Section 410IAC7-24-142. Food sources

   (a) Food shall be obtained from sources that comply with law at least equivalent to Indiana law.

  (b) Food prepared in a private home may not be used or offered for human consumption in a retail food establishment.

  (c) Packaged food shall be labeled as specified:

(1) in law, including IC 16-42-1, IC 16-42-2, 21 CFR 101, 9 CFR 317, and 9 CFR 381 Subpart N; and

(2) under sections 156 and 157 of this rule.

  (d) Fish, other than molluscan shellfish, that are intended for consumption in their raw form and allowed as specified in section 182(d) of this rule may be offered for sale or service if they are:

(1) obtained from a supplier that freezes the fish as specified under section 164 of this rule; or

(2) frozen on the premises as specified under section 162 of this rule;

and records are retained as specified under section 163 of this rule.

  (e) Whole-muscle, intact beef steaks that are intended for consumption in an undercooked form without a consumer advisory as specified in section 182(c) of this rule shall be:

(1) obtained from a food processing plant that packages the steaks and labels them to indicate that they meet the definition of whole-muscle, intact beef; or

(2) if individually cut in a retail food establishment:

(A) cut from whole-muscle, intact beef that is labeled by a food processing plant to indicate that the beef meets the definition of whole-muscle, intact beef;

(B) prepared so they remain intact; and

(C) if packaged for undercooking in a retail food establishment, labeled to indicate that they meet the definition of whole-muscle, intact beef.

  (f) Meat and poultry that is not a ready-to-eat food and is in a packaged form when it is offered for sale or otherwise offered for consumption shall be labeled to include safe handling instructions as specified in law, including 9 CFR 317.2(l) and 9 CFR 381.125(b).

  (g) For purposes of this section, a violation of subsections (a), (b), (c)(1), (d), (e), and (f) is a critical item.

  (h) For purposes of this section, a violation of subsection (c)(2) is a critical or noncritical item based on the determination of whether or not the violation significantly contributes to food contamination, an illness, or an environmental health hazard. (Indiana State Department of Health; 410 IAC 7-24-142; filed Oct 13, 2004, 12:30 p.m.: 28 IR 846; errata filed Dec 13, 2004, 8:20 a.m.: 28 IR 1485; readopted filed Jul 15, 2010, 12:12 p.m.: 20100728-IR-410100261RFA; readopted filed Nov 10, 2016, 8:45 a.m.: 20161207-IR-410160371RFA)