410 Ind. Admin. Code 7-24-79

Current through October 23, 2024
Section 410 IAC 7-24-79 - "Retail food establishment" defined

Authority: IC 16-42-5-5

Affected: IC 12-10-15; IC 12-13-5; IC 16-18-2; IC 16-21-2; IC 16-25-11; IC 16-41-31

Sec. 79.

(a) "Retail food establishment" means an operation as follows that:
(1) Stores, prepares, packages, serves, vends, or otherwise provides food for human consumption, such as the following:
(A) A restaurant.
(B) A satellite or catered feeding location.
(C) A catering operation if the operation provides food directly to a consumer or to a conveyance used to transport people.
(D) A market.
(E) A grocery store.
(F) A convenience store.
(G) A vending location.
(H) A conveyance used to transport people.
(I) An institution.
(J) A food bank.
(K) A commissary.
(L) A cottage industry.
(M) A hospice facility as defined in IC 16-25-11.
(N) A health care facility as defined in IC 16-21-2.
(O) A health facility as defined in IC 16-18-2.
(P) A child care facility as defined in IC 12-13-5, such as the following:
(i) Licensed child care centers licensed under 470 IAC 3-4.7.
(ii) Licensed child care institutions licensed under 470 IAC 3-11, 470 IAC 3-12, and 470 IAC 3-13.
(iii) Registered child care ministries registered under 470 IAC 3-4.5.
(Q) An assisted living facility as defined in IC 12-10-15.
(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 that is provided by common carriers.
(b) The term includes the following:
(1) An element of the operation, such as a transportation vehicle or a central preparation facility that supplies a vending location or satellite feeding location unless the vending or feeding location is permitted by the regulatory authority.
(2) An operation that is conducted in a:
(A) mobile;
(B) stationary;
(C) temporary; or
(D) permanent;

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 potentially hazardous.
(2) A produce stand that offers only whole, uncut fresh fruits and vegetables.
(3) A food processing plant operated under IC 16-42-5.
(4) A private home where food is prepared by a member of an organization that is operating under IC 16-42-5-4 [IC 16-42-5-4 was repealed by P.L. 100-2007, SECTION 2, effective July 1, 2007.].
(5) An area where food that is prepared as specified in subdivision (4) is sold or offered for human consumption.
(6) A bed and breakfast establishment as defined and regulated under IC 16-41-31 and 410 IAC 7-15.5.
(7) A private home that receives catered or home-delivered food.
(8) A private home.

410 IAC 7-24-79

Indiana State Department of Health; 410 IAC 7-24-79; filed Oct 13, 2004, 12:30 p.m.: 28 IR 832; readopted filed Jul 15, 2010, 12:12 p.m.: 20100728-IR-410100261RFA
Readopted filed 11/10/2016, 8:45 a.m.: 20161207-IR-410160371RFA
Readopted filed 9/15/2022, 10:01 a.m.: 20221012-IR-410220206RFA