Section 410IAC7-24-196. Consumption of raw or undercooked foods of animal origin

   (a) Except as specified in sections 182(c), 182(d)(3), and 153 of this rule, if an animal food such as:

(1) beef;

(2) eggs;

(3) fish;

(4) lamb;

(5) milk;

(6) pork;

(7) poultry; or

(8) shellfish;

is served or sold raw, undercooked, or without otherwise being processed to eliminate pathogens, either in ready-to-eat form or as an ingredient in another ready-to-eat food, the owner or operator of the retail food establishment shall inform consumers of the significantly increased risk of consuming such foods by way of a disclosure and reminder, as specified in subsections (b) and (c) using brochures, deli case or menu advisories, label statements, table tents, placards, or other effective written or visual means.

  (b) A disclosure shall include:

(1) a description of the animal-derived foods, such as:

(A) oysters on the half shell (raw oysters);

(B) raw-egg caesar salad; and

(C) hamburgers (can be cooked to order); or

(2) identification of the animal-derived foods by asterisking them to a footnote that states that the items are served raw or undercooked or contain (or may contain) raw or undercooked ingredients.

  (c) A reminder shall include asterisking the animal-derived foods requiring disclosure to a footnote that states one (1) of the following:

(1) Regarding the safety of these items, written information is available upon request.

(2) Consuming raw or undercooked meats, poultry, seafood, shellfish, or eggs may increase your risk of foodborne illness.

(3) Consuming raw or undercooked meats, poultry, seafood, shellfish, or eggs may increase your risk of foodborne illness, especially if you have certain medical conditions.

  (d) Long term care health facilities and other institutional facilities, which provide meals to residents who are at least sixty-five (65) years of age, shall provide written information to resident consumers informing them of the risks associated with consuming food described in subsection (a). The facility shall have a record of the notice on file as long as residency is maintained at the facility by the consumer.

  (e) For purposes of this section, a violation of subsection (a), (b), (c), or (d) is a critical item. (Indiana State Department of Health; 410 IAC 7-24-196; filed Oct 13, 2004, 12:30 p.m.: 28 IR 860; readopted filed Jul 15, 2010, 12:12 p.m.: 20100728-IR-410100261RFA; readopted filed Nov 10, 2016, 8:45 a.m.: 20161207-IR-410160371RFA)