Indiana 2024 Regular Session

Indiana House Bill HB1258 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
	1	+	EH1258.2
	2	+	Reprinted
	3	+	February 28, 2024
	4	+	ENGROSSED
	5	+	HOUSE BILL No. 1258
	6	+	_____
	7	+	DIGEST OF HB 1258 (Updated February 27, 2024 3:37 pm - DI 147)
	8	+	Citations Affected: IC 16-18; IC 16-42.
	9	+	Synopsis: Mobile retail food establishments. Requires a local health
	10	+	department to: (1) issue a mobile retail food establishment permit and
	11	+	inspect a mobile retail food establishment in accordance with
	12	+	administrative rules adopted by the Indiana department of health (state
	13	+	department); and (2) establish an annual permit fee not to exceed $200.
	14	+	Requires a local health department, not later than January 1, 2025, to
	15	+	begin: (1) receiving applications for mobile retail food establishments;
	16	+	(2) collecting annual permit fees; (3) issuing mobile retail food
	17	+	establishment permits; and (4) conducting inspections of mobile retail
	18	+	food establishments. Provides that, beginning January 1, 2025, a person
	19	+	may not operate a mobile retail food establishment within the
	20	+	jurisdiction of a local health department unless the person obtains a
	21	+	permit from the local health department. Provides that a local health
	22	+	department may not adopt standards concerning mobile retail food
	23	+	establishments that are more stringent than the rules adopted by the
	24	+	state department.
	25	+	Effective: July 1, 2024.
	26	+	King, Sweet, Barrett
	27	+	(SENATE SPONSORS — JOHNSON T, CHARBONNEAU, DONATO,
	28	+	FORD J.D., RANDOLPH LONNIE M)
	29	+	January 9, 2024, read first time and referred to Committee on Public Health.
	30	+	January 30, 2024, amended, reported — Do Pass.
	31	+	February 1, 2024, read second time, ordered engrossed. Engrossed.
	32	+	February 5, 2024, read third time, passed. Yeas 74, nays 22.
	33	+	SENATE ACTION
	34	+	February 12, 2024, read first time and referred to Committee on Health and Provider
	35	+	Services.
	36	+	February 22, 2024, reported favorably — Do Pass.
	37	+	February 27, 2024, read second time, amended, ordered engrossed.
	38	+	EH 1258—LS 6853/DI 147 Reprinted
	39	+	February 28, 2024
1	40		Second Regular Session of the 123rd General Assembly (2024)
2	41		PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
3	42		Constitution) is being amended, the text of the existing provision will appear in this style type,
4	43		additions will appear in this style type, and deletions will appear in this style type.
5	44		Additions: Whenever a new statutory provision is being enacted (or a new constitutional
6	45		provision adopted), the text of the new provision will appear in this style type. Also, the
7	46		word NEW will appear in that style type in the introductory clause of each SECTION that adds
8	47		a new provision to the Indiana Code or the Indiana Constitution.
9	48		Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
10	49		between statutes enacted by the 2023 Regular Session of the General Assembly.
11		-	HOUSE ENROLLED ACT No. 1258
12		-	AN ACT to amend the Indiana Code concerning health.
	50	+	ENGROSSED
	51	+	HOUSE BILL No. 1258
	52	+	A BILL FOR AN ACT to amend the Indiana Code concerning
	53	+	health.
13	54		Be it enacted by the General Assembly of the State of Indiana:
14		-	SECTION 1. IC 16-18-2-211, AS AMENDED BY P.L.208-2015,
15		-	SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
16		-	JULY 1, 2024]: Sec. 211. (a) "Local health department", except as
17		-	provided in subsection (b), subsections (b) and (c), means a
18		-	department organized by a county or city executive with a board, a
19		-	health officer, and an operational staff to provide health services to a
20		-	county, city, or multiple county unit.
21		-	(b) "Local health department", for purposes of IC 16-41-7.5, has the
22		-	meaning set forth in IC 16-41-7.5-1.
23		-	(c) "Local health department", for purposes of IC 16-42-5.1, has
24		-	the meaning set forth in IC 16-42-5.1-1.
25		-	SECTION 2. IC 16-18-2-239.3 IS ADDED TO THE INDIANA
26		-	CODE AS A NEW SECTION TO READ AS FOLLOWS
27		-	[EFFECTIVE JULY 1, 2024]: Sec. 239.3. "Mobile retail food
28		-	establishment", for purposes of IC 16-42-5.1, has the meaning set
29		-	forth in IC 16-42-5.1-2.
30		-	SECTION 3. IC 16-18-2-239.4 IS ADDED TO THE INDIANA
31		-	CODE AS A NEW SECTION TO READ AS FOLLOWS
32		-	[EFFECTIVE JULY 1, 2024]: Sec. 239.4. "Mobile retail food
33		-	establishment permit", for purposes of IC 16-42-5.1, has the
34		-	meaning set forth in IC 16-42-5.1-3.
35		-	SECTION 4. IC 16-18-2-287.8 IS REPEALED [EFFECTIVE JULY
36		-	HEA 1258 — CC 1 2
37		-	1, 2024]. Sec. 287.8. (a) "Potentially hazardous food product", for
38		-	purposes of IC 16-42-5.3, means a food that is natural or synthetic and
39		-	requires temperature control because it is in a form capable of
40		-	supporting any of the following:
41		-	(1) The rapid and progressive growth of infectious or toxigenic
42		-	microorganisms.
43		-	(2) The growth and toxin production of Clostridium botulinum.
44		-	(3) In raw shell eggs, the growth of Salmonella enteritidis.
45		-	(b) The term includes the following:
46		-	(1) A food of animal origin that is raw or heat treated.
47		-	(2) A food of plant origin that is heat treated or consists of raw
48		-	seed sprouts.
49		-	(3) Cut melons.
50		-	(4) Garlic-in-oil mixtures that are not modified in a way that
51		-	results in mixtures that do not support growth described in
52		-	subsection (a).
53		-	SECTION 5. IC 16-18-2-351.7 IS ADDED TO THE INDIANA
54		-	CODE AS A NEW SECTION TO READ AS FOLLOWS
55		-	[EFFECTIVE JULY 1, 2024]: Sec. 351.7. (a) "Time temperature
56		-	control for safety food", for purposes of IC 16-42-5.3, means a food
57		-	that requires time or temperature control to safely limit the:
58		-	(1) growth of pathogenic microorganisms; or
59		-	(2) formation of toxins.
60		-	(b) The term includes the following:
61		-	(1) A food of animal origin that is raw or heat treated.
62		-	(2) A food of plant origin that is heat treated or consists of any
63		-	of the following:
64		-	(A) Raw seed sprouts.
65		-	(B) Cut melons.
66		-	(C) Cut leafy greens.
67		-	(D) Cut tomatoes or mixtures of cut tomatoes that are not
68		-	modified in a way that results in mixtures that do not
69		-	support the growth or formation described in subsection
70		-	(a).
71		-	(E) Garlic-in-oil mixtures that are not modified in a way
72		-	that results in mixtures that do not support the growth or
73		-	formation described in subsection (a).
74		-	(3) Except as specified in subsection (c)(4) and (c)(5), a food
75		-	that involves an interaction of pH and Aw for control of
76		-	spores in food that is heat treated to destroy vegetative cells
77		-	and subsequently packaged that results in:
78		-	(A) an Aw value greater than 0.92 but less than or equal to
79		-	HEA 1258 — CC 1 3
80		-	0.95 and a pH value greater than 5.6; or
81		-	(B) an Aw value greater than 0.95 and a pH value greater
82		-	than 4.6.
83		-	(4) Except as specified in subsection (c)(4) and (c)(5), a food
84		-	that involves an interaction of pH and Aw for control of
85		-	vegetative cells and spores in food that is not heat treated, or
86		-	is heat treated but not packaged, and that results in:
87		-	(A) an Aw value greater than or equal to 0.88 but less than
88		-	or equal to 0.90 and a pH value greater than 5.0;
89		-	(B) an Aw value greater than 0.90 but less than or equal to
90		-	0.92 and a pH value greater than 4.6; or
91		-	(C) an Aw value greater than 0.92 and a pH value greater
92		-	than or equal to 4.2.
93		-	(c) The term does not include the following:
94		-	(1) An air-cooled hard-boiled egg with shell intact.
95		-	(2) An egg with shell intact that:
96		-	(A) is not hard-boiled; and
97		-	(B) has been pasteurized to destroy all viable salmonellae.
98		-	(3) A food in an unopened hermetically sealed container that
99		-	is commercially processed to achieve and maintain
100		-	commercial sterility under conditions of nonrefrigerated
101		-	storage and distribution.
102		-	(4) Except as specified in subsection (b)(1) or (b)(2), a food
103		-	that does not meet the requirements described in subsection
104		-	(b)(3) or (b)(4) due to the:
105		-	(A) pH or Aw value; or
106		-	(B) interaction of Aw and pH values;
107		-	of the food.
108		-	(5) A food that meets the requirements of subsection (b)(3) or
109		-	(b)(4) and has undergone a product assessment showing that
110		-	the growth or toxin formation of pathogenic microorganisms
111		-	that are reasonably likely to occur in the food is precluded
112		-	due to:
113		-	(A) intrinsic factors, including added or natural
114		-	characteristics of the food (such as preservatives,
115		-	antimicrobials, humectants, acidulants, or nutrients);
116		-	(B) extrinsic factors, including environmental or
117		-	operational factors that affect the food (such as
118		-	packaging), modified atmosphere (such as reduced oxygen
119		-	packaging), shelf life and use, or temperature range of
120		-	storage and use; or
121		-	(C) any combination of intrinsic and extrinsic factors
122		-	HEA 1258 — CC 1 4
123		-	described in clause (A) or (B).
124		-	(6) A food that does not support the growth or toxin
125		-	formation of pathogenic microorganisms in accordance with
126		-	subdivisions (1) through (4) even though the food may contain
127		-	a pathogenic microorganism or chemical or physical
128		-	contaminant at a level sufficient to cause illness or injury.
129		-	SECTION 6. IC 16-18-2-371.5 IS ADDED TO THE INDIANA
130		-	CODE AS A NEW SECTION TO READ AS FOLLOWS
131		-	[EFFECTIVE JULY 1, 2024]: Sec. 371.5. "Water activity" or "Aw"
132		-	refers to the:
133		-	(1) measure of the free moisture in a food; and
134		-	(2) quotient of the water vapor pressure of a substance
135		-	divided by the vapor pressure of pure water at the same
136		-	temperature.
137		-	SECTION 7. IC 16-42-5.1 IS ADDED TO THE INDIANA CODE
138		-	AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE
139		-	JULY 1, 2024]:
140		-	Chapter 5.1. Mobile Retail Food Establishments
141		-	Sec. 1. As used in this chapter, "local health department" refers
142		-	to:
143		-	(1) a local health department established under IC 16-20; or
144		-	(2) the health and hospital corporation created under
145		-	IC 16-22-8.
146		-	Sec. 2. (a) As used in this chapter, "mobile retail food
147		-	establishment" means a retail food establishment that is readily
148		-	moveable.
149		-	(b) The term includes a retail food establishment that:
150		-	(1) has wheels;
151		-	(2) is on skids;
152		-	(3) is mounted on a vehicle; or
153		-	(4) is a marine vessel.
154		-	Sec. 3. As used in this chapter, "mobile retail food establishment
155		-	permit" refers to a permit issued by a local health department for
156		-	the operation of a mobile retail food establishment.
157		-	Sec. 4. (a) A local health department shall:
	55	+	1 SECTION 1. IC 16-18-2-211, AS AMENDED BY P.L.208-2015,
	56	+	2 SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
	57	+	3 JULY 1, 2024]: Sec. 211. (a) "Local health department", except as
	58	+	4 provided in subsection (b), subsections (b) and (c), means a
	59	+	5 department organized by a county or city executive with a board, a
	60	+	6 health officer, and an operational staff to provide health services to a
	61	+	7 county, city, or multiple county unit.
	62	+	8 (b) "Local health department", for purposes of IC 16-41-7.5, has the
	63	+	9 meaning set forth in IC 16-41-7.5-1.
	64	+	10 (c) "Local health department", for purposes of IC 16-42-5.1, has
	65	+	11 the meaning set forth in IC 16-42-5.1-1.
	66	+	12 SECTION 2. IC 16-18-2-239.3 IS ADDED TO THE INDIANA
	67	+	13 CODE AS A NEW SECTION TO READ AS FOLLOWS
	68	+	14 [EFFECTIVE JULY 1, 2024]: Sec. 239.3. "Mobile retail food
	69	+	15 establishment", for purposes of IC 16-42-5.1, has the meaning set
	70	+	16 forth in IC 16-42-5.1-2.
	71	+	17 SECTION 3. IC 16-18-2-239.4 IS ADDED TO THE INDIANA
	72	+	EH 1258—LS 6853/DI 147 2
	73	+	1 CODE AS A NEW SECTION TO READ AS FOLLOWS
	74	+	2 [EFFECTIVE JULY 1, 2024]: Sec. 239.4. "Mobile retail food
	75	+	3 establishment permit", for purposes of IC 16-42-5.1, has the
	76	+	4 meaning set forth in IC 16-42-5.1-3.
	77	+	5 SECTION 4. IC 16-42-5.1 IS ADDED TO THE INDIANA CODE
	78	+	6 AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE
	79	+	7 JULY 1, 2024]:
	80	+	8 Chapter 5.1. Mobile Retail Food Establishments
	81	+	9 Sec. 1. As used in this chapter, "local health department" refers
	82	+	10 to:
	83	+	11 (1) a local health department established under IC 16-20; or
	84	+	12 (2) the health and hospital corporation created under
	85	+	13 IC 16-22-8.
	86	+	14 Sec. 2. (a) As used in this chapter, "mobile retail food
	87	+	15 establishment" means a retail food establishment that is readily
	88	+	16 moveable.
	89	+	17 (b) The term includes a retail food establishment that:
	90	+	18 (1) has wheels;
	91	+	19 (2) is on skids;
	92	+	20 (3) is mounted on a vehicle; or
	93	+	21 (4) is a marine vessel.
	94	+	22 Sec. 3. As used in this chapter, "mobile retail food establishment
	95	+	23 permit" refers to a permit issued by a local health department for
	96	+	24 the operation of a mobile retail food establishment.
	97	+	25 Sec. 4. (a) A local health department shall:
	98	+	26 (1) issue a mobile retail food establishment permit; and
	99	+	27 (2) inspect a mobile retail food establishment;
	100	+	28 in accordance with rules adopted by the state department under
	101	+	29 IC 4-22-2.
	102	+	30 (b) A local health department shall establish an annual fee:
	103	+	31 (1) to be paid with each application for the issuance or
	104	+	32 renewal of a mobile retail food establishment permit; and
	105	+	33 (2) that does not exceed two hundred dollars ($200).
	106	+	34 Sec. 5. (a) Not later than January 1, 2025, a local health
	107	+	35 department shall begin:
	108	+	36 (1) receiving applications for mobile retail food establishment
	109	+	37 permits;
	110	+	38 (2) collecting annual permit fees;
	111	+	39 (3) issuing a mobile retail food establishment permit; and
	112	+	40 (4) conducting inspections of mobile retail food
	113	+	41 establishments.
	114	+	42 (b) Beginning January 1, 2025, a person may not operate a
	115	+	EH 1258—LS 6853/DI 147 3
	116	+	1 mobile retail food establishment within the jurisdiction of a local
	117	+	2 health department unless the person obtains a permit from the
	118	+	3 local health department.
	119	+	4 Sec. 6. A local health department may conduct more than one
	120	+	5 (1) inspection of a mobile retail food establishment.
	121	+	6 Sec. 7. A local health department may not adopt standards
	122	+	7 concerning mobile retail food establishments that are more
	123	+	8 stringent than the rules adopted by the state department under
	124	+	9 IC 4-22-2.
	125	+	10 Sec. 8. A mobile retail food establishment permit issued by a
	126	+	11 local health department under this chapter:
	127	+	12 (1) is in effect for one (1) year;
	128	+	13 (2) may be renewed annually by the owner or operator of a
	129	+	14 mobile retail food establishment that continues to meet the
	130	+	15 standards established by the local health department under
	131	+	16 this chapter; and
	132	+	17 (3) authorizes the owner or operator to operate a mobile retail
	133	+	18 food establishment within the jurisdiction of the local health
	134	+	19 department.
	135	+	EH 1258—LS 6853/DI 147 4
	136	+	COMMITTEE REPORT
	137	+	Mr. Speaker: Your Committee on Public Health, to which was
	138	+	referred House Bill 1258, has had the same under consideration and
	139	+	begs leave to report the same back to the House with the
	140	+	recommendation that said bill be amended as follows:
	141	+	Page 2, delete lines 24 through 42, begin a new paragraph and
	142	+	insert:
	143	+	"Sec. 4. A local health department shall:
158	144		(1) issue a mobile retail food establishment permit; and
159	145		(2) inspect a mobile retail food establishment;
160	146		in accordance with rules adopted by the state department under
161	147		IC 4-22-2.
162		-	(b) A local health department shall establish an annual fee:
	148	+	(b) A local health department shall do the following:
	149	+	(1) Establish an annual fee:
	150	+	(A) to be paid with each application for the issuance or
	151	+	renewal of a mobile retail food establishment permit; and
	152	+	(B) that does not exceed one hundred fifty dollars ($150).
	153	+	(2) Establish an inspection fee:
	154	+	(A) to be paid for each inspection of a mobile retail food
	155	+	establishment; and
	156	+	(B) that does not exceed fifty dollars ($50).".
	157	+	Page 3, delete line 1.
	158	+	Page 3, between lines 22 and 23, begin a new paragraph and insert:
	159	+	"Sec. 7. A local health department may not adopt standards
	160	+	concerning mobile retail food establishments that are more
	161	+	stringent than the rules adopted by the state department under
	162	+	IC 4-22-2.".
	163	+	Page 3, line 23, delete "Sec. 7." and insert "Sec. 8.".
	164	+	and when so amended that said bill do pass.
	165	+	(Reference is to HB 1258 as introduced.)
	166	+	BARRETT
	167	+	Committee Vote: yeas 8, nays 0.
	168	+	EH 1258—LS 6853/DI 147 5
	169	+	COMMITTEE REPORT
	170	+	Madam President: The Senate Committee on Health and Provider
	171	+	Services, to which was referred House Bill No. 1258, has had the same
	172	+	under consideration and begs leave to report the same back to the
	173	+	Senate with the recommendation that said bill DO PASS.
	174	+	(Reference is to HB 1258 as printed January 30, 2024.)
	175	+
	176	+	CHARBONNEAU, Chairperson
	177	+	Committee Vote: Yeas 10, Nays 0
	178	+	_____
	179	+	SENATE MOTION
	180	+	Madam President: I move that Engrossed House Bill 1258 be
	181	+	amended to read as follows:
	182	+	Page 1, line 4, strike "subsection (b)," and insert "subsections (b)
	183	+	and (c),".
	184	+	Page 2, line 24, after "4." insert "(a)".
	185	+	Page 2, delete lines 29 through 37, begin a new paragraph and
	186	+	insert:
	187	+	"(b) A local health department shall establish an annual fee:
163	188		(1) to be paid with each application for the issuance or
164	189		renewal of a mobile retail food establishment permit; and
165		-	HEA 1258 — CC 1 5
166		-	(2) that does not exceed two hundred dollars ($200).
167		-	Sec. 5. (a) Not later than January 1, 2025, a local health
168		-	department shall begin:
169		-	(1) receiving applications for mobile retail food establishment
170		-	permits;
171		-	(2) collecting annual permit fees;
172		-	(3) issuing a mobile retail food establishment permit; and
173		-	(4) conducting inspections of mobile retail food
174		-	establishments.
175		-	(b) Beginning January 1, 2025, a person may not operate a
176		-	mobile retail food establishment within the jurisdiction of a local
177		-	health department unless the person obtains a mobile retail food
178		-	establishment permit from the local health department.
179		-	Sec. 6. A local health department may conduct more than one
180		-	(1) inspection of a mobile retail food establishment.
181		-	Sec. 7. A local health department may not adopt standards
182		-	concerning mobile retail food establishments that are more
183		-	stringent than the rules adopted by the state department under
184		-	IC 4-22-2.
185		-	Sec. 8. A mobile retail food establishment permit issued by a
186		-	local health department under this chapter:
187		-	(1) is in effect for one (1) year;
188		-	(2) may be renewed annually by the owner or operator of a
189		-	mobile retail food establishment that continues to meet the
190		-	standards established by the local health department under
191		-	this chapter; and
192		-	(3) authorizes the owner or operator to operate a mobile retail
193		-	food establishment within the jurisdiction of the local health
194		-	department.
195		-	SECTION 8. IC 16-42-5.3-1, AS ADDED BY P.L.49-2022,
196		-	SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
197		-	JULY 1, 2024]: Sec. 1. (a) As used in this chapter, "end consumer"
198		-	means a person who is the last person to purchase any food product and
199		-	who does not resell the food product.
200		-	(b) As used in this chapter, "roadside stand" means a structure,
201		-	including a tent, stand, vehicle, or trailer that is:
202		-	(1) visible from a road; and
203		-	(2) located not more than one hundred (100) feet from the edge of
204		-	the side of the road;
205		-	where whole uncut produce, food products that are not potentially
206		-	hazardous, time temperature control for safety food, poultry that is
207		-	exempt under IC 15-17-5-11, rabbits, or eggs permitted for sale by the
208		-	HEA 1258 — CC 1 6
209		-	state egg board are sold to an end consumer.
210		-	SECTION 9. IC 16-42-5.3-4, AS ADDED BY P.L.49-2022,
211		-	SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
212		-	JULY 1, 2024]: Sec. 4. A home based vendor shall prepare and sell
213		-	only a food product that is:
214		-	(1) made, grown, or raised by an individual at the individual's
215		-	primary residence, including any permanent structure that is on
216		-	the same property as the residence;
217		-	(2) not a potentially hazardous food product; time temperature
218		-	control for safety food;
219		-	(3) prepared using proper sanitary procedures, including:
220		-	(A) proper hand washing;
221		-	(B) sanitizing the container or other packaging in which the
222		-	food product is contained;
223		-	(C) storing the food product safely;
224		-	(D) producing the food product in a food preparation or
225		-	packaging area in which animals are not present; and
226		-	(E) cleaning and sanitizing of surfaces that have contact with
227		-	the food product;
228		-	(4) not resold;
229		-	(5) sold in person, by telephone, or through the Internet; and
230		-	(6) delivered to the end consumer in person, by mail, or by a third
231		-	party carrier.
232		-	HEA 1258 — CC 1 Speaker of the House of Representatives
233		-	President of the Senate
234		-	President Pro Tempore
235		-	Governor of the State of Indiana
236		-	Date: Time:
237		-	HEA 1258 — CC 1
	190	+	(2) that does not exceed two hundred dollars ($200).".
	191	+	Page 2, line 42, delete "fees and inspection fees;" and insert "fees;".
	192	+	Page 3, line 8, delete "(a)".
	193	+	Page 3, delete lines 10 through 16.
	194	+	(Reference is to EHB 1258 as printed February 23, 2024.)
	195	+	JOHNSON T
	196	+	EH 1258—LS 6853/DI 147