Nonprofits exempt from food handler law
Wanda English Burnett - Editor

A law that took effect January 1, of this year had many non-profit groups who served food concerned.

A requirement that said food handlers must be certified was passed by the General Assembly in 2001. Food establishments had until January 1, 2005, to employ a certified food handler.

Now, non-profit organizations such as churches are exempt from the certified food handler requirement, according to state health officials.

"This new exemption means that non-profit organizations providing food service to the public are not required to employ a certified food handler," said Terry Whitson, Assistant Commissioner, Health Care Regulatory Services at the Indiana State Department of Health.

"Private potlucks and pitch-ins have never been part of the certified food handler requirement. A certified food handler is not required for those
events," said Whitson.

Whitson went on to say organizations with extensive food service are encouraged to voluntarily participate in the certified food handler program.

"Food safety is a concern for all and the certified food handler program courses are a good source of information on safe food practices and procedures," Whitson said. "Participants have said that they benefited from the process and came away with a better awareness of food safety."

The purpose of the food handler requirement is to help prevent foodbourne illnesses. People taking the test to be certified learn about how to properly handle food to prevent a situation that could cause a lot of people to become ill.

While private pot luck and pitch-in events are not regulated by retail food establishment rules, Whitson encouraged individuals to follow basic food safety practices whenever they are preparing or serving food.

According to information from state officials non-profit organizations are not exempt from following the retail food establishment rules unless they meet the following three criteria:

· Members of the non-profit organization prepare the food;

· Food service offered by the non-profit organization takes place for no more than 30 days in a calendar year; and

· The name of each member who has prepared a food item is attached to the container in which the food item has been placed.

Food safety information for consumers can be found on the Indiana State Department of Health Web site at: http://www.in.gov/isdh/regsvcs/foodprot/consumerfag.htm. The retail food establishment statute and rules are found at Indiana Code (IC) 16-42-5 and 410 Indiana Administrative Code (IAC) 7-24. The food handler certification statute and rules are found at IC 16-42-5.2 and 410 IAC 7-22.

While non-profit groups are exempt from the food handler requirement, they are encouraged to practice the same rules that apply to serving food safety.