410 IAC 7-26-105 "Retail food establishment" defined

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.