New law regarding food handling in place
Wanda English Burnett - Editor

A law that went into effect January 1, has left some food handlers with questions. The new law IC 16-42-5.2, adopted by the Indiana legislature makes it mandatory for at least one person per food establishment to have certification.

While there are many questions and probably some adjustments to be made to the initial law enacted, right now the bottom line is this - if you are serving food, you need to have at least one person certified through the state program. The certification means they will learn the proper process for handling food to avoid any type of illnesses caused by improper food preparation and will have taken a test and have certification papers to show. This includes temporary and mobile food establishments.

There are few exemptions to the rule and churches and festivals do not fall within the exempt guidelines. According to Pat Thomas of the Ripley County Health Department, there is legislation pending to have the law amended. "I don't feel non-profit groups should have to pay for the certification," she noted. She does however feel the certification is a good thing. "It's just better to have the training than to have a lot of sick people and perhaps a lawsuit," she commented.

Training sessions were enacted and throughout last year many food establishments and places that will be selling food at festivals this year have already complied.

There is another training set for Ripley County and it will begin January 12, and conclude on January 19, according to Traci Bauman, Chief Food Specialist with the Ripley County Health Department. The training will take place at the Tyson Apartments in Versailles, with check-in on Jan. 12, from 8:30 to 9:00 a.m. The training that day will conclude at 4:00 p.m. Then on Jan. 19, the session will be from 8:30 a.m. until noon with the test administered at 1:00 p.m. This training will be provided by ServSafe and adheres to the American National Standards Institute (ANSI) programs and examinations.

The Food Handler Certification requirement was researched by a task force consisting of representatives from the food industry, academia, state and local health departments. This task force focused on the specific areas of food safety knowledge that are "universally accepted" by regulators the food industry, and most importantly are the "essential components in the prevention of foodborne disease."

Do churches have to prepare food on the premises to sell for a benefit dinner?

· The answer to this according to Bauman is no, but they do have to provide a list of people preparing the food and someone has to be a certified food handler for the organization. This rule does not apply to pitch-in meals.

What is a "food handler" and how do I become one?

· The law reads that a food handler is an individual who is an owner, an operator, a manager, or an employee of a food establishment who is responsible for or oversees the storage, preparation, display, or serving of food to the public.

To be considered a certified food handler, you much pass an accredited examination given by an accredited testing service, such as the one that will be offered in Ripley County on January 12. Then you will need to provide your name and certification document and photo ID card at the food establishment for the certified food handler. The certification is good for five years.

Is the "person-in-charge" and the "food handler" the same person?

The answer to this is no. The "person-in-charge" defined by law is the person at the food establishment who is responsible for the food operation at the time of the inspection. Food establishments are required to have a "person-in-charge at all times. The "certified food handler" does not have to be on-site at all times.

Can the same person be employed by more than one food establishment?

· The answer to this is no. You can not be the certified food handler for say the local fire department as well as a restaurant.

What defines a food establishment?

According to information in the law itself, a food establishment means any building, room, basement, vehicle of transportation, cellar, or open or enclosed area occupied or used for handling food.

There is much more information concerning the new law. More questions can be answered by attending a certification session or by going on-line to www.indianarestaurants.org.

Who is exempt?

· Some examples of exempt establishments include hospitals (licensed under IC16-21), health facilities (licensed under IC 16-28) , community mental health facilities, assisted living facilities, nursing homes and continuing care facilities.

What foods are exempt?

· Precooked hotdogs and sausage products

· Popcorn or Kettle Corn

· Nachos (with cheese)

· Hot Pretzels (alone)

· Frozen Pizza (precooked)

· "Slushies" as they are considered beverages

· Drinks/beverages (whether bottled or open)

· Continental breakfast items

· Heating products

But, there's a fine line between exempt foods and non-exempt food items. For example nachos with cheese are exempt, but nachos with chili sauce are not exempt.

Who will be checking on food establishments and what happens if they don't comply?

· Local health departments will be checking for certification documents and the law provides that penalties can include a fine of $100 per day per violation. The fines would be levied against the legal owner of the facility.

The law, which was enacted in 2001, has made provisions for food establishments to comply and leaves room for those just opening a new establishment or a place changing ownership to come under compliance.

For more information on the upcoming session to certify food handlers you can contact Bauman at the Ripley County Health Department at 812-689-5751.