Section 410IAC7-24-79. "Retail food establishment" defined

   (a) "Retail food establishment" means an operation as follows that:

(1) Stores, prepares, packages, serves, vends, or otherwise provides food for human consumption, such as the following:

(A) A restaurant.

(B) A satellite or catered feeding location.

(C) A catering operation if the operation provides food directly to a consumer or to a conveyance used to transport people.

(D) A market.

(E) A grocery store.

(F) A convenience store.

(G) A vending location.

(H) A conveyance used to transport people.

(I) An institution.

(J) A food bank.

(K) A commissary.

(L) A cottage industry.

(M) A hospice facility as defined in IC 16-25-11.

(N) A health care facility as defined in IC 16-21-2.

(O) A health facility as defined in IC 16-18-2.

(P) A child care facility as defined in IC 12-13-5, such as the following:

(i) Licensed child care centers licensed under 470 IAC 3-4.7.

(ii) Licensed child care institutions licensed under 470 IAC 3-11, 470 IAC 3-12, and 470 IAC 3-13.

(iii) Registered child care ministries registered under 470 IAC 3-4.5.

(Q) An assisted living facility as defined in IC 12-10-15.

(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 that is provided by common carriers.

  (b) The term includes the following:

(1) An element of the operation, such as a transportation vehicle or a central preparation facility that supplies a vending location or satellite feeding location unless the vending or feeding location is permitted by the regulatory authority.

(2) An operation that is conducted in a:

(A) mobile;

(B) stationary;

(C) temporary; or

(D) permanent;

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 potentially hazardous.

(2) A produce stand that offers only whole, uncut fresh fruits and vegetables.

(3) A food processing plant operated under IC 16-42-5.

(4) A private home where food is prepared by a member of an organization that is operating under IC 16-42-5-4 [IC 16-42-5-4 was repealed by P.L.100-2007, SECTION 2, effective July 1, 2007.].

(5) An area where food that is prepared as specified in subdivision (4) is sold or offered for human consumption.

(6) A bed and breakfast establishment as defined and regulated under IC 16-41-31 and 410 IAC 7-15.5.

(7) A private home that receives catered or home-delivered food.

(8) A private home.

(Indiana State Department of Health; 410 IAC 7-24-79; filed Oct 13, 2004, 12:30 p.m.: 28 IR 832; readopted filed Jul 15, 2010, 12:12 p.m.: 20100728-IR-410100261RFA; readopted filed Nov 10, 2016, 8:45 a.m.: 20161207-IR-410160371RFA)