination of temperature, concentration, and pH that when evaluated for efficacy, yields sanitization, as defined in section 108 of this rule.

(b) For purposes of this section, a violation of subsection (a) is a P item. (Indiana Department of Health; 410 IAC 7-26-318; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA)

410 IAC 7-26-319 410 IAC 7-26-319 Clean linens

410 IAC 7-26-319 Clean linens

Authority: IC 16-42-5-5

Affected: IC 16-42-5

Sec. 319. (a) Clean linens must be free from food residues and other soiling matter.

(b) For purposes of this section, a violation of subsection (a) is a core item. (Indiana Department of Health; 410 IAC 7-26-319; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA)

410 IAC 7-26-320 410 IAC 7-26-320 Specifications for laundering

410 IAC 7-26-320 Specifications for laundering

Authority: IC 16-42-5-5

Affected: IC 16-42-5

Sec. 320. (a) Linens that do not come in direct contact with food must be laundered between operations if they become:

(1) wet;

(2) sticky; or

(3) visibly soiled.

(b) Cloth gloves used as specified in section 186(d) of this rule must be laundered before being used with a different type of raw animal food, such as the following:

(1) Beef.

(2) Fish.

(3) Lamb.

(4) Pork.

(5) Poultry.

(c) Linens and napkins that are used as specified under section 184 of this rule must be laundered between each use.

(d) Wet wiping cloths must be laundered daily.

(e) Dry wiping cloths must be laundered as necessary to prevent contamination of food and clean serving utensils.

(f) For purposes of this section, a violation of subsection (a), (b), (c), (d), or (e) is a core item. (Indiana Department of Health; 410 IAC 7-26-320; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA)

410 IAC 7-26-321 410 IAC 7-26-321 Storage of soiled linens

410 IAC 7-26-321 Storage of soiled linens

Authority: IC 16-42-5-5

Affected: IC 16-42-5

Sec. 321. (a) Soiled linens must be kept in clean, nonabsorbent receptacles or clean, washable laundry bags, and stored and transported to prevent contamination of:

(1) food;

(2) clean equipment;

(3) clean utensils; and

(4) single-service and single-use articles.

(b) For purposes of this section, a violation of subsection (a) is a core item. (Indiana Department of Health; 410 IAC 7-26-321; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA)

410 IAC 7-26-322 410 IAC 7-26-322 Linens

410 IAC 7-26-322 Linens

Authority: IC 16-42-5-5

Affected: IC 16-42-5

Sec. 322. (a) Except as specified in subsection (b), linens must be mechanically washed.

(b) In retail food establishments in which only wiping cloths are laundered as specified in section 277(b) of this rule, the wiping cloths may be laundered in a:

(1) mechanical washer;

(2) sink designated only for laundering wiping cloths; or

(3) warewashing or food preparation sink that is cleaned as specified under section 289 of this rule.

(c) For purposes of this section, a violation of subsection (a) is a core item. (Indiana Department of Health; 410 IAC 7-26-322; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA)

410 IAC 7-26-323 410 IAC 7-26-323 Use of laundry facilities

410 IAC 7-26-323 Use of laundry facilities

Authority: IC 16-42-5-5

Affected: IC 16-42-5

Sec. 323. (a) Except as specified in subsection (b), laundry facilities on the premises of a retail food establishment may be used only for the washing and drying of items used in the operation of the establishment.

(b) Separate laundry facilities located on the premises for the purpose of general laundering, such as for institutions providing boarding and lodging, may also be used for laundering retail food establishment items.

(c) For purposes of this section, a violation of subsection (a) is a core item. (Indiana Department of Health; 410 IAC 7-26-323; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA)

410 IAC 7-26-324 410 IAC 7-26-324 Equipment and utensils; air drying required

410 IAC 7-26-324 Equipment and utensils; air drying required

Authority: IC 16-42-5-5

Affected: IC 16-42-5

Sec. 324. (a) After cleaning and sanitizing, equipment and utensils:

(1) must be air-dried or used after adequate draining, as specified in 40 CFR 180.940, before contact with food; and

(2) may not be cloth-dried, but utensils that have been air-dried may be polished with cloths that are maintained clean and dry.

(b) For purposes of this section, a violation of subsection (a) is a core item. (Indiana Department of Health; 410 IAC 7-26-324; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA)

410 IAC 7-26-325 410 IAC 7-26-325 Wiping cloths; air drying locations

410 IAC 7-26-325 Wiping cloths; air drying locations

Authority: IC 16-42-5-5

Affected: IC 16-42-5

Sec. 325. (a) Wiping cloths laundered in a retail food establishment that does not have a mechanical clothes dryer, as specified in section 277(b) of this rule, must be air-dried in a location and in a way that prevents contamination of:

(1) food;

(2) equipment;

(3) utensils;

(4) linens;

(5) single-service and single-use articles; and

(6) wiping cloths.

This section does not apply if wiping cloths are stored after laundering in a sanitizing solution as specified under section 299 of this rule.

(b) For purposes of this section, a violation of subsection (a) is a core item. (Indiana Department of Health; 410 IAC 7-26-325; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA)

410 IAC 7-26-326 410 IAC 7-26-326 Lubricants for food contact surfaces

410 IAC 7-26-326 Lubricants for food contact surfaces

Authority: IC 16-42-5-5

Affected: IC 16-42-5

Sec. 326. (a) Lubricants, as specified under section 465 of this rule, must be applied to food contact surfaces that require lubrication in a way that does not contaminate food contact surfaces.

(b) For purposes of this section, a violation of subsection (a) is a core item. (Indiana Department of Health; 410 IAC 7-26-326; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA)

410 IAC 7-26-327 410 IAC 7-26-327 Lubricating and reassembling

410 IAC 7-26-327 Lubricating and reassembling

Authority: IC 16-42-5-5

Affected: IC 16-42-5

Sec. 327. (a) Equipment must be reassembled so that food contact surfaces are not contaminated.

(b) For purposes of this section, a violation of subsection (a) is a core item. (Indiana Department of Health; 410 IAC 7-26-327; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA)

410 IAC 7-26-328 410 IAC 7-26-328 Storage of equipment, utensils, linens, and single-service and single-use articles

410 IAC 7-26-328 Storage of equipment, utensils, linens, and single-service and single-use articles

Authority: IC 16-42-5-5

Affected: IC 16-42-5

Sec. 328. (a) Except as specified in subsection (d), cleaned equipment and utensils, laundered linens, and single-service and single-use articles must be stored:

(1) in a clean, dry location;

(2) where they are not exposed to splash, dust, or other contamination; and

(3) at least six (6) inches (fifteen (15) cm) above the floor.

(b) Clean equipment and utensils must be stored as specified under subsection (a) and:

(1) in a self-draining position that allows air drying; and

(2) covered or inverted.

(c) Single-service and single-use articles must be stored as specified under subsection (a) and kept in the original protective package or stored by using other means that afford protection from contamination until used.

(d) Items kept in closed packages may be stored less than six (6) inches (fifteen (15) centimeters) above the floor on dollies, pallets, racks, and skids designed as specified under section 270 of this rule.

(e) For purposes of this section, a violation of subsection (a), (b), or (c) is a core item. (Indiana Department of Health; 410 IAC 7-26-328; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA)

410 IAC 7-26-329 410 IAC 7-26-329 Storage prohibitions of clean items

410 IAC 7-26-329 Storage prohibitions of clean items

Authority: IC 16-42-5-5

Affected: IC 16-42-5

Sec. 329. (a) Except as specified in subsection (b), cleaned and sanitized equipment, utensils, laundered linens, and single-service and single-use articles may not be stored:

(1) in locker rooms;

(2) in toilet rooms;

(3) in garbage rooms;

(4) in mechanical rooms, when contamination is likely to occur;

(5) under sewer lines that are not shielded to intercept potential drips;

(6) under leaking water lines, including leaking automatic fire sprinkler heads or under lines on which water has condensed;

(7) under open stairwells; or

(8) under other sources of contamination.

(b) Laundered linens and single-service and single-use articles that are packaged or in a facility, such as a cabinet, may be stored in a locker room.

(c) For purposes of this section, a violation of subsection (a)(2) is a PF item.

(d) For purposes of this section, a violation of subsection (a)(1) or subsection (a)(3) through (a)(8) is a core item. (Indiana Department of Health; 410 IAC 7-26-329; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA)

410 IAC 7-26-330 410 IAC 7-26-330 Handling of kitchenware and tableware

410 IAC 7-26-330 Handling of kitchenware and tableware

Authority: IC 16-42-5-5

Affected: IC 16-42-5

Sec. 330. (a) Single-service articles, single-use articles, and utensils that have been sanitized must be handled, displayed, and dispensed so that contamination of food contact and lip contact surfaces is prevented.

(b) Knives, forks, and spoons that are not prewrapped must be presented so that only the handles are touched by employees and consumers if consumer self-service is provided.

(c) Except as specified under subsection (b), single-service articles intended for food contact or lip contact must be furnished for consumer self-service with the original individual wrapper intact or from an approved dispenser.

(d) For purposes of this section, a violation of subsection (a), (b), or (c) is a core item. (Indiana Department of Health; 410 IAC 7-26-330; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA)

410 IAC 7-26-331 410 IAC 7-26-331 Handling of soiled and clean tableware

410 IAC 7-26-331 Handling of soiled and clean tableware

Authority: IC 16-42-5-5

Affected: IC 16-42-5

Sec. 331. (a) Soiled tableware must be removed from consumer eating and drinking areas and handled so that clean tableware is not contaminated.

(b) For purposes of this section, a violation of subsection (a) is a core item. (Indiana Department of Health; 410 IAC 7-26-331; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA)

410 IAC 7-26-332 410 IAC 7-26-332 Protection of preset tableware

410 IAC 7-26-332 Protection of preset tableware

Authority: IC 16-42-5-5

Affected: IC 16-42-5

Sec. 332. (a) Except as specified in (b) of this section [sic, subsection (b)] , tableware that is preset must be protected from contamination by being wrapped, covered, or inverted.

(b) Preset tableware may be exposed if:

(1) unused settings are removed when a consumer is seated; or

(2) settings not removed when a consumer is seated are cleaned and sanitized before a different set of consumers are seated.

(c) For purposes of this section, a violation of subsection (a) is a core item. (Indiana Department of Health; 410 IAC 7-26-332; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA)

410 IAC 7-26-333 410 IAC 7-26-333 Rinsing equipment and utensils after cleaning and sanitizing

410 IAC 7-26-333 Rinsing equipment and utensils after cleaning and sanitizing

Authority: IC 16-42-5-5

Affected: IC 16-42-5

Sec. 333. (a) After being cleaned and sanitized, equipment and utensils may not be rinsed before air drying or use unless:

(1) the rinse is applied directly from a potable water supply by a warewashing machine that is maintained and operated as specified under sections 289 through 301 of this rule; and

(2) the rinse is applied only after the equipment and utensils have been sanitized by the application of hot water or a chemical sanitizer solution, with EPA registered label use instructions requiring rinsing off the sanitizer after it is applied in a commercial warewashing machine.

(b) For purposes of this section, a violation of subsection (a) is a core item. (Indiana Department of Health; 410 IAC 7-26-333; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA)

410 IAC 7-26-334 410 IAC 7-26-334 Water source

410 IAC 7-26-334 Water source

Authority: IC 16-42-5-5

Affected: IC 16-42-5

Sec. 334. (a) Drinking water must be obtained from an approved source that is:

(1) a public water system; or

(2) a nonpublic water system constructed, maintained, and operated under 327 IAC 8.

(b) For purposes of this section, a violation of subsection (a) is a P item. (Indiana Department of Health; 410 IAC 7-26-334; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA)

410 IAC 7-26-335 410 IAC 7-26-335 System flushing and disinfection

410 IAC 7-26-335 System flushing and disinfection

Authority: IC 16-42-5-5

Affected: IC 16-42-5

Sec. 335. (a) A drinking water system must be flushed and disinfected before being placed in service after construction, repair, modification, or an emergency situation, such as a flood, which may introduce contaminants to the system.

(b) For purposes of this section, a violation of subsection (a) is a P item. (Indiana Department of Health; 410 IAC 7-26-335; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA)

410 IAC 7-26-336 410 IAC 7-26-336 Bottled drinking water

410 IAC 7-26-336 Bottled drinking water

Authority: IC 16-42-5-5

Affected: IC 16-42-5

Sec. 336. (a) Bottled drinking water used or sold in a retail food establishment must be obtained from approved sources in accordance with 21 CFR 129.

(b) For purposes of this section, a violation of subsection (a) is a P item. (Indiana Department of Health; 410 IAC 7-26-336; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA)

410 IAC 7-26-337 410 IAC 7-26-337 Water standards

410 IAC 7-26-337 Water standards

Authority: IC 16-42-5-5

Affected: IC 16-42-5

Sec. 337. (a) Drinking water must meet the quality standards specified in 327 IAC 8.

(b) For purposes of this section, a violation of subsection (a) is a P item. (Indiana Department of Health; 410 IAC 7-26-337; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA)

410 IAC 7-26-338 410 IAC 7-26-338 Nondrinking water

410 IAC 7-26-338 Nondrinking water

Authority: IC 16-42-5-5

Affected: IC 16-42-5

Sec. 338. (a) Nondrinking water must be used only for nonculinary purposes, such as:

(1) air conditioning;

(2) non-food equipment cooling; and

(3) fire protection.

(b) For purposes of this section, a violation of subsection (a) is a P item. (Indiana Department of Health; 410 IAC 7-26-338; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA)

410 IAC 7-26-339 410 IAC 7-26-339 Water sampling

410 IAC 7-26-339 Water sampling

Authority: IC 16-42-5-5

Affected: IC 16-42-5

Sec. 339. (a) Except when used as specified under section 338 of this rule, water from a nonpublic water system must be sampled and tested at least annually and as required by 327 IAC.

(b) For purposes of this section, a violation of subsection (a) is a PF item. (Indiana Department of Health; 410 IAC 7-26-339; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA)

410 IAC 7-26-340 410 IAC 7-26-340 Water sample report

410 IAC 7-26-340 Water sample report

Authority: IC 16-42-5-5

Affected: IC 16-42-5

Sec. 340. (a) The most recent sample report for the nonpublic water system shall be retained on file in the retail food establishment and provided to the regulatory authority upon request.

(b) For purposes of this section, a violation of subsection (a) is a core item. (Indiana Department of Health; 410 IAC 7-26-340; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA)

410 IAC 7-26-341 410 IAC 7-26-341 Water system capacity

410 IAC 7-26-341 Water system capacity

Authority: IC 16-42-5-5

Affected: IC 16-42-5

Sec. 341. (a) The water source and system must be of sufficient capacity to meet the peak water demands of the retail food establishment.

(b) Hot water generation and distribution systems must be sufficient to meet the peak hot water demands throughout the retail food establishment.

(c) For purposes of this section, a violation of subsection (a) or (b) is a PF item. (Indiana Department of Health; 410 IAC 7-26-341; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA)

410 IAC 7-26-342 410 IAC 7-26-342 Water pressure

410 IAC 7-26-342 Water pressure

Authority: IC 16-42-5-5

Affected: IC 16-42-5

Sec. 342. (a) Water under pressure must be provided to all fixtures, equipment, and non-food equipment required to use water, but water supplied as specified under section 344(a)(1) and 344(a)(2) of this rule to a temporary food establishment or in response to a temporary interruption of a water supply need not be under pressure.

(b) For purposes of this section, a violation of subsection (a) is a PF item. (Indiana Department of Health; 410 IAC 7-26-342; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA)

410 IAC 7-26-343 410 IAC 7-26-343 Water distribution, delivery, and retention system

410 IAC 7-26-343 Water distribution, delivery, and retention system

Authority: IC 16-42-5-5

Affected: IC 16-42-5

Sec. 343. (a) Water may be received from the source through the use of any of the following:

(1) An approved public water supply main.

(2) An approved private water supply system.

(3) At least one (1) of the following, which must be constructed, maintained, and operated according to law:

(A) Nonpublic water mains, water pumps, pipes, hoses, connections, and other appurtenances.

(B) Water transport vehicles.

(C) Water containers.

(D) An alternative water supply.

(b) For purposes of this section, a violation of subsection (a) is a PF item. (Indiana Department of Health; 410 IAC 7-26-343; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA)

410 IAC 7-26-344 410 IAC 7-26-344 Alternative water supply

410 IAC 7-26-344 Alternative water supply

Authority: IC 16-42-5-5

Affected: IC 16-42-5

Sec. 344. (a) Water meeting the requirements specified under sections 334 through 342 of this rule must be made available for a mobile facility, temporary food establishment without a permanent water supply, and retail food establishment with a temporary interruption of its water supply through any of the following:

(1) A supply of containers of commercially bottled drinking water.

(2) At least one (1) closed portable water containers.

(3) An enclosed vehicular water tank.

(4) An on-premises water storage tank.

(5) Piping, tubing, or hoses connected to an adjacent approved source.

(b) For purposes of this section, a violation of subsection (a) is a PF item. (Indiana Department of Health; 410 IAC 7-26-344; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA)

410 IAC 7-26-345 410 IAC 7-26-345 Approved plumbing system materials

410 IAC 7-26-345 Approved plumbing system materials

Authority: IC 16-42-5-5

Affected: IC 16-42-5

Sec. 345. (a) A plumbing system and hoses conveying water must be constructed and repaired with approved materials as set forth in 675 IAC 16.

(b) A water filter must be made of safe materials.

(c) For purposes of this section, a violation of subsection (a) or (b) is a P item. (Indiana Department of Health; 410 IAC 7-26-345; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA)

410 IAC 7-26-346 410 IAC 7-26-346 Design, construction, and installation of approved plumbing system and cleanable fixtures

410 IAC 7-26-346 Design, construction, and installation of approved plumbing system and cleanable fixtures

Authority: IC 16-42-5-5

Affected: IC 16-42-5

Sec. 346. (a) A plumbing system must:

(1) be designed, constructed, and installed as set forth in 675 IAC 16-1.4; and

(2) meet the capacity needs of the retail food establishment.

(b) A plumbing fixture, such as a handwashing sink, toilet, or urinal must be easily cleanable.

(c) For purposes of this section, a violation of subsection (a) is a P item.

(d) For purposes of this section, a violation of subsection (b) is a core item. (Indiana Department of Health; 410 IAC 7-26-346; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA)

410 IAC 7-26-347 410 IAC 7-26-347 Handwashing sink; installation

410 IAC 7-26-347 Handwashing sink; installation

Authority: IC 16-42-5-5

Affected: IC 16-42-5

Sec. 347. (a) Unless otherwise approved, a handwashing sink must be equipped to provide water at a temperature of at least eighty-five (85) degrees Fahrenheit, twenty-nine and four-tenths (29.4) degrees Celsius, through a mixing valve or combination faucet.

(b) A steam mixing valve may not be used at a handwashing sink.

(c) A self-closing, slow-closing, or metering faucet must provide a flow of water for at least fifteen (15) seconds without the need to reactivate the faucet.

(d) An automatic handwashing sink must be installed in accordance with manufacturer's instructions.

(e) For purposes of this section, a violation of subsection (a) is a PF item.

(f) For purposes of this section, a violation of subsection (b), (c), or (d) is a core item. (Indiana Department of Health; 410 IAC 7-26-347; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA)

410 IAC 7-26-348 410 IAC 7-26-348 Backflow prevention; air gap

410 IAC 7-26-348 Backflow prevention; air gap

Authority: IC 16-42-5-5

Affected: IC 16-42-5

Sec. 348. (a) An air gap between the potable water supply outlet and flood level rim of the plumbing fixture, equipment, or non-food equipment must be at least twice the diameter of the water supply inlet and may not be less than one (1) inch (twenty-five (25) millimeters).

(b) For purposes of this section, a violation of subsection (a) is a P item. (Indiana Department of Health; 410 IAC 7-26-348; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA)

410 IAC 7-26-349 410 IAC 7-26-349 Backflow prevention device; design standard

410 IAC 7-26-349 Backflow prevention device; design standard

Authority: IC 16-42-5-5

Affected: IC 16-42-5

Sec. 349. (a) A backflow or backsiphonage prevention device installed on a water supply system must meet the standards in 675 IAC 16-1.4 for:

(1) construction;

(2) installation;

(3) maintenance;

(4) inspection; and

(5) testing;

for that specific application and type of device.

(b) For purposes of this section, a violation of subsection (a) is a P item. (Indiana Department of Health; 410 IAC 7-26-349; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA)

410 IAC 7-26-350 410 IAC 7-26-350 Water conditioning device; design

410 IAC 7-26-350 Water conditioning device; design

Authority: IC 16-42-5-5

Affected: IC 16-42-5

Sec. 350. (a) A water filter, screen, and other water conditioning device installed on water lines must be designed to facilitate disassembly for periodic servicing and cleaning. A water filter element must be of the replaceable type.

(b) For purposes of this section, a violation of subsection (a) is a core item. (Indiana Department of Health; 410 IAC 7-26-350; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA)

410 IAC 7-26-351 410 IAC 7-26-351 Handwashing sinks; numbers and capacities

410 IAC 7-26-351 Handwashing sinks; numbers and capacities

Authority: IC 16-42-5-5

Affected: IC 16-42-5

Sec. 351. (a) Except as specified in subsection (b), at least one (1) handwashing sink, a number of handwashing sinks necessary for their convenient use by employees in areas specified under section 356 of this rule, and not fewer than the number of handwashing sinks required by 675 IAC 16-1.4 must be provided.

(b) If approved and capable of removing the types of soils encountered in the food operations involved, automatic handwashing facilities may be substituted for handwashing sinks in a retail food establishment that has at least one (1) handwashing sink.

(c) For purposes of this section, a violation of subsection (a) is a PF item.

(d) For purposes of this section, a violation of subsection (b) is a core item. (Indiana Department of Health; 410 IAC 7-26-351; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA)

410 IAC 7-26-352 410 IAC 7-26-352 Toilets and urinals

410 IAC 7-26-352 Toilets and urinals

Authority: IC 16-42-5-5

Affected: IC 16-42-5

Sec. 352. (a) At least one (1) toilet, and not fewer than the toilets required by law, must be provided. If authorized by law and urinals are substituted for toilets, the substitution must be done as specified in 675 IAC 16-1.4.

(b) For purposes of this section, a violation of subsection (a) is a core item. (Indiana Department of Health; 410 IAC 7-26-352; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA)

410 IAC 7-26-353 410 IAC 7-26-353 Service sink

410 IAC 7-26-353 Service sink

Authority: IC 16-42-5-5

Affected: IC 16-42-5

Sec. 353. (a) At least one (1) service sink or one (1) curbed cleaning facility equipped with a floor drain must be provided and conveniently located for the cleaning of mops or similar wet floor cleaning tools, and for the disposal of mop water and similar liquid waste.

(b) A service sink or one (1) curbed cleaning facility must be equipped with:

(1) hot water of at least one hundred (100) degrees Fahrenheit, thirty-seven (37) degrees Celsius; and

(2) cold water.

(c) The service sink or curbed cleaning facility, or both, may not be used in substitution for or as a warewashing or food preparation sink.

(d) Toilets and urinals may not be used as a service sink for the disposal of mop water and similar liquid waste.

(e) For purposes of this section, a violation of subsection (a), (b), (c), or (d) is a core item. (Indiana Department of Health; 410 IAC 7-26-353; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA)

410 IAC 7-26-354 410 IAC 7-26-354 Backflow prevention device; when required

410 IAC 7-26-354 Backflow prevention device; when required

Authority: IC 16-42-5-5

Affected: IC 16-42-5

Sec. 354. (a) A plumbing system must be installed to preclude backflow of a solid, liquid, or gas contaminant into the water supply system at each point of use at the retail food establishment with or without a hose attached, as required by 675 IAC 16-1.4, by:

(1) providing an air gap as specified under section 348 of this rule; or

(2) installing an approved backflow prevention device as specified under section 349 of this rule.

(b) For purposes of this section, a violation of subsection (a) is a P item. (Indiana Department of Health; 410 IAC 7-26-354; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA)

410 IAC 7-26-355 410 IAC 7-26-355 Backflow prevention device; carbonator

410 IAC 7-26-355 Backflow prevention device; carbonator

Authority: IC 16-42-5-5

Affected: IC 16-42-5

Sec. 355. (a) The water supply connection to carbonated beverage systems must be protected against backflow by a device listed in 675 IAC 16-1.4.

(b) If not provided with an air gap as specified under section 348 of this rule, a dual check valve with an intermediate vent preceded by a screen of not less than one hundred (100) mesh to twenty-five and four-tenths (25.4) mm (100 mesh to 1 inch) must be installed upstream from a carbonating device and downstream from any copper in the water supply line.

(c) A dual check valve attached to the carbonator need not be of the vented type if an air gap or vented backflow prevention device has been otherwise provided as specified under subsection (a).

(d) Copper may not be used downstream from the backflow preventer in accordance with 675 IAC 16-1.4.

(e) For purposes of this section, a violation of subsection (a), (b), or (d) is a P item. (Indiana Department of Health; 410 IAC 7-26-355; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA)

410 IAC 7-26-356 410 IAC 7-26-356 Handwashing sink; location

410 IAC 7-26-356 Handwashing sink; location

Authority: IC 16-42-5-5

Affected: IC 16-42-5

Sec. 356. (a) A handwashing sink must be located in the following places:

(1) To allow convenient use by employees in:

(A) food preparation;

(B) food dispensing; and

(C) warewashing areas.

(2) In, or immediately adjacent to, toilet rooms.

(b) For purposes of this section, a violation of subsection (a) is a PF item. (Indiana Department of Health; 410 IAC 7-26-356; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA)

410 IAC 7-26-357 410 IAC 7-26-357 Backflow prevention device; location

410 IAC 7-26-357 Backflow prevention device; location

Authority: IC 16-42-5-5

Affected: IC 16-42-5

Sec. 357. (a) A backflow prevention device must be located so that it may be serviced and maintained.

(b) For purposes of this section, a violation of subsection (a) is a core item. (Indiana Department of Health; 410 IAC 7-26-357; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA)

410 IAC 7-26-358 410 IAC 7-26-358 Water conditioning device; location

410 IAC 7-26-358 Water conditioning device; location

Authority: IC 16-42-5-5

Affected: IC 16-42-5

Sec. 358. (a) A water filter, screen, and other water conditioning device installed on water lines must be located to facilitate disassembly for periodic servicing and cleaning.

(b) For purposes of this section, a violation of subsection (a) is a core item. (Indiana Department of Health; 410 IAC 7-26-358; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA)

410 IAC 7-26-359 410 IAC 7-26-359 Handwashing sink; maintenance

410 IAC 7-26-359 Handwashing sink; maintenance

Authority: IC 16-42-5-5

Affected: IC 16-42-5

Sec. 359. (a) A handwashing sink must be maintained so that it is accessible at all times for employee use.

(b) A handwashing sink may not be used for purposes other than handwashing.

(c) An automatic handwashing sink may be used in accordance with manufacturer's instruction.

(d) For purposes of this section, a violation of subsection (a), (b), or (c) is a PF item. (Indiana Department of Health; 410 IAC 7-26-359; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA)

410 IAC 7-26-360 410 IAC 7-26-360 Prohibiting a cross-connection

410 IAC 7-26-360 Prohibiting a cross-connection

Authority: IC 16-42-5-5

Affected: IC 16-42-5

Sec. 360. (a) Except for firefighting purposes, a person may not create a cross-connection by connecting a pipe or conduit between the drinking water system and a:

(1) nondrinking water system; or

(2) water system of unknown quality.

(b) The piping of a nondrinking water system must be durably identified so that it is readily distinguishable from piping that carries drinking water.

(c) For purposes of this section, a violation of subsection (a) is a P item.

(d) For purposes of this section, a violation of subsection (b) is a PF item. (Indiana Department of Health; 410 IAC 7-26-360; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA)

410 IAC 7-26-361 410 IAC 7-26-361 Scheduling inspection and service for a water system device

410 IAC 7-26-361 Scheduling inspection and service for a water system device

Authority: IC 16-42-5-5

Affected: IC 16-42-5

Sec. 361. (a) A water treatment device or backflow preventer must be scheduled for inspection or service in accordance with the manufacturer's instructions and as required by the local water utility, Indiana department of environmental management, or other local regulatory authority having jurisdiction to prevent device failure based on local water conditions.

(b) Records demonstrating inspection and service must be:

(1) maintained at the facility; and

(2) provided to the regulatory authority on request.

(c) For purposes of this section, a violation of subsection (a) or (b) is a PF item. (Indiana Department of Health; 410 IAC 7-26-361; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA)

410 IAC 7-26-362 410 IAC 7-26-362 Water reservoir of fogging devices; cleaning

410 IAC 7-26-362 Water reservoir of fogging devices; cleaning

Authority: IC 16-42-5-5

Affected: IC 16-42-5

Sec. 362. (a) A reservoir used to supply water to a device, such as a produce fogger, must be:

(1) maintained in accordance with manufacturer's specifications; and

(2) cleaned in accordance with manufacturer's specifications or according to the procedures specified under subsection (b), whichever is more stringent.

(b) Cleaning procedures include at least the following steps and must be conducted at least once a week:

(1) Draining and complete disassembly of the water and aerosol contact parts.

(2) Brush-cleaning the reservoir, aerosol tubing, and discharge nozzles with a suitable detergent solution.

(3) Flushing the complete system with water to remove the detergent solution and particulate accumulation.

(4) Rinsing by immersing, spraying, or swabbing the reservoir, aerosol tubing, and discharge nozzles with at least fifty (50) ppm hypochlorite solution.

(c) For purposes of this section, a violation of subsection (a) or (b) is a P item. (Indiana Department of Health; 410 IAC 7-26-362; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA)

410 IAC 7-26-363 410 IAC 7-26-363 Plumbing system maintained in good repair

410 IAC 7-26-363 Plumbing system maintained in good repair

Authority: IC 16-42-5-5

Affected: IC 16-42-5

Sec. 363. (a) A plumbing system must be:

(1) repaired according to 675 IAC 16-1.4; and

(2) maintained in good repair.

(b) For purposes of this section, a violation of subsection (a)(1) is a P item.

(c) For purposes of this section, a violation of subsection (a)(2) is a core item. (Indiana Department of Health; 410 IAC 7-26-363; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA)

410 IAC 7-26-364 410 IAC 7-26-364 Mobile water tank and mobile retail food establishment water tank materials

410 IAC 7-26-364 Mobile water tank and mobile retail food establishment water tank materials

Authority: IC 16-42-5-5

Affected: IC 16-42-5

Sec. 364. (a) Materials used in the construction of a mobile water tank, mobile retail food establishment water tank, and appurtenances must be:

(1) safe;

(2) durable;

(3) corrosion-resistant;

(4) nonabsorbent; and

(5) finished to have a smooth, easily cleanable surface.

(b) For purposes of this section, a violation of subsection (a)(1) is a P item.

(c) For purposes of this section, a violation of subsection (a)(2) through (a)(5) is a core item. (Indiana Department of Health; 410 IAC 7-26-364; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA)

410 IAC 7-26-365 410 IAC 7-26-365 Enclosed system; sloped to drain

410 IAC 7-26-365 Enclosed system; sloped to drain

Authority: IC 16-42-5-5

Affected: IC 16-42-5

Sec. 365. (a) A mobile water tank must be:

(1) enclosed from the filling inlet to the discharge outlet; and

(2) sloped to an outlet that allows complete drainage of the tank.

(b) For purposes of this section, a violation of subsection (a) is a core item. (Indiana Department of Health; 410 IAC 7-26-365; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA)

410 IAC 7-26-366 410 IAC 7-26-366 Inspection and cleaning port; protected and secured

410 IAC 7-26-366 Inspection and cleaning port; protected and secured

Authority: IC 16-42-5-5

Affected: IC 16-42-5

Sec. 366. (a) If a water tank for a mobile retail food establishment is designed with an access port for inspection and cleaning, the opening must be in the top of the tank and:

(1) flanged upward at least one-half (1/2) inch (thirteen (13) millimeters); and

(2) equipped with a port cover assembly:

(A) provided with a gasket and a device for securing the cover in place; and

(B) flanged to overlap the opening and sloped to drain.

(b) For purposes of this section, a violation of subsection (a) is a core item. (Indiana Department of Health; 410 IAC 7-26-366; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA)

410 IAC 7-26-367 410 IAC 7-26-367 V-type threads; use limitation

410 IAC 7-26-367 V-type threads; use limitation

Authority: IC 16-42-5-5

Affected: IC 16-42-5

Sec. 367. (a) In a mobile retail food establishment, a fitting with V-type threads on a water tank inlet or outlet is allowed only when a hose is permanently attached.

(b) For purposes of this section, a violation of subsection (a) is a core item. (Indiana Department of Health; 410 IAC 7-26-367; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA)

410 IAC 7-26-368 410 IAC 7-26-368 Tank vent; protected

410 IAC 7-26-368 Tank vent; protected

Authority: IC 16-42-5-5

Affected: IC 16-42-5

Sec. 368. (a) If provided, the mobile water tank vent in a mobile retail food establishment must terminate in a downward direction and be covered with:

(1) sixteen (16) mesh to one (1) inch (twenty-five and four-tenths (25.4) millimeters) screen or equivalent when the vent is in a protected area; or

(2) a protective filter when the vent is in an area not protected from windblown dirt and debris.

(b) For purposes of this section, a violation of subsection (a) is a core item. (Indiana Department of Health; 410 IAC 7-26-368; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA)

410 IAC 7-26-369 410 IAC 7-26-369 Inlet and outlet; sloped to drain

410 IAC 7-26-369 Inlet and outlet; sloped to drain

Authority: IC 16-42-5-5

Affected: IC 16-42-5

Sec. 369. (a) A mobile retail food establishment's water tank, and its inlet and outlet must be sloped to drain.

(b) A water tank inlet must be positioned so it is protected from contaminants, such as:

(1) waste discharge;

(2) road dust;

(3) oil; or

(4) grease.

(c) For purposes of this section, a violation of subsection (a) or (b) is a core item. (Indiana Department of Health; 410 IAC 7-26-369; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA)

410 IAC 7-26-370 410 IAC 7-26-370 Hose; construction and identification

410 IAC 7-26-370 Hose; construction and identification

Authority: IC 16-42-5-5

Affected: IC 16-42-5

Sec. 370. (a) Hose used for conveying drinking water from a mobile retail food establishment's water tank must be:

(1) safe;

(2) durable;

(3) corrosion-resistant;

(4) nonabsorbent;

(5) resistant to:

(A) pitting;

(B) chipping;

(C) crazing;

(D) scratching;

(E) scoring;

(F) distortion; and

(G) decomposition;

(6) finished with a smooth interior surface; and

(7) clearly and durably identified as to its use if not permanently attached.

(b) For purposes of this section, a violation of subsection (a)(1) is a P item.

(c) For purposes of this section, a violation of subsection (a)(2) through (a)(7) is a core item. (Indiana Department of Health; 410 IAC 7-26-370; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA)

410 IAC 7-26-371 410 IAC 7-26-371 Filter; compressed air

410 IAC 7-26-371 Filter; compressed air

Authority: IC 16-42-5-5

Affected: IC 16-42-5

Sec. 371. (a) In a mobile retail food establishment, a filter that does not pass oil or oil vapors must be installed in the air supply line between the compressor and drinking water system when compressed air is used to pressurize the water tank system.

(b) For purposes of this section, a violation of subsection (a) is a P item. (Indiana Department of Health; 410 IAC 7-26-371; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA)

410 IAC 7-26-372 410 IAC 7-26-372 Protective cover or device

410 IAC 7-26-372 Protective cover or device

Authority: IC 16-42-5-5

Affected: IC 16-42-5

Sec. 372. (a) In a mobile retail food establishment, a cap and keeper chain, closed cabinet, closed storage tube, or other approved protective cover or device must be provided for a water inlet, outlet, and hose.

(b) For purposes of this section, a violation of subsection (a) is a core item. (Indiana Department of Health; 410 IAC 7-26-372; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA)

410 IAC 7-26-373 410 IAC 7-26-373 Mobile retail food establishment's water tank inlet

410 IAC 7-26-373 Mobile retail food establishment's water tank inlet

Authority: IC 16-42-5-5

Affected: IC 16-42-5

Sec. 373. (a) A mobile retail food establishment's water tank inlet must be as follows:

(1) Not more than three-fourths (3/4) of an inch (nineteen and one-tenth (19.1) millimeters) in inner diameter.

(2) Provided with a hose connection of a size or type that will prevent its use for any other service.

(b) For purposes of this section, a violation of subsection (a) is a core item. (Indiana Department of Health; 410 IAC 7-26-373; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA)

410 IAC 7-26-374 410 IAC 7-26-374 System flushing and disinfection

410 IAC 7-26-374 System flushing and disinfection

Authority: IC 16-42-5-5

Affected: IC 16-42-5

Sec. 374. (a) A mobile retail food establishment's water tank, pump, and hoses must be flushed and sanitized before being placed in service after:

(1) construction;

(2) repair;

(3) modification; or

(4) periods of nonuse.

(b) For purposes of this section, a violation of subsection (a) is a P item. (Indiana Department of Health; 410 IAC 7-26-374; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA)

410 IAC 7-26-375 410 IAC 7-26-375 Using a pump and hoses; backflow prevention

410 IAC 7-26-375 Using a pump and hoses; backflow prevention

Authority: IC 16-42-5-5

Affected: IC 16-42-5

Sec. 375. (a) A person shall operate a water tank, pump, and hoses so that backflow and other contamination of the water supply for the mobile retail food establishment are prevented.

(b) For purposes of this section, a violation of subsection (a) is a P item. (Indiana Department of Health; 410 IAC 7-26-375; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA)

410 IAC 7-26-376 410 IAC 7-26-376 Protecting inlet, outlet, and hose fitting

410 IAC 7-26-376 Protecting inlet, outlet, and hose fitting

Authority: IC 16-42-5-5

Affected: IC 16-42-5

Sec. 376. (a) If the mobile retail food establishment is not in use, a water tank hose inlet and outlet fitting must be protected using a cover or device as specified under section 372 of this rule.

(b) For purposes of this section, a violation of subsection (a) is a core item. (Indiana Department of Health; 410 IAC 7-26-376; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA)

410 IAC 7-26-377 410 IAC 7-26-377 Water tank, pump, and hoses dedication

410 IAC 7-26-377 Water tank, pump, and hoses dedication

Authority: IC 16-42-5-5

Affected: IC 16-42-5

Sec. 377. (a) Except as specified in subsection (b), a mobile retail food establishment's water tank, pump, and hoses used for conveying drinking water may not be used for any other purpose.

(b) Water tanks, pumps, and hoses approved for liquid foods may be used for conveying drinking water if they are cleaned and sanitized before they are used to convey water.

(c) For purposes of this section, a violation of subsection (a) is a P item. (Indiana Department of Health; 410 IAC 7-26-377; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA)

410 IAC 7-26-378 410 IAC 7-26-378 Sewage holding tank; capacity and drainage

410 IAC 7-26-378 Sewage holding tank; capacity and drainage

Authority: IC 16-42-5-5

Affected: IC 16-42-5

Sec. 378. (a) A sewage holding tank in a mobile retail food establishment or temporary retail food establishment must be:

(1) sized fifteen percent (15%) larger in capacity than the water supply tank;

(2) sloped to a drain not less than one (1) inch (twenty-five and four-tenths (25.4) millimeters) in inner diameter; and

(3) equipped with a shut-off valve.

(b) For purposes of this section, a violation of subsection (a) is a core item. (Indiana Department of Health; 410 IAC 7-26-378; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA)

410 IAC 7-26-379 410 IAC 7-26-379 Establishment drainage systems

410 IAC 7-26-379 Establishment drainage systems

Authority: IC 16-42-5-5

Affected: IC 16-42-5

Sec. 379. (a) Retail food establishment drainage systems, including grease traps, that convey sewage must be designed and installed as specified under section 346(a) of this rule.

(b) For purposes of this section, a violation of subsection (a) is a core item. (Indiana Department of Health; 410 IAC 7-26-379; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA)

410 IAC 7-26-380 410 IAC 7-26-380 Backflow prevention; direct connection prohibited

410 IAC 7-26-380 Backflow prevention; direct connection prohibited

Authority: IC 16-42-5-5

Affected: IC 16-42-5

Sec. 380. (a) Except as specified in subsections (b), (c), (d), and (e), and as specified in 675 IAC 16-1.4, drains from equipment fixtures and portable equipment utilized for:

(1) storage;

(2) preparation; and

(3) handling of foods, including:

(A) food preparation sinks;

(B) salad bars;

(C) steam tables;

(D) dipper wells; and

(E) ice bins;

must have an indirect connection through an air gap to a standpipe, hub drain, waste receptor connected to the sanitary drainage system.

(b) Drains from food storage areas, such as:

(1) coolers;

(2) walk-in refrigerators;

(3) freezers; and

(4) food storage bins;

must have an indirect connection through an air gap to a standpipe hub drain or waste receptor connected to the sanitary drainage system, but where protected against backflow by a backwater valve, floor drains must be indirectly connected to the sanitary drainage system by means of an air break or air gap as specified in 675 IAC 16-1.4.

(c) Drains from commercial warewashing machines must be indirectly connected through an air gap or air break to a:

(1) standpipe;

(2) hub drain; or

(3) waste receptor;

connected to the sanitary drainage system as specified in 675 IAC 16-1.4.

(d) A sink used only for warewashing may have a direct connection as specified in 675 IAC 16-1.4.

(e) Sinks used only for warewashing and have drains with discharge temperatures less than one hundred forty (140) degrees Fahrenheit, sixty-one (61) degrees Celsius, are required to be directly connected to the sanitary system as specified in 675 IAC 16-1.4.

(f) Warewashing sink drains or other fixture drains with discharge temperatures above one hundred forty (140) degrees Fahrenheit, sixty-one (61) degrees Celsius, are required to be indirectly connected to the sanitary system as specified in 675 IAC 16-1.4.

(g) For purposes of this section, a violation of subsection (a) is a P item.

(h) For purposes of this section, a violation of subsection (b), (c), (e), or (f) is a core item. (Indiana Department of Health; 410 IAC 7-26-380; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA)

410 IAC 7-26-381 410 IAC 7-26-381 Grease trap

410 IAC 7-26-381 Grease trap

Authority: IC 16-42-5-5

Affected: IC 16-42-5

Sec. 381. (a) If used, a grease trap must be located to be easily accessible for cleaning.

(b) For purposes of this section, a violation of subsection (a) is a core item. (Indiana Department of Health; 410 IAC 7-26-381; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA)

410 IAC 7-26-382 410 IAC 7-26-382 Conveying sewage

410 IAC 7-26-382 Conveying sewage

Authority: IC 16-42-5-5

Affected: IC 16-42-5

Sec. 382. (a) Sewage must be conveyed to the point of disposal through an approved sanitary sewage system or other system, including:

(1) sewage transport vehicles;

(2) waste retention tanks;

(3) pumps;

(4) pipes;

(5) hoses; and

(6) connections;

constructed, maintained, and operated according to law.

(b) Except if approved by the regulatory authority for an outdoor food operation hand sink or a mobile or temporary retail food establishment, an owner or operator of a new retail food establishment may not use a holding tank as a means of sewage disposal.

(c) For purposes of this section, a violation of subsection (a) or (b) is a P item. (Indiana Department of Health; 410 IAC 7-26-382; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA)

410 IAC 7-26-383 410 IAC 7-26-383 Removing mobile retail food establishment wastes

410 IAC 7-26-383 Removing mobile retail food establishment wastes

Authority: IC 16-42-5-5

Affected: IC 16-42-5

Sec. 383. (a) Sewage and other liquid wastes must be removed from a mobile retail food establishment at an approved waste servicing area or by a sewage transport vehicle so that a public health hazard or nuisance is not created.

(b) For purposes of this section, a violation of subsection (a) is a PF item. (Indiana Department of Health; 410 IAC 7-26-383; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA)

410 IAC 7-26-384 410 IAC 7-26-384 Flushing a waste retention tank

410 IAC 7-26-384 Flushing a waste retention tank

Authority: IC 16-42-5-5

Affected: IC 16-42-5

Sec. 384. (a) A tank for liquid waste retention must be thoroughly flushed and drained in a sanitary manner during the servicing operation.

(b) For purposes of this section, a violation of subsection (a) is a core item. (Indiana Department of Health; 410 IAC 7-26-384; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA)

410 IAC 7-26-385 410 IAC 7-26-385 Approved sewage disposal system

410 IAC 7-26-385 Approved sewage disposal system

Authority: IC 16-42-5-5

Affected: IC 16-42-5

Sec. 385. (a) Sewage must be disposed through an approved facility that is:

(1) a public sewage treatment plant; or

(2) an individual sewage disposal system:

(A) sized;

(B) constructed;

(C) maintained; and

(D) operated;

according to law.

(b) For purposes of this section, a violation of subsection (a) is a P item. (Indiana Department of Health; 410 IAC 7-26-385; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA)

410 IAC 7-26-386 410 IAC 7-26-386 Other liquid wastes and rainwater

410 IAC 7-26-386 Other liquid wastes and rainwater

Authority: IC 16-42-5-5

Affected: IC 16-42-5

Sec. 386. (a) Condensate drainage and other nonsewage liquids and rainwater must be drained from point of discharge to disposal according to law.

(b) For purposes of this section, a violation of subsection (a) is a core item. (Indiana Department of Health; 410 IAC 7-26-386; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA)

410 IAC 7-26-387 410 IAC 7-26-387 Refuse, recyclables, and returnables; indoor storage area

410 IAC 7-26-387 Refuse, recyclables, and returnables; indoor storage area

Authority: IC 16-42-5-5

Affected: IC 16-42-5

Sec. 387. (a) If located within the retail food establishment, a storage area for refuse, recyclables, and returnables must meet the requirements specified under section 407 of this rule, sections 409 through 416 of this rule, and section 422 of this rule.

(b) For purposes of this section, a violation of subsection (a) is a core item. (Indiana Department of Health; 410 IAC 7-26-387; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA)

410 IAC 7-26-388 410 IAC 7-26-388 Outdoor storage surface; refuse, recyclables, and returnables

410 IAC 7-26-388 Outdoor storage surface; refuse, recyclables, and returnables

Authority: IC 16-42-5-5

Affected: IC 16-42-5

Sec. 388. (a) An outdoor storage surface for refuse, recyclables, and returnables must be:

(1) constructed of nonabsorbent material, such as concrete or asphalt; and

(2) smooth, durable, and sloped to drain.

(b) For purposes of this section, a violation of subsection (a) is a core item. (Indiana Department of Health; 410 IAC 7-26-388; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA)

410 IAC 7-26-389 410 IAC 7-26-389 Outdoor enclosure; refuse, recyclables, and returnables

410 IAC 7-26-389 Outdoor enclosure; refuse, recyclables, and returnables

Authority: IC 16-42-5-5

Affected: IC 16-42-5

Sec. 389. (a) If used, an outdoor enclosure for refuse, recyclables, and returnables must be constructed of durable and cleanable materials.

(b) For purposes of this section, a violation of subsection (a) is a core item. (Indiana Department of Health; 410 IAC 7-26-389; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA)

410 IAC 7-26-390 410 IAC 7-26-390 Receptacles

410 IAC 7-26-390 Receptacles

Authority: IC 16-42-5-5

Affected: IC 16-42-5

Sec. 390. (a) Except as specified in subsection (b), receptacles and waste handling units for refuse, recyclables, and returnables, and for use with materials containing food residue, must be:

(1) durable;

(2) cleanable;

(3) insect-resistant;

(4) rodent-resistant;

(5) leakproof; and

(6) nonabsorbent.

(b) Plastic bags and wet strength paper bags may be used to line receptacles for storage inside the retail food establishment, or in closed outside receptacles.

(c) For purposes of this section, a violation of subsection (a) is a core item. (Indiana Department of Health; 410 IAC 7-26-390; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA)

410 IAC 7-26-391 410 IAC 7-26-391 Receptacles in vending machines

410 IAC 7-26-391 Receptacles in vending machines

Authority: IC 16-42-5-5

Affected: IC 16-42-5

Sec. 391. (a) Except for a receptacle for beverage bottle crown closures, a refuse receptacle may not be located in a vending machine.

(b) For purposes of this section, a violation of subsection (a) is a core item. (Indiana Department of Health; 410 IAC 7-26-391; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA)

410 IAC 7-26-392 410 IAC 7-26-392 Outside receptacles

410 IAC 7-26-392 Outside receptacles

Authority: IC 16-42-5-5

Affected: IC 16-42-5

Sec. 392. (a) Receptacles and waste handling units for refuse, recyclables, and returnables used with materials containing food residue and used outside the retail food establishment must be designed and constructed to have tight fitting lids, doors, or covers.

(b) Receptacles and waste handling units for refuse and recyclables, such as a compactor, must be installed so that accumulation of debris and rodent or insect attraction or harborage, or both, are minimized. These units must be installed so that effective cleaning is facilitated around and, if the unit is not installed flush with the base pad, under the unit.

(c) For purposes of this section, a violation of subsection (a) or (b) is a core item. (Indiana Department of Health; 410 IAC 7-26-392; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA)

410 IAC 7-26-393 410 IAC 7-26-393 Storage areas, rooms, and receptacles; capacity and availability

410 IAC 7-26-393 Storage areas, rooms, and receptacles; capacity and availability

Authority: IC 16-42-5-5

Affected: IC 16-42-5

Sec. 393. (a) Inside storage rooms and areas, outside storage areas and enclosures, and receptacles must be of sufficient capacity to hold refuse, recyclables, and returnables that accumulate.

(b) A receptacle must be provided in each area of the retail food establishment or premises where refuse is generated or commonly discarded, or where recyclables or returnables are placed.

(c) If disposable towels are used at handwashing sinks, a waste receptacle must be located at each sink or group of adjacent sinks.

(d) For purposes of this section, a violation of subsection (a), (b), or (c) is a core item. (Indiana Department of Health; 410 IAC 7-26-393; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA)

410 IAC 7-26-394 410 IAC 7-26-394 Toilet room receptacle; covered

410 IAC 7-26-394 Toilet room receptacle; covered

Authority: IC 16-42-5-5

Affected: IC 16-42-5

Sec. 394. (a) A toilet room used by females must have a covered receptacle for sanitary napkins.

(b) For purposes of this section, a violation of subsection (a) is a core item. (Indiana Department of Health; 410 IAC 7-26-394; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA)

410 IAC 7-26-395 410 IAC 7-26-395 Cleaning implements and supplies

410 IAC 7-26-395 Cleaning implements and supplies

Authority: IC 16-42-5-5

Affected: IC 16-42-5

Sec. 395. (a) Except as specified in subsection (b), suitable cleaning implements and supplies, such as:

(1) high pressure pumps;

(2) hot water;

(3) steam; and

(4) detergent;

must be provided as necessary for effective cleaning of receptacles and waste handling units for refuse, recyclables, and returnables.

(b) If approved, off-premises based cleaning services may be used if on-premises cleaning implements and supplies are not provided.

(c) For purposes of this section, a violation of subsection (a) or (b) is core item. (Indiana Department of Health; 410 IAC 7-26-395; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA)

410 IAC 7-26-396 410 IAC 7-26-396 Storage areas, redeeming machines, receptacles, and waste handling units; location

410 IAC 7-26-396 Storage areas, redeeming machines, receptacles, and waste handling units; location

Authority: IC 16-42-5-5

Affected: IC 16-42-5

Sec. 396. (a) An area designated for:

(1) refuse;

(2) recyclables;

(3) returnables; and

(4) except as specified in subsection (b), a redeeming machine for recyclables or returnables must be located so that it is separate from food, equipment, utensils, linens, and single-service and single-use articles and does not create a public health hazard or nuisance.

(b) A redeeming machine may be located in the packaged food storage area or consumer area of a retail food establishment if:

(1) food;

(2) equipment;

(3) utensils;

(4) linens; and

(5) single-service and single-use articles;

are not subject to contamination from the machines and a public health hazard or nuisance is not created.

(c) The location of receptacles and waste handling units for refuse, recyclables, and returnables may not:

(1) create a public health hazard or nuisance; or

(2) interfere with the cleaning of adjacent space.

(d) For purposes of this section, a violation of subsection (a), (b), or (c) is a core item. (Indiana Department of Health; 410 IAC 7-26-396; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA)

410 IAC 7-26-397 410 IAC 7-26-397 Storing refuse, recyclables, and returnables

410 IAC 7-26-397 Storing refuse, recyclables, and returnables

Authority: IC 16-42-5-5

Affected: IC 16-42-5

Sec. 397. (a) Refuse, recyclables, and returnables must be stored in receptacles or waste handling units so they are inaccessible to insects and rodents.

(b) For purposes of this section, a violation of subsection (a) is a core item. (Indiana Department of Health; 410 IAC 7-26-397; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA)

410 IAC 7-26-398 410 IAC 7-26-398 Storage areas, enclosures, and receptacles; good repair

410 IAC 7-26-398 Storage areas, enclosures, and receptacles; good repair

Authority: IC 16-42-5-5

Affected: IC 16-42-5

Sec. 398. (a) Storage areas, enclosures, and receptacles for refuse, recyclables, and returnables must be maintained in good repair.

(b) For purposes of this section, a violation of subsection (a) is a core item. (Indiana Department of Health; 410 IAC 7-26-398; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA)

410 IAC 7-26-399 410 IAC 7-26-399 Outside storage prohibitions

410 IAC 7-26-399 Outside storage prohibitions

Authority: IC 16-42-5-5

Affected: IC 16-42-5

Sec. 399. (a) Except as specified in subsection (b), refuse receptacles not meeting the requirements specified under section 390(a) of this rule, such as:

(1) receptacles that are not rodent-resistant;

(2) unprotected plastic bags and paper bags; or

(3) baled units;

that contain materials with food residue may not be stored outside.

(b) Cardboard or other packaging material that:

(1) does not contain food residues; and

(2) is awaiting regularly scheduled delivery to a recycling or disposal site;

may be stored outside without being in a covered receptacle if it is stored so that it does not create a rodent harborage problem.

(c) For purposes of this section, a violation of subsection (a) is a core item. (Indiana Department of Health; 410 IAC 7-26-399; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA)

410 IAC 7-26-400 410 IAC 7-26-400 Covering receptacles

410 IAC 7-26-400 Covering receptacles

Authority: IC 16-42-5-5

Affected: IC 16-42-5

Sec. 400. (a) Receptacles and waste handling units for refuse, recyclables, and returnables must be kept covered:

(1) inside the retail food establishment if the receptacles and units:

(A) contain food residue and are not in continuous use; or

(B) after they are filled; and

(2) with tight fitting lids or doors if kept outside the retail food establishment.

(b) For purposes of this section, a violation of subsection (a) is a core item. (Indiana Department of Health; 410 IAC 7-26-400; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA)

410 IAC 7-26-401 410 IAC 7-26-401 Using drain plugs

410 IAC 7-26-401 Using drain plugs

Authority: IC 16-42-5-5

Affected: IC 16-42-5

Sec. 401. (a) Drains in receptacles and waste handling units for refuse, recyclables, and returnables must have drain plugs in place.

(b) For purposes of this section, a violation of subsection (a) is a core item. (Indiana Department of Health; 410 IAC 7-26-401; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA)

410 IAC 7-26-402 410 IAC 7-26-402 Maintaining refuse areas and enclosures

410 IAC 7-26-402 Maintaining refuse areas and enclosures

Authority: IC 16-42-5-5

Affected: IC 16-42-5

Sec. 402. (a) A storage area and enclosure for refuse, recyclables, or returnables must be clean and maintained free of unnecessary items, as specified under section 453 of this rule.

(b) For purposes of this section, a violation of subsection (a) is a core item. (Indiana Department of Health; 410 IAC 7-26-402; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA)

410 IAC 7-26-403 410 IAC 7-26-403 Cleaning receptacles

410 IAC 7-26-403 Cleaning receptacles

Authority: IC 16-42-5-5

Affected: IC 16-42-5

Sec. 403. (a) Receptacles and waste handling units for refuse, recyclables, and returnables must be thoroughly cleaned in a way that does not contaminate:

(1) food;

(2) equipment;

(3) utensils;

(4) linens; or

(5) single-serve and single-use articles.

(b) Wastewater must be disposed of as specified under section 382 of this rule.

(c) Soiled receptacles and waste handing units for refuse, recyclables, and returnables must be cleaned as needed to prevent them from:

(1) developing a buildup of soil; or

(2) becoming attractants for insects and rodents.

(d) For purposes of this section, a violation of subsection (a), (b), or (c) is a core item. (Indiana Department of Health; 410 IAC 7-26-403; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA)

410 IAC 7-26-404 410 IAC 7-26-404 Frequency of removal

410 IAC 7-26-404 Frequency of removal

Authority: IC 16-42-5-5

Affected: IC 16-42-5

Sec. 404. (a) Refuse, recyclables, and returnables must be removed from the premises at a frequency that will minimize the development of objectionable odors and other conditions that attract or harbor insects and rodents.

(b) For purposes of this section, a violation of subsection (a) is a core item. (Indiana Department of Health; 410 IAC 7-26-404; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA)

410 IAC 7-26-405 410 IAC 7-26-405 Receptacles or vehicles

410 IAC 7-26-405 Receptacles or vehicles

Authority: IC 16-42-5-5

Affected: IC 16-42-5

Sec. 405. (a) Refuse, recyclables, and returnables must be removed from the premises by way of:

(1) portable receptacles constructed and maintained according to law; or

(2) a transport vehicle:

(A) constructed;

(B) maintained; and

(C) operated;

according to law.

(b) For purposes of this section, a violation of subsection (a) is a core item. (Indiana Department of Health; 410 IAC 7-26-405; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA)

410 IAC 7-26-406 410 IAC 7-26-406 Community or individual facility

410 IAC 7-26-406 Community or individual facility

Authority: IC 16-42-5-5

Affected: IC 16-42-5

Sec. 406. (a) Solid waste not disposed of through the sewage system, such as through grinders and pulpers, must be:

(1) recycled or disposed of in an approved public or private community recycling or refuse facility; or

(2) disposed of in an individual refuse facility, such as a landfill or incinerator:

(A) sized;

(B) constructed;

(C) maintained; and

(D) operated;

according to law.

(b) For purposes of this section, a violation of subsection (a) is a core item. (Indiana Department of Health; 410 IAC 7-26-406; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA)

410 IAC 7-26-407 410 IAC 7-26-407 Surface characteristics of materials for indoor area construction and repair

410 IAC 7-26-407 Surface characteristics of materials for indoor area construction and repair

Authority: IC 16-42-5-5

Affected: IC 16-42-5

Sec. 407. (a) Except as specified in subsection (b), materials for indoor floor, wall, and ceiling surfaces under conditions of normal use must be:

(1) smooth, durable, and easily cleanable for areas where retail food establishment operations are conducted;

(2) closely woven and easily cleanable carpet for carpeted areas; and

(3) nonabsorbent for areas subject to moisture, such as:

(A) food preparation areas;

(B) walk-in refrigerators;

(C) warewashing areas;

(D) toilet rooms;

(E) mobile retail food establishment servicing areas; and

(F) areas subject to flushing or spray cleaning methods.

(b) In a temporary food establishment:

(1) if graded to drain, a floor may be concrete, machine-laid asphalt, dirt, or gravel if it is covered with:

(A) mats;

(B) removable platforms;

(C) duckboards; or

(D) other approved materials;

effectively treated to control dust and mud; and

(2) walls and ceilings may be constructed of a material that protects the interior from:

(A) the weather; and

(B) windblown dust and debris.

(c) For purposes of this section, a violation of subsection (a) is a core item. (Indiana Department of Health; 410 IAC 7-26-407; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA)

410 IAC 7-26-408 410 IAC 7-26-408 Surface characteristics of materials for outdoor area construction and repair

410 IAC 7-26-408 Surface characteristics of materials for outdoor area construction and repair

Authority: IC 16-42-5-5

Affected: IC 16-42-5

Sec. 408. (a) Outdoor walking and driving areas may be surfaced with concrete, asphalt, gravel, or other materials that have been effectively treated to:

(1) minimize dust;

(2) facilitate maintenance; and

(3) prevent muddy conditions.

(b) Exterior surfaces of buildings and mobile retail food establishments must:

(1) be of weather-resistant materials; and

(2) comply with law.

(c) Outdoor storage areas for refuse, recyclables, or returnables must be of materials specified under sections 388 or 389 of this rule.

(d) For purposes of this section, a violation of subsection (a), (b), or (c) is a core item. (Indiana Department of Health; 410 IAC 7-26-408; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA)

410 IAC 7-26-409 410 IAC 7-26-409 Cleanability of floors, walls, and ceilings

410 IAC 7-26-409 Cleanability of floors, walls, and ceilings

Authority: IC 16-42-5-5

Affected: IC 16-42-5

Sec. 409. (a) Except as specified under section 412 of this rule, and except for antislip floor coverings or applications that may be used for safety reasons:

(1) floors;

(2) floor coverings;

(3) walls;

(4) wall coverings; and

(5) ceilings;

must be designed, constructed, and installed so they are smooth and easily cleanable.

(b) For purposes of this section, a violation of subsection (a) is a core item. (Indiana Department of Health; 410 IAC 7-26-409; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA)

410 IAC 7-26-410 410 IAC 7-26-410 Cleanability of floors, walls, and ceilings relative to utility lines

410 IAC 7-26-410 Cleanability of floors, walls, and ceilings relative to utility lines

Authority: IC 16-42-5-5

Affected: IC 16-42-5

Sec. 410. (a) Utility service lines and pipes may not be unnecessarily exposed.

(b) Exposed utility service lines and pipes must be installed so they do not obstruct or prevent cleaning of the floors, walls, or ceilings.

(c) Exposed horizontal utility service lines and pipes may not be installed on the floor.

(d) For purposes of this section, a violation of subsection (a), (b), or (c) is a core item. (Indiana Department of Health; 410 IAC 7-26-410; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA)

410 IAC 7-26-411 410 IAC 7-26-411 Cleanability of coved floors and wall junctures; closed or sealed

410 IAC 7-26-411 Cleanability of coved floors and wall junctures; closed or sealed

Authority: IC 16-42-5-5

Affected: IC 16-42-5

Sec. 411. (a) In retail food establishments in which cleaning methods other than water flushing are used for cleaning floors, the floor and wall junctures must be coved and closed to not larger than one thirty-second (1/32) of an inch (one (1) millimeter).

(b) The floors in retail food establishments in which water flush cleaning methods are used must be provided with drains and be graded to drain, and the floor and wall junctures must be coved and sealed.

(c) For purposes of this section, a violation of subsection (a) or (b) is a core item. (Indiana Department of Health; 410 IAC 7-26-411; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA)

410 IAC 7-26-412 410 IAC 7-26-412 Installation and restrictions of floor carpeting

410 IAC 7-26-412 Installation and restrictions of floor carpeting

Authority: IC 16-42-5-5

Affected: IC 16-42-5

Sec. 412. (a) A floor covering, such as carpeting or a similar material, may not be installed as a floor covering in:

(1) food preparation areas;

(2) walk-in refrigerators;

(3) warewashing areas;

(4) toilet room areas where:

(A) handwashing sinks;

(B) toilets; or

(C) urinals;

are located;

(5) refuse storage rooms; or

(6) other areas where the floor is subject to:

(A) moisture;

(B) flushing; or

(C) spray cleaning methods.

(b) If carpeting is installed as a floor covering in areas other than those specified under subsection (a), it must be as follows:

(1) Securely attached to the floor with a durable mastic, by using:

(A) a stretch and tack method; or

(B) another method.

(2) Installed:

(A) tightly against the wall under the coving; or

(B) away from the wall with a space between the carpet and the wall and with the edges of the carpet secured by:

(i) metal stripping; or

(ii) some other means.

(c) For purposes of this section, a violation of subsection (a) or (b) is a core item. (Indiana Department of Health; 410 IAC 7-26-412; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA)

410 IAC 7-26-413 410 IAC 7-26-413 Mats and duckboards as floor coverings

410 IAC 7-26-413 Mats and duckboards as floor coverings

Authority: IC 16-42-5-5

Affected: IC 16-42-5

Sec. 413. (a) Mats and duckboards must be designed to be removable and easily cleanable.

(b) For purposes of this section, a violation of subsection (a) is a core item. (Indiana Department of Health; 410 IAC 7-26-413; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA)

410 IAC 7-26-414 410 IAC 7-26-414 Wall and ceiling coverings and coatings

410 IAC 7-26-414 Wall and ceiling coverings and coatings

Authority: IC 16-42-5-5

Affected: IC 16-42-5

Sec. 414. (a) Wall and ceiling covering materials must be attached so they are easily cleanable.

(b) Except in areas used only for dry storage, concrete, porous blocks, or bricks used for indoor wall construction must be finished and sealed to provide a smooth, nonabsorbent, easily cleanable surface.

(c) For purposes of this section, a violation of subsection (a) or (b) is a core item. (Indiana Department of Health; 410 IAC 7-26-414; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA)

410 IAC 7-26-415 410 IAC 7-26-415 Wall and ceiling attachments

410 IAC 7-26-415 Wall and ceiling attachments

Authority: IC 16-42-5-5

Affected: IC 16-42-5

Sec. 415. (a) Except as specified in subsection (b), attachments to walls and ceilings, such including:

(1) light fixtures;

(2) mechanical room ventilation system components;

(3) vent covers;

(4) wall mounted fans;

(5) decorative items; and

(6) other attachments;

must be easily cleanable.

(b) In a consumer area, wall and ceiling surfaces and decorative items and attachments that are provided for ambiance need not meet this requirement if they are kept clean.

(c) For purposes of this section, a violation of subsection (a) is a core item. (Indiana Department of Health; 410 IAC 7-26-415; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA)

410 IAC 7-26-416 410 IAC 7-26-416 Exposure of wall and ceiling studs, joists, and rafters

410 IAC 7-26-416 Exposure of wall and ceiling studs, joists, and rafters

Authority: IC 16-42-5-5

Affected: IC 16-42-5

Sec. 416. (a) Except in temporary retail food establishments, studs, joists, and rafters may not be exposed in areas subject to moisture.

(b) For purposes of this section, a violation of subsection (a) is a core item. (Indiana Department of Health; 410 IAC 7-26-416; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA)

410 IAC 7-26-417 410 IAC 7-26-417 Functionality of light bulbs and protective shielding

410 IAC 7-26-417 Functionality of light bulbs and protective shielding

Authority: IC 16-42-5-5

Affected: IC 16-42-5

Sec. 417. (a) Except as specified in subsection (b), light bulbs must be shielded, coated, or otherwise shatter-resistant in areas where there is:

(1) exposed food;

(2) clean equipment, utensils, and linens; or

(3) unwrapped single-service and single-use articles.

(b) Shielded, coated, or otherwise shatter-resistant bulbs need not be used in areas used only for storing food in unopened packages if the:

(1) integrity of the packages cannot be affected by broken glass falling onto them; and

(2) packages are capable of being cleaned of debris from broken bulbs before the packages are opened.

(c) An infrared or other heat lamp must be protected against breakage by a shield surrounding and extending beyond the bulb so that only the face of the bulb is exposed.

(d) For purposes of this section, a violation of subsection (a) or (c) is a core item. (Indiana Department of Health; 410 IAC 7-26-417; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA)

410 IAC 7-26-418 410 IAC 7-26-418 Design of heating, ventilating, and air conditioning system vents

410 IAC 7-26-418 Design of heating, ventilating, and air conditioning system vents

Authority: IC 16-42-5-5

Affected: IC 16-42-5

Sec. 418. (a) Heating, ventilating, and air conditioning systems must be designed and installed so that makeup air intake and exhaust vents do not cause contamination of:

(1) food;

(2) food contact surfaces;

(3) equipment; or

(4) utensils.

(b) For purposes of this section, a violation of subsection (a) is a core item. (Indiana Department of Health; 410 IAC 7-26-418; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA)

410 IAC 7-26-419 410 IAC 7-26-419 Design and installation of insect control devices

410 IAC 7-26-419 Design and installation of insect control devices

Authority: IC 16-42-5-5

Affected: IC 16-42-5

Sec. 419. (a) Insect control devices used to electrocute or stun flying insects must be designed to keep the insect in the device.

(b) Insect control devices must be installed so that:

(1) the devices are not located over a food preparation area; and

(2) dead insects and insect fragments are prevented from being impelled onto or falling on:

(A) exposed food;

(B) clean equipment, utensils, and linens; and

(C) unwrapped single-service and single-use articles.

(c) For purposes of this section, a violation of subsection (a) or (b) is a core item. (Indiana Department of Health; 410 IAC 7-26-419; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA)

410 IAC 7-26-420 410 IAC 7-26-420 Enclosed toilet rooms

410 IAC 7-26-420 Enclosed toilet rooms

Authority: IC 16-42-5-5

Affected: IC 16-42-5

Sec. 420. (a) Except where a toilet room is located outside a food establishment and does not open directly into the food establishment, such as a toilet room provided by the management of a shopping mall, a toilet room located on the premises must be completely enclosed and provided with a tight-fitting and self-closing door.

(b) Toilet room doors must be kept closed, except during cleaning and maintenance.

(c) For purposes of this section, a violation of subsection (a) or (b) is a core item. (Indiana Department of Health; 410 IAC 7-26-420; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA)

410 IAC 7-26-421 410 IAC 7-26-421 Protected outer openings

410 IAC 7-26-421 Protected outer openings

Authority: IC 16-42-5-5

Affected: IC 16-42-5

Sec. 421. (a) Except as specified in this section, outer openings of a retail food establishment must be protected against the entry of insects and rodents by:

(1) filling or closing holes and other gaps along floors, walls, and ceilings;

(2) closed, tight fitting windows; and

(3) solid, self-closing, and tight fitting doors.

(b) Subsection (a) does not apply if a retail food establishment opens into:

(1) a larger structure, such as a mall, an airport, or an office building; or

(2) an attached structure, such as a porch;

and the outer openings from the larger or attached structure are protected against the entry of insects and rodents.

(c) Exterior doors used as exits need not have a self-closing device when they are:

(1) solid and tight-fitting;

(2) designated for use only when an emergency exists, by the fire protection authority that has jurisdiction over the establishment; and

(3) for limited use so they are not used for entrance or exit from the building for purposes other than the designated emergency exit use.

(d) Except as specified in subsections (b) and (e), if the windows or doors of a retail food establishment, or of a larger structure within which a retail food establishment is located, are kept open for ventilation or other purposes, or a temporary retail food establishment is not provided with windows and doors as specified under subsection (a), the openings must be protected against the entry of insects and rodents by:

(1) sixteen (16) mesh to twenty-five and four-tenths millimeters (25.4 mm) screens;

(2) properly designed and installed air curtains to control flying insects; or

(3) other effective means.

(e) Subsection (d) does not apply if flying insects and other pests are absent due to the location of the establishment, the weather, or other limiting conditions.

(f) This section does not apply to an approved outdoor food operation of a retail food establishment.

(g) For purposes of this section, a violation of subsection (a) or (d) is a core item. (Indiana Department of Health; 410 IAC 7-26-421; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA)

410 IAC 7-26-422 410 IAC 7-26-422 Protective barriers on exterior walls and roofs

410 IAC 7-26-422 Protective barriers on exterior walls and roofs

Authority: IC 16-42-5-5

Affected: IC 16-42-5

Sec. 422. (a) Unless approved not to have perimeter walls and roofs, such as for some:

(1) temporary food establishments;

(2) mobile food establishments; or

(3) outdoor food operations;

a retail food establishment must have perimeter walls and roofs that effectively protect the establishment from the weather and the entry of insects, rodents, and other animals.

(b) For purposes of this section, a violation of subsection (a) is a core item. (Indiana Department of Health; 410 IAC 7-26-422; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA)

410 IAC 7-26-423 410 IAC 7-26-423 Overhead protection on outdoor food vending areas

410 IAC 7-26-423 Overhead protection on outdoor food vending areas

Authority: IC 16-42-5-5

Affected: IC 16-42-5

Sec. 423. (a) If located outdoors, a machine used to vend food must have overhead protection, but machines vending canned beverages need not meet this requirement.

(b) For purposes of this section, a violation of subsection (a) is a core item. (Indiana Department of Health; 410 IAC 7-26-423; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA)

410 IAC 7-26-424 410 IAC 7-26-424 Overhead protection on outdoor servicing areas

410 IAC 7-26-424 Overhead protection on outdoor servicing areas

Authority: IC 16-42-5-5

Affected: IC 16-42-5

Sec. 424. (a) Unless otherwise approved by the regulatory authority, servicing areas must be provided with overhead protection, except areas used only for:

(1) the loading or unloading of closed food containers;

(2) the loading of water; or

(3) the discharge of sewage and other liquid waste using closed system of hoses.

(b) For purposes of this section, a violation of subsection (a) is a core item. (Indiana Department of Health; 410 IAC 7-26-424; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA)

410 IAC 7-26-425 410 IAC 7-26-425 Outdoor walking and driving surfaces graded to drain

410 IAC 7-26-425 Outdoor walking and driving surfaces graded to drain

Authority: IC 16-42-5-5

Affected: IC 16-42-5

Sec. 425. (a) Exterior walking and driving surfaces must be graded to drain.

(b) For purposes of this section, a violation of subsection (a) is a core item. (Indiana Department of Health; 410 IAC 7-26-425; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA)

410 IAC 7-26-426 410 IAC 7-26-426 Outdoor refuse areas; curbed and graded to drain

410 IAC 7-26-426 Outdoor refuse areas; curbed and graded to drain

Authority: IC 16-42-5-5

Affected: IC 16-42-5

Sec. 426. (a) Outdoor refuse areas must be constructed in accordance with law and curbed and graded to drain to collect and dispose of liquid waste that results from the refuse and from cleaning the area and waste receptacles.

(b) For purposes of this section, a violation of subsection (a) is a core item. (Indiana Department of Health; 410 IAC 7-26-426; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA)

410 IAC 7-26-427 410 IAC 7-26-427 Private homes; use prohibited

410 IAC 7-26-427 Private homes; use prohibited

Authority: IC 16-42-5-5

Affected: IC 16-42-5

Sec. 427. (a) The following may not be used for retail food establishment operations:

(1) A private home.

(2) A room used as living or sleeping quarters.

(3) An area directly opening into a room used as living or sleeping quarters.

(b) For purposes of this section, a violation of subsection (a) is a P item. (Indiana Department of Health; 410 IAC 7-26-427; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA)

410 IAC 7-26-428 410 IAC 7-26-428 Separation of living or sleeping quarters

410 IAC 7-26-428 Separation of living or sleeping quarters

Authority: IC 16-42-5-5

Affected: IC 16-42-5

Sec. 428. (a) Living or sleeping quarters located on the premises of a retail food establishment, such as those provided for lodging registration clerks or resident managers, must be separated from rooms and areas used for retail food establishment operations by complete partitioning and solid self-closing doors.

(b) For purposes of this section, a violation of subsection (a) is a core item. (Indiana Department of Health; 410 IAC 7-26-428; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA)

410 IAC 7-26-429 410 IAC 7-26-429 Availability of handwashing cleanser

410 IAC 7-26-429 Availability of handwashing cleanser

Authority: IC 16-42-5-5

Affected: IC 16-42-5

Sec. 429. (a) Each handwashing sink or group of two (2) adjacent handwashing sinks must be provided with a supply of hand cleaning:

(1) liquid;

(2) powder; or

(3) bar soap.

(b) For purposes of this section, a violation of subsection (a) is PF item. (Indiana Department of Health; 410 IAC 7-26-429; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA)

410 IAC 7-26-430 410 IAC 7-26-430 Hand drying provisions

410 IAC 7-26-430 Hand drying provisions

Authority: IC 16-42-5-5

Affected: IC 16-42-5

Sec. 430. (a) Each handwashing sink or group of adjacent sinks must be provided with one (1) of the following:

(1) Individual, disposable towels.

(2) A continuous towel system that supplies the user with a clean towel.

(3) A heated air hand drying device.

(4) A hand drying device that employs an air-knife system that delivers high velocity, pressurized air at ambient temperatures.

(b) For purposes of this section, a violation of subsection (a) is PF item. (Indiana Department of Health; 410 IAC 7-26-430; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA)

410 IAC 7-26-431 410 IAC 7-26-431 Restrictions on handwashing aids and devices

410 IAC 7-26-431 Restrictions on handwashing aids and devices

Authority: IC 16-42-5-5

Affected: IC 16-42-5

Sec. 431. (a) A sink used for food preparation or utensil washing, or a service sink or curbed cleaning facility used for the disposal of mop water or similar wastes, may not be provided with the handwashing aids and devices required for a handwashing sink as specified under sections 393(c), 429, and 430 of this rule.

(b) For purposes of this section, a violation of subsection (a) is a core item. (Indiana Department of Health; 410 IAC 7-26-431; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA)

410 IAC 7-26-432 410 IAC 7-26-432 Handwashing signage

410 IAC 7-26-432 Handwashing signage

Authority: IC 16-42-5-5

Affected: IC 16-42-5

Sec. 432. (a) A sign or poster that notifies food employees to wash their hands must be:

(1) posted at all handwashing sinks used by food employees; and

(2) clearly visible to food employees.

(b) For purpose of this section, a violation of subsection (a) is a core item. (Indiana Department of Health; 410 IAC 7-26-432; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA)

410 IAC 7-26-433 410 IAC 7-26-433 Waste receptacles for disposable towels

410 IAC 7-26-433 Waste receptacles for disposable towels

Authority: IC 16-42-5-5

Affected: IC 16-42-5

Sec. 433. (a) A handwashing sink or group of adjacent sinks provided with disposable towels must be provided with a waste receptacle as specified under section 393(c) of this rule.

(b) For purposes of this section, a violation of subsection (a) is a core item. (Indiana Department of Health; 410 IAC 7-26-433; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA)

410 IAC 7-26-434 410 IAC 7-26-434 Toilets and urinals

410 IAC 7-26-434 Toilets and urinals

Authority: IC 16-42-5-5

Affected: IC 16-42-5

Sec. 434. (a) Toilets and urinals must be provided as specified under section 352 of this rule.

(b) For purposes of this section, a violation of subsection (a) is a core item. (Indiana Department of Health; 410 IAC 7-26-434; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA)

410 IAC 7-26-435 410 IAC 7-26-435 Availability of toilet tissue

410 IAC 7-26-435 Availability of toilet tissue

Authority: IC 16-42-5-5

Affected: IC 16-42-5

Sec. 435. (a) A supply of toilet tissue must be available at each toilet.

(b) For purposes of this section, a violation of subsection (a) is a PF item. (Indiana Department of Health; 410 IAC 7-26-435; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA)

410 IAC 7-26-436 410 IAC 7-26-436 Lighting intensity

410 IAC 7-26-436 Lighting intensity

Authority: IC 16-42-5-5

Affected: IC 16-42-5

Sec. 436. (a) The light intensity must be at least ten (10) foot-candles, one hundred eight (108) lux, at a distance of thirty (30) inches, seventy-five (75) centimeters, above the floor, in walk-in refrigeration units and dry food storage areas, and in other areas and rooms during periods of cleaning.

(b) The light intensity must be at least twenty (20) foot-candles, two hundred fifteen (215) lux:

(1) at a surface where food is provided for consumer self-service, such as buffets and salad bars or where fresh produce or packaged foods are sold or offered for consumption;

(2) inside equipment, such as reach-in and under counter refrigerators; and

(3) at a distance of thirty (30) inches, seventy-five (75) centimeters, above the floor in areas used for handwashing, warewashing, equipment and utensil storage, and in toilet rooms.

(c) The light intensity must be at least fifty (50) foot-candles, five hundred forty (540) lux, at a surface where a food employee is working with food or with utensils or equipment, such as knives, slices, grinders, or saws, where employee safety is a factor.

(d) For purposes of this section, a violation of subsection (a), (b), or (c) is a core item. (Indiana Department of Health; 410 IAC 7-26-436; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA)

410 IAC 7-26-437 410 IAC 7-26-437 Mechanical ventilation

410 IAC 7-26-437 Mechanical ventilation

Authority: IC 16-42-5-5

Affected: IC 16-42-5

Sec. 437. (a) Mechanical ventilation must be provided in accordance with the requirements of 675 IAC, and be of sufficient capacity to keep rooms free of the following:

(1) Excessive heat.

(2) Steam.

(3) Condensation.

(4) Vapors.

(5) Obnoxious odors.

(6) Smoke.

(7) Fumes.

(b) For purposes of this section, a violation of subsection (a) is a core item. (Indiana Department of Health; 410 IAC 7-26-437; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA)

410 IAC 7-26-438 410 IAC 7-26-438 Designation of dressing areas or lockers

410 IAC 7-26-438 Designation of dressing areas or lockers

Authority: IC 16-42-5-5

Affected: IC 16-42-5

Sec. 438. (a) Dressing rooms or areas must be designated and used if employees regularly change their clothes in the establishment.

(b) Lockers or other suitable facilities must be provided and used for the orderly storage of employee clothing and other possessions.

(c) For purposes of this section, a violation of subsection (a) or (b) is a core item. (Indiana Department of Health; 410 IAC 7-26-438; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA)

410 IAC 7-26-439 410 IAC 7-26-439 Toilet room accessibility

410 IAC 7-26-439 Toilet room accessibility

Authority: IC 16-42-5-5

Affected: IC 16-42-5

Sec. 439. (a) Toilet rooms must be conveniently located and accessible to employees during all hours of operation.

(b) For purposes of this section, a violation of subsection (a) is core item. (Indiana Department of Health; 410 IAC 7-26-439; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA)

410 IAC 7-26-440 410 IAC 7-26-440 Designated employee areas

410 IAC 7-26-440 Designated employee areas

Authority: IC 16-42-5-5

Affected: IC 16-42-5

Sec. 440. (a) Areas designated for employees to eat, drink, and use tobacco products must be located so that:

(1) food;

(2) equipment;

(3) linens; and

(4) single-service and single-use articles;

are protected from contamination.

(b) Lockers or other suitable facilities must be located in a designated room or area where contamination of:

(1) food;

(2) equipment;

(3) utensils;

(4) linens; and

(5) single-service and single-use articles;

cannot occur.

(c) For purposes of this section, a violation of subsection (a) or (b) is a core item. (Indiana Department of Health; 410 IAC 7-26-440; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA)

410 IAC 7-26-441 410 IAC 7-26-441 Segregation of distressed merchandise

410 IAC 7-26-441 Segregation of distressed merchandise

Authority: IC 16-42-5-5

Affected: IC 16-42-5

Sec. 441. (a) Products held by the owner or operator in a retail food establishment for credit, redemption, or return to the distributor, such as damaged, spoiled, or recalled products, must be segregated and held in designated areas separated from:

(1) food;

(2) equipment;

(3) utensils;

(4) linens; and

(5) single-service and single-use articles.

(b) For purposes of this section, a violation of subsection (a) is a PF item. (Indiana Department of Health; 410 IAC 7-26-441; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA)

410 IAC 7-26-442 410 IAC 7-26-442 Repairing premises, structures, and attachments

410 IAC 7-26-442 Repairing premises, structures, and attachments

Authority: IC 16-42-5-5

Affected: IC 16-42-5

Sec. 442. (a) The physical facility of a retail food establishment must be maintained in good repair.

(b) For purposes of this section, a violation of subsection (a) is a core item. (Indiana Department of Health; 410 IAC 7-26-442; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA)

410 IAC 7-26-443 410 IAC 7-26-443 Physical structures; restrictions and frequency of cleaning

410 IAC 7-26-443 Physical structures; restrictions and frequency of cleaning

Authority: IC 16-42-5-5

Affected: IC 16-42-5

Sec. 443. (a) A physical facility of a retail food establishment must be cleaned as often as necessary to keep it clean.

(b) Cleaning must be done during periods when the least amount of food is exposed, such as after closing. This requirement does not apply to cleaning that is necessary due to a spill or other accident.

(c) For purposes of this section, a violation of subsection (a) or (b) is a core item. (Indiana Department of Health; 410 IAC 7-26-443; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA)

410 IAC 7-26-444 410 IAC 7-26-444 Cleaning floors; dustless methods

410 IAC 7-26-444 Cleaning floors; dustless methods

Authority: IC 16-42-5-5

Affected: IC 16-42-5

Sec. 444. (a) Except as specified in subsection (b), only dustless methods of cleaning may be used, such as:

(1) wet cleaning;

(2) vacuum cleaning;

(3) mopping with treated dust mops; or

(4) sweeping using a broom and dust-arresting compounds.

(b) Spills or drippage on floors that occur between normal floor cleaning times may be cleaned:

(1) without the use of dust-arresting compounds; and

(2) in the case of liquid spills or drippage, with the use of a small amount of absorbent compound, such as sawdust or diatomaceous earth compounds, applied immediately before spot cleaning.

(c) For purposes of this section, a violation of subsection (a) is a core item. (Indiana Department of Health; 410 IAC 7-26-444; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA)

410 IAC 7-26-445 410 IAC 7-26-445 Cleaning ventilation systems

410 IAC 7-26-445 Cleaning ventilation systems

Authority: IC 16-42-5-5

Affected: IC 16-42-5

Sec. 445. (a) Intake and exhaust air ducts must be cleaned and have filters changed so they are not a source of contamination by:

(1) dust;

(2) dirt; and

(3) other materials.

(b) If vented to the outside, ventilation systems may not create a:

(1) public health hazard;

(2) nuisance; or

(3) unlawful discharge.

(c) For purposes of this section, a violation of subsection (a) or (b) is a core item. (Indiana Department of Health; 410 IAC 7-26-445; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA)

410 IAC 7-26-446 410 IAC 7-26-446 Cleaning maintenance tools and preventing contamination

410 IAC 7-26-446 Cleaning maintenance tools and preventing contamination

Authority: IC 16-42-5-5

Affected: IC 16-42-5

Sec. 446. (a) Food preparation sinks, handwashing sinks, and warewashing equipment may not be used for the:

(1) cleaning of maintenance tools;

(2) preparation or holding of maintenance materials; or

(3) disposal of mop water and similar liquid wastes.

(b) For purposes of this section, a violation of subsection (a) is a PF item. (Indiana Department of Health; 410 IAC 7-26-446; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA)

410 IAC 7-26-447 410 IAC 7-26-447 Drying mops

410 IAC 7-26-447 Drying mops

Authority: IC 16-42-5-5

Affected: IC 16-42-5

Sec. 447. (a) After use, mops must be placed in a position that allows them to air dry without soiling walls, equipment, or supplies.

(b) For purposes of this section, a violation of subsection (a) is a core item. (Indiana Department of Health; 410 IAC 7-26-447; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA)

410 IAC 7-26-448 410 IAC 7-26-448 Limitation of absorbent materials on floors

410 IAC 7-26-448 Limitation of absorbent materials on floors

Authority: IC 16-42-5-5

Affected: IC 16-42-5

Sec. 448. (a) Except as specified in section 444(b) of this rule:

(1) sawdust;

(2) wood shavings;

(3) granular salt;

(4) baked clay;

(5) diatomaceous earth compounds; or

(6) similar materials;

may not be used on floors.

(b) For purposes of this section, a violation of subsection (a) is a core item. (Indiana Department of Health; 410 IAC 7-26-448; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA)

410 IAC 7-26-449 410 IAC 7-26-449 Cleaning of plumbing fixtures

410 IAC 7-26-449 Cleaning of plumbing fixtures

Authority: IC 16-42-5-5

Affected: IC 16-42-5

Sec. 449. (a) Plumbing fixtures, such as handwashing sinks, toilets, and urinals, must be cleaned as often as necessary to keep them clean.

(b) For purposes of this section, a violation of subsection (a) is a core item. (Indiana Department of Health; 410 IAC 7-26-449; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA)

410 IAC 7-26-450 410 IAC 7-26-450 Controlling pests

410 IAC 7-26-450 Controlling pests

Authority: IC 16-42-5-5

Affected: IC 16-42-5

Sec. 450. (a) The premises must be maintained free of insects, rodents, and other pests. The presence of insects, rodents, and other pests must be controlled to eliminate their presence on the premises by:

(1) routinely inspecting incoming shipments of food and supplies;

(2) routinely inspecting the premises for evidence of pests;

(3) using methods, if pests are found, such as trapping devices or other means of pest control as specified under sections 459, 467, and 468 of this rule; and

(4) eliminating harborage conditions.

(b) For purposes of this section, a violation of subsection (a)(3) is a PF item.

(c) For purposes of this section, a violation of subsection (a)(1), (a)(2), or (a)(4) is a core item. (Indiana Department of Health; 410 IAC 7-26-450; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA)

410 IAC 7-26-451 410 IAC 7-26-451 Removing dead or trapped birds, insects, rodents, and other pests

410 IAC 7-26-451 Removing dead or trapped birds, insects, rodents, and other pests

Authority: IC 16-42-5-5

Affected: IC 16-42-5

Sec. 451. (a) Dead or trapped:

(1) birds;

(2) insects;

(3) rodents; and

(4) other pests;

must be removed from control devices and the premises at a frequency that prevents their accumulation, decomposition, or attraction of pests.

(b) For purposes of this section, a violation of subsection (a) is a core item. (Indiana Department of Health; 410 IAC 7-26-451; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA)

410 IAC 7-26-452 410 IAC 7-26-452 Storing maintenance tools

410 IAC 7-26-452 Storing maintenance tools

Authority: IC 16-42-5-5

Affected: IC 16-42-5

Sec. 452. (a) Maintenance tools, such as brooms, shovels, mops, vacuum cleaners, and similar items must be stored so they do not contaminate:

(1) food;

(2) equipment;

(3) utensils;

(4) linens; and

(5) single-service and single-use articles.

(b) The maintenance tools described in subsection (a) must be stored in an orderly way that facilitates cleaning the area used for storing the maintenance tools.

(c) For purposes of this section, a violation of subsection (a) or (b) is a core item. (Indiana Department of Health; 410 IAC 7-26-452; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA)

410 IAC 7-26-453 410 IAC 7-26-453 Maintaining premises of unnecessary items and litter

410 IAC 7-26-453 Maintaining premises of unnecessary items and litter

Authority: IC 16-42-5-5

Affected: IC 16-42-5

Sec. 453. (a) The premises must be free of:

(1) items unnecessary to the operation or maintenance of the establishment, such as equipment that is nonfunctional or no longer used; and

(2) litter.

(b) For purposes of this section, a violation of subsection (a) is a core item. (Indiana Department of Health; 410 IAC 7-26-453; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA)

410 IAC 7-26-454 410 IAC 7-26-454 Prohibiting animals

410 IAC 7-26-454 Prohibiting animals

Authority: IC 16-42-5-5

Affected: IC 16-42-5

Sec. 454. (a) Except as specified in this section, live animals may not be allowed in the operational areas of a retail food establishment.

(b) Live animals may be allowed if the contamination of food, clean equipment, utensils, linens, and unwrapped single-service and single-use articles cannot result, such as in the following situations:

(1) Edible fish or decorative fish in aquariums, shellfish or crustacea on ice or under refrigeration, and shellfish and crustacea in display tank systems.

(2) Patrol dogs accompanying police or security officers in offices and dining, sales, and storage areas, and sentry dogs running loose in outside fenced areas.

(3) In areas not used for food preparation and are usually open for customers, such as dining and sales areas, service animals that are controlled by a disabled employee or person, if a health or safety hazard will not result from the presence or activities of the service animal.

(4) Pets in the common dining areas of institutional care facilities, such as nursing homes, assisted living facilities, group homes, or residential care facilities, at times other than during meals if:

(A) effective partitioning and self-closing doors separate the common dining areas from food storage or preparation areas;

(B) condiments, equipment, and utensils are stored in enclosed cabinets or removed from the common dining areas when pets are present; and

(C) dining areas, including tables, countertops, and similar surfaces, are effectively cleaned before the next meal service.

(5) In areas not used for food preparation, storage, sales, display, or dining, in which there are caged animals or animals that are similarly confined, such as in a:

(A) variety store that sells pets; or

(B) tourist park that displays animals.

(c) Live or dead fish bait may be stored if contamination of:

(1) food;

(2) clean equipment, utensils, and linens; and

(3) unwrapped single-service and single-use articles;

cannot result.

(d) If approved by the regulatory authority, retail food establishments may allow pet dogs in outdoor dining areas.

(e) For purposes of this section, a violation of subsection (a) is a PF item. (Indiana Department of Health; 410 IAC 7-26-454; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA)

410 IAC 7-26-455 410 IAC 7-26-455 Identifying information on original containers

410 IAC 7-26-455 Identifying information on original containers

Authority: IC 16-42-5-5

Affected: IC 16-42-5

Sec. 455. (a) Containers of poisonous or toxic materials and personal care items must bear a legible manufacturer's label.

(b) For purposes of this section, a violation of subsection (a) is a PF item. (Indiana Department of Health; 410 IAC 7-26-455; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA)

410 IAC 7-26-456 410 IAC 7-26-456 Working containers; common name

410 IAC 7-26-456 Working containers; common name

Authority: IC 16-42-5-5

Affected: IC 16-42-5

Sec. 456. (a) Working containers used for storing poisonous or toxic materials, such as cleaners and sanitizers taken from bulk supplies, must be clearly and individually identified with the common name of the material.

(b) For purposes of this section, a violation of subsection (a) is a PF item. (Indiana Department of Health; 410 IAC 7-26-456; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA)

410 IAC 7-26-457 410 IAC 7-26-457 Separation of poisonous or toxic materials

410 IAC 7-26-457 Separation of poisonous or toxic materials

Authority: IC 16-42-5-5

Affected: IC 16-42-5

Sec. 457. (a) Poisonous or toxic materials must be stored so they cannot contaminate food, equipment, utensils, linens, and single-service and single-use articles by:

(1) separating the poisonous or toxic materials by spacing or partitioning; and

(2) locating the poisonous or toxic materials in an area that is not above:

(A) food;

(B) equipment;

(C) utensils;

(D) linens; and

(E) single-service or single-use articles.

(b) This section does not apply to equipment and utensil cleaners and sanitizers stored in warewashing areas for availability and convenience if the materials are stored to prevent contamination of food, equipment, utensils, linens, and single-service and single-use articles.

(c) For purposes of this section, a violation of subsection (a) is a P item. (Indiana Department of Health; 410 IAC 7-26-457; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA)

410 IAC 7-26-458 410 IAC 7-26-458 Restriction of poisonous or toxic materials

410 IAC 7-26-458 Restriction of poisonous or toxic materials

Authority: IC 16-42-5-5

Affected: IC 16-42-5

Sec. 458. (a) Only those poisonous or toxic materials required for the operation and maintenance of a retail food establishment, such as for the:

(1) cleaning and sanitizing of equipment and utensils; and

(2) control of insects and rodents;

are allowed in a retail food establishment.

(b) Subsection (a) does not apply to packaged poisonous or toxic materials for retail sale.

(c) For purposes of this section, a violation of subsection (a) is a PF item. (Indiana Department of Health; 410 IAC 7-26-458; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA)

410 IAC 7-26-459 410 IAC 7-26-459 Conditions of poisonous or toxic materials use

410 IAC 7-26-459 Conditions of poisonous or toxic materials use

Authority: IC 16-42-5-5

Affected: IC 16-42-5

Sec. 459. (a) Poisonous or toxic materials must be used according to the following:

(1) The law and this rule.

(2) Manufacturer's use directions included in labeling, and, for a pesticide, manufacturer's label instructions that state that use is allowed in a retail food establishment.

(3) The conditions of certification for use of pest control materials.

(b) Poisonous or toxic materials must be applied so that:

(1) a hazard to employees or other persons is not constituted;and

(2) contamination, including toxic residues due to drip, drain, fog, splash, or spray on food, equipment, utensils, linens, and single-service and single-use articles is prevented and achieved by:

(A) removing the items;

(B) covering the items with impermeable covers, or taking other appropriate preventive actions; and

(C) cleaning and sanitizing equipment and utensils after application.

(c) A restricted use pesticide may be applied only by:

(1) an applicator certified according to law; or

(2) a person under the direct supervision of a certified applicator.

(d) For purposes of this section, a violation of subsection (a)(2), (a)(3), or (b) is a P item.

(e) For purposes of this section, a violation of subsection (c) is a PF item.

(f) For purposes of this section, a violation of subdivision (a)(1) [subsection (a)(1)] is a core item. (Indiana Department of Health; 410 IAC 7-26-459; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA)

410 IAC 7-26-460 410 IAC 7-26-460 Poisonous or toxic material containers

410 IAC 7-26-460 Poisonous or toxic material containers

Authority: IC 16-42-5-5

Affected: IC 16-42-5

Sec. 460. (a) A container previously used to store poisonous or toxic materials may not be used to store, transport, or dispense:

(1) food;

(2) equipment;

(3) utensils;

(4) linens; or

(5) single-service or single-use articles.

(b) For purposes of this section, a violation of subsection (a) is a P item. (Indiana Department of Health; 410 IAC 7-26-460; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA)

410 IAC 7-26-461 410 IAC 7-26-461 Sanitizers; criteria

410 IAC 7-26-461 Sanitizers; criteria

Authority: IC 16-42-5-5

Affected: IC 16-42-5

Sec. 461. (a) Chemical sanitizers, including chemical sanitizing solutions generated onsite, and other chemical antimicrobial formulations applied to food contact surfaces must:

(1) meet the requirements specified in 40 CFR 180.940, or

(2) meet the requirements specified in 40 CFR 180.2020.

(b) For purposes of this section, a violation of subsection (a) is a P item. (Indiana Department of Health; 410 IAC 7-26-461; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA)

410 IAC 7-26-462 410 IAC 7-26-462 Chemicals for washing fruits and vegetables; criteria

410 IAC 7-26-462 Chemicals for washing fruits and vegetables; criteria

Authority: IC 16-42-5-5

Affected: IC 16-42-5

Sec. 462. (a) Chemicals, including those generated at a retail food establishment, used to wash or peel raw, whole fruits and vegetables, or used in the treatment, storage, and processing of fruits and vegetables, must be:

(1) an approved food additive listed for this intended use in 21 CFR 173;

(2) GRAS for this intended use; or

(3) the subject of an effective food contact notification for this intended use, only effective for the manufacturer or supplier identified in the notification,and meet the requirements in 40 CFR 156.

(b) For purposes of this section, a violation of subsection (a) is a P item. (Indiana Department of Health; 410 IAC 7-26-462; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA)

410 IAC 7-26-463 410 IAC 7-26-463 Boiler water additives; criteria

410 IAC 7-26-463 Boiler water additives; criteria

Authority: IC 16-42-5-5

Affected: IC 16-42-5

Sec. 463. (a) Chemicals used as boiler water additives must meet the requirements specified in 21 CFR 173.310.

(b) For purposes of this section, a violation of subsection (a) is a P item. (Indiana Department of Health; 410 IAC 7-26-463; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA)

410 IAC 7-26-464 410 IAC 7-26-464 Drying agents; criteria

410 IAC 7-26-464 Drying agents; criteria

Authority: IC 16-42-2-5

Affected: IC 16-42-2

Sec. 464. (a) Drying agents used in conjunction with sanitization may contain only components listed as one (1) of the following:

(1) GRAS for use in food as specified in 21 CFR 182 or 21 CFR 184.

(2) GRAS for the intended use as specified in 21 CFR 186.

(3) GRAS for the intended use determined by experts qualified in scientific training and experience to evaluate the safety of substances added, directly or indirectly, to food as described in 21 CFR 170.30.

(4) Subject to an effective Food Contact Notification as described in the Federal Food Drug and Cosmetic Act (FFDCA) Section 420(h).

(5) Approved for use as a drying agent under a prior sanction as described in the FFDCA Section 201(s)(4).

(6) Specifically regulated as an indirect food additive for use as a drying agent as specified in 21 CFR 174 through 21 CFR 186.

(7) Approved for use as a drying agent under the threshold of regulation process established by 21 CFR 170.39.

(b) When sanitization is with chemicals, the approval required under subsection (a)(5) or (a)(7), or the regulation as an indirect food additive required under subsection (a)(6), must be specifically for use with chemical sanitizing solutions.

(c) For purposes of this section, a violation of subsection (a) or (b) is a P item. (Indiana Department of Health; 410 IAC 7-26-464; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA)

410 IAC 7-26-465 410 IAC 7-26-465 Incidental food contact with lubricants

410 IAC 7-26-465 Incidental food contact with lubricants

Authority: IC 16-42-5-5

Affected: IC 16-42-5

Sec. 465. (a) Lubricants must meet the requirements specified in 21 CFR 178.3570 if they are used on:

(1) food contact surfaces; or

(2) bearings and gears located:

(A) on or within food contact surfaces; or

(B) so that lubricants may:

(i) leak;

(ii) drip; or

(iii) be forced;

into food or onto food contact surfaces.

(b) For purposes of this section, a violation of subsection (a) is a P item. (Indiana Department of Health; 410 IAC 7-26-464; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA)

410 IAC 7-26-466 410 IAC 7-26-466 Restricted use pesticides; criteria

410 IAC 7-26-466 Restricted use pesticides; criteria

Authority: IC 16-42-5-5

Affected: IC 16-42-5

Sec. 466. (a) Restricted use pesticides specified under section 459(c) of this rule must meet the requirements specified in law and the rules promulgated by the office of the Indiana state chemist.

(b) For purposes of this section, a violation of subsection (a) is a P item. (Indiana Department of Health; 410 IAC 7-26-466; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA)

410 IAC 7-26-467 410 IAC 7-26-467 Rodent bait stations

410 IAC 7-26-467 Rodent bait stations

Authority: IC 16-42-5-5

Affected: IC 16-42-5

Sec. 467. (a) Rodent bait must be contained in a covered, tamper-resistant bait station.

(b) For purposes of this section, a violation of subsection (a) is a P item. (Indiana Department of Health; 410 IAC 7-26-467; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA)

410 IAC 7-26-468 410 IAC 7-26-468 Use of tracking powders; pest control and monitoring

410 IAC 7-26-468 Use of tracking powders; pest control and monitoring

Authority: IC 16-42-5-5

Affected: IC 16-42-5

Sec. 468. (a) A toxic tracking powder pesticide may not be used in a retail food establishment.

(b) If used, a nontoxic tracking powder, such as talcum or flour, may not contaminate:

(1) food;

(2) equipment;

(3) utensils;

(4) linens; and

(5) single-service and single-use articles.

(c) For purposes of this section, a violation of subsection (a) is a P item.

(d) For purposes of this section, a violation of subsection (b) is a core item. (Indiana Department of Health; 410 IAC 7-26-468; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA)

410 IAC 7-26-469 410 IAC 7-26-469 Medicine restrictions and storage

410 IAC 7-26-469 Medicine restrictions and storage

Authority: IC 16-42-5-5

Affected: IC 16-42-5

Sec. 469. (a) Only those medicines necessary for the health of employees are allowed in a retail food establishment. This section does not apply to medicines stored or displayed for retail sale.

(b) Medicines in a retail food establishment for the employees' use must be:

(1) labeled as specified under section 455 of this rule; and

(2) located to prevent the contamination of:

(A) food;

(B) equipment;

(C) utensils;

(D) linens; and

(E) single-service and single-use articles.

(c) For purposes of this section, a violation of subsection (b) is a P item.

(d) For purposes of this section, a violation of subsection (a) is a PF item. (Indiana Department of Health; 410 IAC 7-26-469; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA)

410 IAC 7-26-470 410 IAC 7-26-470 Refrigerated medicines; storage

410 IAC 7-26-470 Refrigerated medicines; storage

Authority: IC 16-42-5-5

Affected: IC 16-42-5

Sec. 470. (a) Medicines belonging to employees or children in a day care center that require refrigeration and are stored in a food refrigerator must be:

(1) stored in a package or container;

(2) kept inside a covered, leakproof container that is identified as a container for the storage of medicines; and

(3) located so they are inaccessible to children.

(b) For purposes of this section, a violation of subsection (a) is a P item. (Indiana Department of Health; 410 IAC 7-26-470; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA)

410 IAC 7-26-471 410 IAC 7-26-471 Storage of first aid supplies

410 IAC 7-26-471 Storage of first aid supplies

Authority: IC 16-42-5-5

Affected: IC 16-42-5

Sec. 471. (a) First aid supplies in a retail food establishment for employees' use must be labeled as specified under section 455 of this rule.

(b) First aid supplies must be stored in a kit or container that is located to prevent the contamination of:

(1) food;

(2) equipment;

(3) utensils;

(4) linens; and

(5) single-service and single-use articles.

(c) For purposes of this section, a violation of subsection (b) is a P item.

(d) For purposes of this section, a violation of subsection (a) is a PF item. (Indiana Department of Health; 410 IAC 7-26-471; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA)

410 IAC 7-26-472 410 IAC 7-26-472 Storage of other personal care items

410 IAC 7-26-472 Storage of other personal care items

Authority: IC 16-42-5-5

Affected: IC 16-42-5

Sec. 472. (a) Except as specified under section 470 or 471 of this rule, employees shall store their personal care items in facilities specified under section 438(b) of this rule.

(b) For purposes of this section, a violation of subsection (a) is a core item. (Indiana Department of Health; 410 IAC 7-26-472; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA)

410 IAC 7-26-473 410 IAC 7-26-473 Separate storage and display of poisonous or toxic materials

410 IAC 7-26-473 Separate storage and display of poisonous or toxic materials

Authority: IC 16-42-5-5

Affected: IC 16-42-5

Sec. 473. (a) Poisonous or toxic materials must be stored and displayed for retail sale so they cannot contaminate food, equipment, utensils, linens, and single-service and single-use articles by:

(1) separating the poisonous or toxic materials by spacing or partitioning; and

(2) locating the poisonous or toxic materials in an area that is not above:

(A) food;

(B) equipment;

(C) utensils;

(D) linens; and

(E) single-service or single-use articles.

(b) For purposes of this section, a violation of subsection (a) is a P item. (Indiana Department of Health; 410 IAC 7-26-473; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA)

410 IAC 7-26-474 410 IAC 7-26-474 Public health protection

410 IAC 7-26-474 Public health protection

Authority: IC 16-42-5-5

Affected: IC 16-42-5

Sec. 474. (a) The regulatory authority shall apply this rule uniformly to all retail food establishments in a reasonable manner that promotes its underlying purpose of safeguarding public health and ensuring that food is:

(1) safe;

(2) not misbranded;

(3) unadulterated; and

(4) honestly presented;

when offered to the consumer.

(b) In enforcing this rule, the regulatory authority shall assess existing facilities or equipment that were in use before the effective date of this rule based on the following considerations:

(1) Whether the facilities or equipment are in good repair and capable of being maintained in a sanitary condition.

(2) Whether food contact surfaces comply with sections 226 through 235 of this rule.

(3) Whether the capacities of cooling, heating, and holding equipment are sufficient to comply with section 273 of this rule.

(4) The existence of a documented agreement with the retail food establishment that the facilities or equipment will be replaced or upgraded.

(Indiana Department of Health; 410 IAC 7-26-474; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA)

410 IAC 7-26-475 410 IAC 7-26-475 Timely correction for P item or PF item

410 IAC 7-26-475 Timely correction for P item or PF item

Authority: IC 16-42-5-5

Affected: IC 16-42-5

Sec. 475. (a) Except as specified in subsection (b), the owner or operator shall at the time of inspection correct a violation of a P item or PF item and implement corrective actions for a HACCP plan provision that is not in compliance with its critical limit.

(b) Considering the nature of the potential hazard involved and the complexity of the corrective action needed, the regulatory authority may agree to or specify a longer time frame, not to exceed:

(1) seventy-two (72) hours after the inspection, for the owner or operator to correct violations of a P item; or

(2) fifteen (15) calendar days after the inspection, for the owner or operator to correct violations of a PF item or HACCP plan deviations.

(c) For purposes of this section, a violation of subsection (a) is a PF item. (Indiana Department of Health; 410 IAC 7-26-475; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA)

410 IAC 7-26-476 410 IAC 7-26-476 Timely correction for core item

410 IAC 7-26-476 Timely correction for core item

Authority: IC 16-42-5-5

Affected: IC 16-42-5

Sec. 476. (a) Except as specified in subsection (b), the owner or operator shall correct core items by a date and time agreed to or specified by the department, but not later than ninety (90) calendar days after the inspection.

(b) The regulatory authority may approve a compliance schedule that extends beyond the time limits specified under subsection (a) if a written schedule of compliance is submitted by the permit holder and no health hazard exists or will result from allowing an extended schedule for compliance.

(c) For purposes of this section, a violation of subsection (a) is a core item. (Indiana Department of Health; 410 IAC 7-26-476; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA)

410 IAC 7-26-477 410 IAC 7-26-477 Prerequisite for operation

410 IAC 7-26-477 Prerequisite for operation

Authority: IC 16-42-5-5

Affected: IC 16-42-1-6; IC 16-42-5-32

Sec. 477. (a) A person may not operate a retail food establishment without first having registered with the regulatory authority as required under IC 16-42-1-6.

(b) Except as specified in subsection (c), to allow verification that the retail food establishment is constructed, equipped, and otherwise meets requirements of this rule, the regulatory authority shall be notified of an intent to operate at least thirty (30) days before operating under this rule.

(c) The regulatory authority preoperation requirements for micro market operations shall comply with the IC 16-42-5-32(e).

(d) For purposes of this section, a violation of subsection (a) is a PF item.

(e) For purposes of this section, a violation of subsection (b) is a core item. (Indiana Department of Health; 410 IAC 7-26-477; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA)

410 IAC 7-26-478 410 IAC 7-26-478 Access allowed at reasonable times after due notice

410 IAC 7-26-478 Access allowed at reasonable times after due notice

Authority: IC 16-42-5-5

Affected: IC 16-42-5

Sec. 478. (a) After the regulatory authority presents official credentials and expresses an intent to conduct an inspection or investigation, or collect food samples, the person in charge shall allow the regulatory authority to verify that the retail food establishment is in compliance with this rule by allowing access to the establishment, and providing information and records specified in this rule and to which the regulatory authority is entitled according to law, during the retail food establishment's hours of operation and other reasonable times.

(b) For purposes of this section, a violation of subsection (a) is a core item. (Indiana Department of Health; 410 IAC 7-26-478; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA)

410 IAC 7-26-479 410 IAC 7-26-479 Exemption of existing facilities from retrofit

410 IAC 7-26-479 Exemption of existing facilities from retrofit

Authority: IC 16-42-5-5

Affected: IC 16-42-5

Sec. 479. (a) Existing retail food establishments with plumbing and mechanical equipment or systems, or both, which pre-date the effective date of this rule and were approved by the regulatory authority, or through a variance at the time of construction, shall not be required to update those systems unless any of the following occurs:

(1) Substantial upgrades to the plumbing or mechanical equipment or systems, or both, required by 675 IAC 16-1.4 and 675 IAC 18-1.6.

(2) Correction to deficiencies that have caused health incidents.

(3) Deficiencies that pose a potential health risk as determined by the regulatory authority.

(4) Substantial facility remodeling or new construction that requires plan review in accordance with section 480 of this rule.

(b) For purposes of this section, a violation of subsection (a) is a core item. (Indiana Department of Health; 410 IAC 7-26-479; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA)

410 IAC 7-26-480 410 IAC 7-26-480 Requirement for facility and operating plans

410 IAC 7-26-480 Requirement for facility and operating plans

Authority: IC 16-42-5-5

Affected: IC 16-42-5

Sec. 480. (a) Except as stated in section 477(c) of this rule, the owner or other authorized agent of an existing or proposed retail food establishment shall submit to the regulatory authority plans and specifications for review before any of the following:

(1) The construction of a retail food establishment.

(2) The conversion of an existing structure for use as a retail food establishment.

(3) The remodeling of a retail food establishment or a change of type of retail food establishment or food operation if the regulatory authority determines that plans and specifications are necessary to ensure compliance with this rule.

(4) The addition or remodeling of an outdoor food operation.

(b) The owner or authorized agent of a retail food establishment or temporary food establishment may use the 2016 or later version of the Food Establishment Plan Review Guide, as published by FDA and the Conference for Food Protection, as a source for determining recommended equipment specifications and operational standards for retail food establishments and temporary food establishments.

(c) The plans and specifications shall be approved by the regulatory authority before the construction and operation of the retail food establishment.

(d) For purposes of this section, a violation of subsection (a) or (c) is a PF item. (Indiana Department of Health; 410 IAC 7-26-480; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA)

410 IAC 7-26-481 410 IAC 7-26-481 Contents and specifications for facility and operating plans

410 IAC 7-26-481 Contents and specifications for facility and operating plans

Authority: IC 16-42-5-5

Affected: IC 16-42-5

Sec. 481. (a) The plans and specifications for a retail food establishment shall include, as required by the regulatory authority based on the type of operation, type of food preparation, and foods prepared, the following information to demonstrate compliance with this rule:

(1) Intended menu.

(2) Anticipated volume of food to be stored, prepared, and sold or served.

(3) Proposed layout, mechanical schematics, construction materials, and finish schedules.

(4) Proposed equipment types, manufacturers, model numbers, locations, dimensions, performance capacities, and installation specifications.

(5) Evidence that standard operating procedures that ensure compliance with the requirements of this rule are developed or being developed.

(6) Other information that may be required by the regulatory authority for review of the food establishment.

(b) For purposes of this section, a violation of subsection (a) is a core item. (Indiana Department of Health; 410 IAC 7-26-481; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA)

410 IAC 7-26-482 410 IAC 7-26-482 Preventing health hazards; provisions for conditions not addressed

410 IAC 7-26-482 Preventing health hazards; provisions for conditions not addressed

Authority: IC 16-42-5-5

Affected: IC 16-42-5

Sec. 482. (a) If the regulatory authority determines it necessary to protect against public health hazards or nuisances, the regulatory authority may temporarily impose specific requirements authorized by state or federal law in addition to the requirements contained in this rule.

(b) The regulatory authority shall document the conditions that necessitate the imposition of additional requirements and the underlying public health rationale. The documentation shall be provided to the retail food establishment, and a copy maintained in the regulatory authority's file for the retail food establishment. (Indiana Department of Health; 410 IAC 7-26-482; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA)

410 IAC 7-26-483 410 IAC 7-26-483 Variances

410 IAC 7-26-483 Variances

Authority: IC 16-42-5-5

Affected: IC 16-19-3-4.3; IC 16-42-5-5.2

Sec. 483. (a) The owner or operator of a retail food establishment may request a variance from this rule as specified in IC 16-19-3-4.3 and IC 16-42-5-5.2.

(b) The owner or other authorized agent of a retail food establishment that requests a variance of this rule shall complete a variance application provided by the department. The application information must adequately and completely address all areas of concern described in the department's "Policy for Processing Variance Requests".

(c) Beginning the effective date of this rule, a retail food establishment may not commence implementation of a modification to this rule without first obtaining approval from the department.

(d) An owner or operator of a retail food establishment with an approved variance shall meet the requirements and conditions stated in the variance.

(e) For purposes of this section, a violation of subsection (c) or (d) is a P item. (Indiana Department of Health; 410 IAC 7-26-483; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA)

410 IAC 7-26-484 410 IAC 7-26-484 Conformance with approved procedures

410 IAC 7-26-484 Conformance with approved procedures

Authority: IC 16-42-5-5

Affected: IC 16-42-5

Sec. 484. (a) If the department grants a variance as specified in section 483 of this rule, or a HACCP plan is otherwise required as specified under section 485 of this rule, the owner or other authorized agent of the retail food establishment shall:

(1) maintain the approved variance at the retail food establishment;

(2) comply with the HACCP plans and procedures submitted as specified under section 486 of this rule and approved as a basis for the modification or waiver; and

(3) maintain and provide to the regulatory authority or department, upon request, records specified under section 486(a)(4) and 486(a)(5)(C) of this rule that demonstrate the following are routinely employed:

(A) Procedures for monitoring the critical control points.

(B) Monitoring of the critical control points.

(C) Verification of the effectiveness of the operation or process.

(D) Necessary corrective actions if there is failure at a critical control point.

(b) For purposes of this section, a violation of subsection (a)(2) is a P item.

(c) For purposes of this section, a violation of subsection (a)(1) or (a)(3) is a PF item. (Indiana Department of Health; 410 IAC 7-26-484; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA)

410 IAC 7-26-485 410 IAC 7-26-485 When a HACCP plan is required

410 IAC 7-26-485 When a HACCP plan is required

Authority: IC 16-42-5-5

Affected: IC 16-42-5

Sec. 485. (a) Before engaging in an activity that requires a HACCP plan, the owner or other authorized agent of a retail food establishment shall submit a properly prepared HACCP plan as specified under section 486 of this rule to the regulatory authority or the department for approval if:

(1) submission of a HACCP plan is required according to this rule;

(2) a variance is required as specified under sections 198(d)(8)(B) [sic] , 217, and 258(b) of this rule; or

(3) the regulatory authority or the department determines that a food preparation or processing method requires a variance based on a plan submittal specified under section 481 of this rule, an inspectional finding, or a variance request.

(b) Before engaging in reduced oxygen packaging without a variance as specified under section 218 of this rule, an owner or operator of a retail food establishment shall submit a HACCP plan containing the information in section 486 of this rule to the regulatory authority.

(c) For purposes of this section, a violation of subsection (a) or (b) is a core item. (Indiana Department of Health; 410 IAC 7-26-485; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA)

410 IAC 7-26-486 410 IAC 7-26-486 Contents of a HACCP plan

410 IAC 7-26-486 Contents of a HACCP plan

Authority: IC 16-42-5-5

Affected: IC 16-42-5

Sec. 486. (a) For a retail food establishment required under section 485 of this rule to have a HACCP plan, the owner or other authorized agent of a retail food establishment shall submit to the regulatory authority or the department a properly prepared HACCP plan that includes:

(1) general information, such as the name of the retail food establishment owner, the retail food establishment address, and contact information;

(2) a categorization of the types of TCS foods to be controlled under the HACCP plan;

(3) a flow diagram or chart for each specific food or category type that identifies:

(A) each step in the process; and

(B) the steps that are critical control points;

(4) the ingredients, recipes or formulations, materials, and equipment used in the preparation of each specific food or category type, and methods and procedural control measures that address the food safety concerns involved;

(5) a critical control points summary for each specific food or category type that clearly identifies:

(A) each critical control point;

(B) the significant hazards for each critical control point;

(C) the critical limits for each critical control point;

(D) the method and frequency for monitoring and controlling each critical control point by the designated food employee or person in charge;

(E) action to be taken by the designated food employee or person in charge if the critical limits for each critical control point are not met;

(F) the method and frequency for the person in charge to routinely verify that the food employee is following standard operating procedures and monitoring critical control points; and

(G) records to be maintained by the person in charge to demonstrate that the HACCP plan is properly operated and managed;

(6) supporting documents, such as:

(A) a food employee and supervisory training plan that addresses the food safety issues of concern;

(B) copies of blank record forms necessary to implement the HACCP plan; and

(C) additional scientific data or other information, as required by the regulatory authority, supporting the determination that food safety is not compromised by the proposal; and

(7) any other information required by the regulatory authority or the department.

(b) For purposes of this section, a violation of subsection (a)(2) through (a)(7) is PF item.

(c) For purposes of this section, a violation of subsection (a)(1) is a core item. (Indiana Department of Health; 410 IAC 7-26-486; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA)

410 IAC 7-26-487 410 IAC 7-26-487 Confidentiality of trade secrets

410 IAC 7-26-487 Confidentiality of trade secrets

Authority: IC 16-42-5-5

Affected: IC 5-14-3; IC 16-42-5; IC 24-2-3

Sec. 487. The regulatory authority shall treat as confidential in accordance with IC 24-2-3 and IC 5-14-3:

(1) the information contained in plans and specifications listed in sections 481 and 486 of this rule;

(2) a HACCP plan;

(3) the information contained on inspection forms or electronic reports that meet the criteria of a trade secret; or

(4) information on material submitted for a variance request identified as proprietary or confidential.

(Indiana Department of Health; 410 IAC 7-26-487; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA)

410 IAC 7-26-488 410 IAC 7-26-488 Mobile retail food establishments

410 IAC 7-26-488 Mobile retail food establishments

Authority: IC 16-42-5-5

Affected: IC 5-14-3; IC 24-2-3

Sec. 488. (a) A mobile retail food establishment shall comply with the applicable requirements of this rule, except as follows:

(1) Unless approved in writing by the regulatory authority for another servicing interval, a mobile retail food establishment shall physically return to a servicing area or commissary at least once daily for any support activities.

(2) A mobile retail food establishment shall inquire of each regulatory authority regarding the need for plans and specifications under section 480 of this rule when the mobile unit is new or previously has not been operated within the jurisdiction of that regulatory authority.

(3) A mobile retail food establishment shall provide convenient access to a restroom for employees of the unit.

(4) A mobile retail food establishment serving packaged manufactured non-TCS foods, or beverages that are non-TCS and are dispensed from covered urns or other protected equipment, need not comply with this rule pertaining to the following:

(A) The necessity of water and sewage systems.

(B) The cleaning and sanitizing of equipment and utensils if the required equipment for cleaning and sanitizing exists at the commissary.

(C) Operations dependent on a servicing area.

(5) A mobile retail food establishment shall provide only single-service articles for use by the consumer.

(6) A mobile retail food establishment requiring a water system shall have a potable water system under pressure. The system must be of sufficient capacity to furnish enough hot and cold water for food preparation, utensil cleaning and sanitizing, and handwashing, as specified in this rule.

(7) If liquid waste results from the operation of a mobile retail food establishment, a mobile retail food establishment shall store the waste in a permanently installed retention tank that is of at least fifteen percent (15%) larger capacity than the water supply tank.

(8) A mobile retail food establishment may not discharge liquid waste from their retention tank when the mobile retail food establishment is in motion.

(b) For purposes of this section, a violation of subsection (a)(8) is a Pitem.

(c) For purposes of this section, a violation of subsection (a)(2), (a)(3), or (a)(6) is a PF item.

(d) For purposes of this section, a violation of subsection (a)(1), (a)(5), or (a)(7) is a core item. (Indiana Department of Health; 410 IAC 7-26-488; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA)

410 IAC 7-26-489 410 IAC 7-26-489 Outdoor food operations

410 IAC 7-26-489 Outdoor food operations

Authority: IC 16-42-5-5

Affected: IC 16-42-5

Sec. 489. (a) Outdoor food operations, before production, shall:

(1) have the establishment approved from the regulatory authority under sections 480 and 481 of this rule; and

(2) meet the requirements of the Indiana department of homeland security, fire and building safety and services, and the requirements of applicable city or county fire, building, water, wastewater, zoning, or planning departments.

(b) Outdoor food operations shall meet the applicable requirements of this rule as follows:

(1) Outdoor food operations that include open food or have outdoor food preparation may not be conducted in inclement weather and when conditions, such as the following, cannot be adequately mitigated:

(A) Precipitation that causes dripping water.

(B) Dust or other airborne debris.

(C) An uncontrollable presence of pests.

(2) A retail food establishment with an outdoor food operation shall provide protective and secure conditions for:

(A) food;

(B) food equipment, including all food contact surfaces;

(C) utensils; and

(D) single-service and single-use articles;

equivalent to the conditions provided as if the operation was conducted indoors.

(3) Except when food is fully contained within food equipment, food of an outdoor food operation must be attended continuously by a food employee while being:

(A) prepared;

(B) held for service;

(C) displayed for service; or

(D) served to consumers.

(4) Food must be protected against intentional and unintentional contamination, and discarded if it is contaminated.

(5) Contaminated food equipment, utensils, or any food contact surface used by an outdoor food operation, including single-use and single-service articles, must be discarded or washed and sanitized.

(6) Food employees shall have unobstructed access to a handwashing sink and restroom at all times.

(7) Wastewater from an outdoor food operation may not be disposed on the ground or in a way that creates a public health hazard or nuisance.

(8) Food, utensils, single-service and single-use articles, and food contact surfaces of equipment may not be stored exposed to the outdoors environment overnight or while not in use.

(9) Outdoor food operation equipment must be maintained as follows:

(A) Stored clean.

(B) Properly maintained and repaired.

(C) Secured from unauthorized access while not in use.

(10) Fans and other equipment used in outdoor food operations must be used in a way that does not contaminate food, food contact surfaces, utensils, and single-service and single-use articles.

(11) Motor vehicles may not be driven through or near the food preparation or display area of an outdoor food operation.

(c) Retail food establishments with outdoor food operations that were approved before the effective date of this rule under a variance from the department may continue to operate according to the terms of that variance when the variance specifies requirements that are different from this section.

(d) For purposes of this section, a violation of subsection (a) is a core item.

(e) For purposes of this section, a violation subsection (b) is a P item. (Indiana Department of Health; 410 IAC 7-26-489; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA)

410 IAC 7-26-490 410 IAC 7-26-490 Imminent health hazard ending operations; reporting and resumption of operations

410 IAC 7-26-490 Imminent health hazard ending operations; reporting and resumption of operations

Authority: IC 16-42-5-5

Affected: IC 16-42-5

Sec. 490. (a) Except as specified in subsection (b), the owner or operator of a retail food establishment shall immediately discontinue operations and notify the regulatory authority if an imminent health hazard may exist because of an emergency, such as:

(1) fire;

(2) flood;

(3) an extended interruption of electrical or water service;

(4) a sewage backup;

(5) a misuse of poisonous or toxic materials;

(6) an onset of an apparent foodborne illness outbreak;

(7) a gross insanitary occurrence or condition; or

(8) any other circumstance that may endanger public health.

(b) A retail food establishment need not discontinue operations in an area of an establishment unaffected by the imminent health hazard.

(c) If operations are discontinued as specified under this section or otherwise according to law, the retail food establishment shall obtain approval from the regulatory authority before resuming operations.

(d) For purposes of this section, a violation of subsection (a) is a P item.

(e) For purposes of this section, a violation of subsection (b) or (c) is a core item. (Indiana Department of Health; 410 IAC 7-26-490; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA)

410 IAC 7-26-491 410 IAC 7-26-491 Obtaining information: personal history of illness; medical examination; specimen analysis

410 IAC 7-26-491 Obtaining information: personal history of illness; medical examination; specimen analysis

Authority: IC 16-42-5-5

Affected: IC 16-42-5

Sec. 491. (a) The regulatory authority shall act when it has reasonable cause to believe that a food employee or conditional employee:

(1) has a possibly transmitted disease;

(2) may be infected with a disease in a communicable form that is transmissible through food;

(3) may be a carrier of infectious agents that cause a disease that is transmissible through food; or

(4) is affected with:

(A) a boil;

(B) an infected wound; or

(C) an acute respiratory infection.

(b) The regulatory authority shall act by:

(1) securing a confidential medical history of the food employee or conditional employee suspected of transmitting disease or making other investigations as deemed appropriate; and

(2) requiring appropriate medical examinations, including collection of specimens for laboratory analysis of a suspected food employee or conditional employee.

(Indiana Department of Health; 410 IAC 7-26-491; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA)

410 IAC 7-26-492 410 IAC 7-26-492 Regulatory authority restriction or exclusion of food employee

410 IAC 7-26-492 Regulatory authority restriction or exclusion of food employee

Authority: IC 16-42-5-5

Affected: IC 16-42-5

Sec. 492. Based on the findings of an investigation related to a food employee or conditional employee who is suspected of being infected or diseased, the regulatory authority may issue an order to the suspected or conditional employee or the retail food establishment owner instituting at least one (1) of the following control measures:

(1) Restricting the food employee or conditional employee's activities to specific areas and tasks in the establishment that present no risk of transmitting the disease.

(2) Excluding the food employee or conditional employee from a retail food establishment.

(3) Closing the retail food establishment in accordance with law.

(Indiana Department of Health; 410 IAC 7-26-492; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA)

410 IAC 7-26-493 410 IAC 7-26-493 Restriction or exclusion order

410 IAC 7-26-493 Restriction or exclusion order

Authority: IC 16-42-5-5

Affected: IC 4-21.5-3-7; IC 16-42-5

Sec. 493. Based on the findings of the investigation as specified in section 491 of this rule and to control disease transmission, the regulatory authority may issue an order of restriction or exclusion to a suspected food employee or the owner or operator of the retail food establishment without prior warning, or a hearing if the order states the following:

(1) The reasons for the restriction or exclusion that is ordered.

(2) The evidence the food employee or owner or operator of the retail food establishment shall provide in order to demonstrate that the reasons for the restriction or exclusion are eliminated.

(3) That the suspected food employee or the permit holder may request an appeal hearing by submitting a timely request as provided in law.

(4) The name and address of the regulatory authority representative to whom a request for an appeal hearing may be made, pursuant to IC 4-21.5-3-7.

(Indiana Department of Health; 410 IAC 7-26-493; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA)

410 IAC 7-26-494 410 IAC 7-26-494 Removal of exclusions or restrictions for imminent health hazards

410 IAC 7-26-494 Removal of exclusions or restrictions for imminent health hazards

Authority: IC 16-42-5-5

Affected: IC 16-42-5

Sec. 494. The regulatory authority shall release a food employee or conditional employee from restriction or exclusion according to law and the conditions specified under section 139 of this rule. (Indiana Department of Health; 410 IAC 7-26-494; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA)

410 IAC 7-26-495 410 IAC 7-26-495 Incorporation by reference

410 IAC 7-26-495 Incorporation by reference

Authority: IC 16-42-5-5

Affected: IC 16-42-5

Sec. 495. (a) When used in this article, references to the following publications shall mean the version of that publication listed below. The following publications are hereby incorporated by reference:

(1) 9 CFR 317 (December 14, 2023, Edition).

(2) 9 CFR 319 (December 14, 2023, Edition).

(3) 9 CFR 381 (December 14, 2023, Edition).

(4) 9 CFR 424.21 (December 14, 2023, Edition).

(5) 21 CFR 70.3. (January 22, 2024, Edition).

(6) 21 CFR 101 (January 22, 2024, Edition).

(7) 21 CFR 113 (January 22, 2024, Edition).

(8) 21 CFR 114 (January 22, 2024, Edition).

(9) 21 CFR 120 (January 22, 2024, Edition).

(10) 21 CFR 129 (January 22, 2024, Edition).

(11) 21 CFR 130 (January 22, 2024, Edition).

(12) 21 CFR 131-169 (January 22, 2024, Edition).

(13) 21 CFR 170.3 (January 22, 2024, Edition).

(14) 21 CFR 178 (January 22, 2024, Edition).

(15) 21 CFR 1030.10 (January 22, 2024, Edition).

(16) 40 CFR 152 (January 29, 2024, Edition).

(17) 40 CFR 156 (January 29, 2024, Edition).

(18) 40 CFR 180 (January 29, 2024, Edition).

(19) 21 U.S.C. 9 et seq.

(20) United States Standards, Grades, and Weight classes for Shell Eggs (AMS 56.200 et seq.) (Effective July 20, 2000). Copies are available from the United States Department of Agriculture, Agricultural Marketing Service, Poultry Programs, USDA, AMS, Poultry Programs STOP 0259, Room 3944-South 1400 Independence Avenue, SW Washington, DC 20250-0259.

(21) National Shellfish Sanitation Program Guide for the Control of Molluscan Shellfish (2019 Revision). Copies are available from the United States Food and Drug Administration, Center for Food Safety and Applied Nutrition, Shellfish Sanitation Program, https://www.fda.gov/food/federalstate-food-programs/national-shellfish-sanitation-program-nssp.

(22) NSF/ANSI 18-2023-Manual Food and Beverage Dispensing Equipment.

(23) FDA publication Approved Drug Products with Therapeutic Equivalence Evaluations (44th Edition).

(24) Over-the-Counter (OTC) Monograph M003: First Aid Antiseptic Drug Products for Over-the-Counter Human Use (May 2, 2023).

(b) Federal rules that have been incorporated by reference do not include any later amendments than those specified in the incorporated citation. Sales of the Code of Federal Regulations are handled exclusively by the Superintendent of Documents, https://bookstore.gpo.gov/CFR. (Indiana Department of Health; 410 IAC 7-26-495; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA)