Section 410 IAC 7-24-79 - "Retail food establishment" definedAuthority: 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: (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.(H) A conveyance used to transport people.(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: (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home where food is prepared by a member of an organization that is operating under IC 16-42-5-4 [IC 16-42-5-4 was repealed by P.L. 100-2007, SECTION 2, effective July 1, 2007.].(5) An area where food that is prepared as specified in subdivision (4) is sold or offered for human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.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-410100261RFAReadopted filed 11/10/2016, 8:45 a.m.: 20161207-IR-410160371RFAReadopted filed 9/15/2022, 10:01 a.m.: 20221012-IR-410220206RFA