in-20250416-IR-410240375FRA: Amends 410 IAC 7-23-2 concerning schedule of civil penalties. Adds 410 IAC 7-26 concerning food establishments operations and sanitary standards. Repeals 410 IAC 7-24. Effective 30 days after filing with the publisher.
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CITATIONS AFFECTED: 410 IAC 7-23-1; 410 IAC 7-24; 410 IAC 7-26
The agency’s own summary, as published.
The rule, in full
39,443 words as published, April 16, 2025. View the original →
TITLE 410 INDIANA DEPARTMENT OF HEALTH Final Rule LSA Document #24-375 DIGEST HISTORY Notice of First Public Comment Period published November 6, 2024: 20241106-IR-410240375FNA Regulatory Analysis submitted with Notice of First Public Comment Period: 20241106-IR-410240375RAA Date of Hearing: December 13, 2024 CITATIONS AFFECTED: 410 IAC 7-23-1; 410 IAC 7-24; 410 IAC 7-26 SUMMARY/RESPONSE TO COMMENTS The Indiana Department of Health (IDOH) requested public comment from November 6, through December 6, 2024, and during the public hearing on December 13, 2024. IDOH received no comments in response to the Notice of First Public Comment Period. PROPOSED RULE Sec. 1. (a) The Indiana department of health may commence an action under IC 4-21.5-3-8 to levy civil penalties against a person who (1) fails to comply with IC 16-42-5, 410 IAC 7-21, or 410 IAC 7-24 410 IAC 7-26; or (2) interferes with or obstructs the Indiana department of health or its designated agent in the performance of duties under IC 16-42-5, 410 IAC 7-21, or 410 IAC 7-24 410 IAC 7-26. (b) A civil penalty in an amount in the appropriate range specified in subsection (d), (e), or (f), or any combination thereof, may be sought for each day of each violation. (c) In determining the seriousness of the violation and the specific amount of the civil penalty to be sought for each violation, the Indiana department of health (department) will consider, but is not limited to, the following: (1) The potential for harm or imminent threat to public health. (2) The extent of deviation from statutory or regulatory requirements. (3) Degree of willfulness or negligence. (4) History of noncompliance. The absence of direct harm will not result in assessment of a lower penalty for a violation. (d) Unless adjusted as provided in subsections (g) and (h), and if penalties are to be assessed to a food establishment, as defined in IC 16-42-5, then they shall be assessed in accordance with the following: INDIANA CODE (IC) SECTION PENALTY RANGE IC 16-42-5-6; IC 16-42-5-11; IC 16-42-5-19; IC 16-42-5-21 $0 to $1,000 IC 16-42-5-7; IC 16-42-5-12; IC 16-42-5-13; IC 16-42-5-14; IC 16-42-5-15; IC 16-42-5-17; IC 16-42-5-18; IC 16-42-5-20 $0 to $500 IC 16-42-5-8; IC 16-42-5-9; IC 16-42-5-10; IC 16-42-5-16; IC 16-42-5-22 $0 to $100 (e) Unless adjusted as provided in subsections (g) and (h), and if penalties are to be assessed to a retail food establishment, as defined in 410 IAC 7-24 410 IAC 7-26, then they shall be assessed in accordance with the following: SECTIONS OF 410 IAC 7-24 410 IAC 7-26 PENALTY RANGE 107; 121, 129; 139; 142; 165; 171; 182; 269; 376; 423 138; 142; 154; 155; 161; 173; 198; 274; 385; 427; 477 $0-$500 108; 109; 110; 111; 114; 117; 120; 137; 141(d); 143; 144; 146; 147; 149; 150; 151; 153; 154; 155; 157; 160; 162; 164; 166; 167; 168; 169; 172; 173; 181(a); 183; 186; 187; 188; 189; 193; 195; 196; 205; 241; 274; 294; 303; 320; 321; 322; 323; 324(a)(1); 325; 329; 334; 336; 337; 339; 343; 344; 350; 357; 375; 377; 415; 437; 438; 439; 440; 441; 442; 443; 444; 445; 446; 447; 448; 450 134; 137; 149; 156 through 160; 162; 163 through 167; 169(a); 172; 174; 175; 177; 178; 195(a); 199; 200; 203; 206; 211; 213; 216; 218; 221; 222; 223; 224(d); 225; 226; 296; 299; 303; 316; 317; 318; 334 through 337; 341; 345; 346; 348; 351; 355; 356;360; 362; 363(a)(1); 380; 382; 434; 450; 455 through 466; 468; 478; 479; 481; 483; 484; 490 $0-$250 113; 115; 118; 123; 128; 131; 132; 135; 136; 141(a); 141(b); 141(c); 152; 156; 190; 191; 201; 204; 229; 240; 259; 264; 295(a); 296; 297; 326; 368; 424; 435; 436 135; 140; 141; 144; 147; 148; 169(b); 169(c); 170; 196; 197; 212; 214; 224(a) through 224(c); 235; 238; 259; 273; 306(a); 307; 338; 374; 428; 454; 485; 486; 488 $0-$100 119; 122; 130; 133; 134; 138; 140; 145; 148; 158; 159; 161; 163; 170; 174; 175; 176; 177; 178; 179; 180; 181(b); 181(c); 185; 197; 198; 199; 202; 203; 206; 207; 208; 209; 210; 211; 212; 213; 214; 215; 216; 217; 218; 219; 220; 221; 222; 223; 224; 225; 226; 227; 228; 230; 231; 232; 233; 234; 235;236; 237; 238; 239; 242; 243; 244; 245; 246; 247; 248; 249; 250; 251; 252; 253; 254; 255; 256; 257; 258; 260; 261; 262; 263; 265; 266; 267; 268; 270; 271; 272; 273; 275; 276; 277; 278; 279; 280; 281; 282; 283; 284; 285; 286; 287; 288; 289; 290; 291; 292; 293; 295(b); 295(c); 298; 301; 302; 304; 305; 306; 307; 308; 309; 310; 311; 312; 313; 314; 315; 316; 317; 318; 324(a)(2); 327; 328; 330; 331; 332; 333; 335; 338; 340; 341; 342; 345; 346; 347; 348; 349; 351; 352; 353; 354; 355; 356; 358; 359; 360; 361; 362; 363; 364; 365; 366; 367; 369; 371; 372; 373; 378; 379; 380; 381; 382; 383; 384; 385; 386; 387; 388; 389; 390; 391; 392; 393; 394; 395; 396; 397; 398; 399; 400; 401; 402; 403; 404; 405; 406; 407; 408; 409; 410; 411; 412; 413; 414; 416; 417; 418; 419; 420; 421; 425; 426; 427; 428; 429; 430; 431; 432; 433; 434; 449; 451 136; 139; 143; 145; 146; 168; 171; 176; 179; 180; 181; 183 through 194; 195(b); 195(c); 204; 205; 207 through 210; 219; 220; 227 through 234; 236; 237; 239; 240; 241; 242; 244 through 258; 260 through 269; 271; 274 through 295; 297; 298; 300; 301; 302; 304; 305; 306(b); 306(c); 308; 309; 312 through 315; 319 through 331; 333; 339; 340; 342; 343; 344; 347; 349; 350; 353; 354; 357; 358; 359; 361; 363(a)(2); 364 through 373; 375; 377; 378; 381; 383; 384; 386 through 426; 429; 430; 431; 433; 435 through 448; 451; 452; 453;467; 469; 470; 471; 473 $0-$50 (f) Unless adjusted Except as provided in subsections (g) and (h), and if penalties are to be assessed to a wholesale food establishment, as defined in 410 IAC 7-21, then they the penalties shall be assessed in accordance with the following as follows: SECTIONS OF 410 IAC 7-21 PENALTY RANGE 35; 36(1) 36(2); 36(3); 36(4); through 36(5); 39(b)(8); 40; 41; 42(b); 45(c); 45(n); 45(p); 45(q); 45(r); 46; 47(9)(B); 48; 49(d); 49(e); 50(d) $0-$1,000 36(8); 37; 38; 39(a); 39(b)(1) 39(b)(2); 39(b)(3); 39(b)(4); 39(b)(5); 39(b)(6); through 39(b)(7); 42(a); 42(d); 42(e); 44(i); 45(a); 45(b); 45(d) 45(e); 45(f); 45(g); 45(h); 45(i); 45(j); 45(k); 45(l); through 45(m); 45(o); 45(s); 47(2) 47(3); 47(4); 47(5); 47(6); through 47(7); 47(9)(A); 47(9)(C); 50(c); 50(f); 51(a); 51(c); 51(d) $0-$500 36(6); 36(7); 42(c); 43(b); 43(c); 43(d); 44(c); 44(e); 44(h); 47(1); 47(8); 49(a) 49(b); through 49(c); 50(b); 51(b) $0-$250 36(9); 43(a); 43(e); 44(a); 44(b); 44(d); 44(f); 44(g); 45(t); 47(10) 47(11); 47(12); 47(13); 47(14); through 47(15) $0-$100 (g) After reinspection and determining the appropriate penalty based on the schedule in subsection (d), (e), or (f), or any combination thereof, the department may adjust the penalty to reflect a good faith effort to comply as follows: (1) Each individual penalty will be multiplied by the number of days the particular violation has been documented by the department. (2) Penalties for violations documented in two (2) consecutive inspections by the department shall be assessed on the basis that the violations have remained uncorrected over the period of time between the two (2) inspections. (3) If the person found in violation has requested reinspection and has produced substantive evidence that the violation or violations have been corrected, the penalties shall be assessed for the period between initial discovery of the violation and the receipt of receiving the request for reinspection. (4) Penalties for all violations documented in an inspection or series of inspections at an establishment will be totaled and sought under one (1) cause of action. (h) After filing an action under IC 4-21.5, and in an attempt to resolve violations of said Indiana Code IC 16-42 and this rule without resort to conducting a hearing, the Indiana department of health may negotiate and enter into agreed orders. An agreed order may suspend all or part of the civil penalty calculated under the requirements and deadlines established in the agreed order.(Indiana Department of Health; 410 IAC 7-23-1; filed Dec 4, 2003, 3:05 p.m.: 27 IR 1167; filed Oct 13, 2004, 11:25 a.m.: 28 IR 908; readopted filed Jul 15, 2010, 12:12 p.m.: 20100728-IR-410100261RFA; readopted filed Nov 10, 2016, 8:45 a.m.: 20161207-IR-410160371RFA; errata filed Jul 28, 2021, 9:35 a.m.: 20210811-IR-410210313ACA; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA) (b) A civil penalty in an amount in the appropriate range specified in subsection (d), (e), or (f), or any combination thereof, may be sought for each day of each violation. (c) In determining the seriousness of the violation and the specific amount of the civil penalty to be sought for each violation, the Indiana department of health (department) will consider, but is not limited to, the following: The absence of direct harm will not result in assessment of a lower penalty for a violation. (d) Unless adjusted as provided in subsections (g) and (h), and if penalties are to be assessed to a food establishment, as defined in IC 16-42-5, then they shall be assessed in accordance with the following: INDIANA CODE (IC) SECTION PENALTY RANGE IC 16-42-5-6; IC 16-42-5-11; IC 16-42-5-19; IC 16-42-5-21 $0 to $1,000 IC 16-42-5-7; IC 16-42-5-12; IC 16-42-5-13; IC 16-42-5-14; IC 16-42-5-15; IC 16-42-5-17; IC 16-42-5-18; IC 16-42-5-20 $0 to $500 IC 16-42-5-8; IC 16-42-5-9; IC 16-42-5-10; IC 16-42-5-16; IC 16-42-5-22 $0 to $100 (e) Unless adjusted as provided in subsections (g) and (h), and if penalties are to be assessed to a retail food establishment, as defined in 410 IAC 7-24 410 IAC 7-26, then they shall be assessed in accordance with the following: SECTIONS OF 410 IAC 7-24 410 IAC 7-26 PENALTY RANGE 107; 121, 129; 139; 142; 165; 171; 182; 269; 376; 423 138; 142; 154; 155; 161; 173; 198; 274; 385; 427; 477 $0-$500 108; 109; 110; 111; 114; 117; 120; 137; 141(d); 143; 144; 146; 147; 149; 150; 151; 153; 154; 155; 157; 160; 162; 164; 166; 167; 168; 169; 172; 173; 181(a); 183; 186; 187; 188; 189; 193; 195; 196; 205; 241; 274; 294; 303; 320; 321; 322; 323; 324(a)(1); 325; 329; 334; 336; 337; 339; 343; 344; 350; 357; 375; 377; 415; 437; 438; 439; 440; 441; 442; 443; 444; 445; 446; 447; 448; 450 134; 137; 149; 156 through 160; 162; 163 through 167; 169(a); 172; 174; 175; 177; 178; 195(a); 199; 200; 203; 206; 211; 213; 216; 218; 221; 222; 223; 224(d); 225; 226; 296; 299; 303; 316; 317; 318; 334 through 337; 341; 345; 346; 348; 351; 355; 356;360; 362; 363(a)(1); 380; 382; 434; 450; 455 through 466; 468; 478; 479; 481; 483; 484; 490 $0-$250 113; 115; 118; 123; 128; 131; 132; 135; 136; 141(a); 141(b); 141(c); 152; 156; 190; 191; 201; 204; 229; 240; 259; 264; 295(a); 296; 297; 326; 368; 424; 435; 436 135; 140; 141; 144; 147; 148; 169(b); 169(c); 170; 196; 197; 212; 214; 224(a) through 224(c); 235; 238; 259; 273; 306(a); 307; 338; 374; 428; 454; 485; 486; 488 $0-$100 119; 122; 130; 133; 134; 138; 140; 145; 148; 158; 159; 161; 163; 170; 174; 175; 176; 177; 178; 179; 180; 181(b); 181(c); 185; 197; 198; 199; 202; 203; 206; 207; 208; 209; 210; 211; 212; 213; 214; 215; 216; 217; 218; 219; 220; 221; 222; 223; 224; 225; 226; 227; 228; 230; 231; 232; 233; 234; 235;236; 237; 238; 239; 242; 243; 244; 245; 246; 247; 248; 249; 250; 251; 252; 253; 254; 255; 256; 257; 258; 260; 261; 262; 263; 265; 266; 267; 268; 270; 271; 272; 273; 275; 276; 277; 278; 279; 280; 281; 282; 283; 284; 285; 286; 287; 288; 289; 290; 291; 292; 293; 295(b); 295(c); 298; 301; 302; 304; 305; 306; 307; 308; 309; 310; 311; 312; 313; 314; 315; 316; 317; 318; 324(a)(2); 327; 328; 330; 331; 332; 333; 335; 338; 340; 341; 342; 345; 346; 347; 348; 349; 351; 352; 353; 354; 355; 356; 358; 359; 360; 361; 362; 363; 364; 365; 366; 367; 369; 371; 372; 373; 378; 379; 380; 381; 382; 383; 384; 385; 386; 387; 388; 389; 390; 391; 392; 393; 394; 395; 396; 397; 398; 399; 400; 401; 402; 403; 404; 405; 406; 407; 408; 409; 410; 411; 412; 413; 414; 416; 417; 418; 419; 420; 421; 425; 426; 427; 428; 429; 430; 431; 432; 433; 434; 449; 451 136; 139; 143; 145; 146; 168; 171; 176; 179; 180; 181; 183 through 194; 195(b); 195(c); 204; 205; 207 through 210; 219; 220; 227 through 234; 236; 237; 239; 240; 241; 242; 244 through 258; 260 through 269; 271; 274 through 295; 297; 298; 300; 301; 302; 304; 305; 306(b); 306(c); 308; 309; 312 through 315; 319 through 331; 333; 339; 340; 342; 343; 344; 347; 349; 350; 353; 354; 357; 358; 359; 361; 363(a)(2); 364 through 373; 375; 377; 378; 381; 383; 384; 386 through 426; 429; 430; 431; 433; 435 through 448; 451; 452; 453;467; 469; 470; 471; 473 $0-$50 (f) Unless adjusted Except as provided in subsections (g) and (h), and if penalties are to be assessed to a wholesale food establishment, as defined in 410 IAC 7-21, then they the penalties shall be assessed in accordance with the following as follows: SECTIONS OF 410 IAC 7-21 PENALTY RANGE 35; 36(1) 36(2); 36(3); 36(4); through 36(5); 39(b)(8); 40; 41; 42(b); 45(c); 45(n); 45(p); 45(q); 45(r); 46; 47(9)(B); 48; 49(d); 49(e); 50(d) $0-$1,000 36(8); 37; 38; 39(a); 39(b)(1) 39(b)(2); 39(b)(3); 39(b)(4); 39(b)(5); 39(b)(6); through 39(b)(7); 42(a); 42(d); 42(e); 44(i); 45(a); 45(b); 45(d) 45(e); 45(f); 45(g); 45(h); 45(i); 45(j); 45(k); 45(l); through 45(m); 45(o); 45(s); 47(2) 47(3); 47(4); 47(5); 47(6); through 47(7); 47(9)(A); 47(9)(C); 50(c); 50(f); 51(a); 51(c); 51(d) $0-$500 36(6); 36(7); 42(c); 43(b); 43(c); 43(d); 44(c); 44(e); 44(h); 47(1); 47(8); 49(a) 49(b); through 49(c); 50(b); 51(b) $0-$250 36(9); 43(a); 43(e); 44(a); 44(b); 44(d); 44(f); 44(g); 45(t); 47(10) 47(11); 47(12); 47(13); 47(14); through 47(15) $0-$100 (g) After reinspection and determining the appropriate penalty based on the schedule in subsection (d), (e), or (f), or any combination thereof, the department may adjust the penalty to reflect a good faith effort to comply as follows: (h) After filing an action under IC 4-21.5, and in an attempt to resolve violations of said Indiana Code IC 16-42 and this rule without resort to conducting a hearing, the Indiana department of health may negotiate and enter into agreed orders. An agreed order may suspend all or part of the civil penalty calculated under the requirements and deadlines established in the agreed order.(Indiana Department of Health; 410 IAC 7-23-1; filed Dec 4, 2003, 3:05 p.m.: 27 IR 1167; filed Oct 13, 2004, 11:25 a.m.: 28 IR 908; readopted filed Jul 15, 2010, 12:12 p.m.: 20100728-IR-410100261RFA; readopted filed Nov 10, 2016, 8:45 a.m.: 20161207-IR-410160371RFA; errata filed Jul 28, 2021, 9:35 a.m.: 20210811-IR-410210313ACA; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA) Sec. 1. The definitions in this rule apply throughout this rule. (Indiana Department of Health; 410 IAC 7-26-1; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA) Sec. 2. (a) "Accredited program" means a food protection manager certification program that has been evaluated and listed by an accrediting agency as conforming to national standards for organizations that certify individuals. (b) The term refers to the certification process and is a designation based on an independent evaluation of factors, such as: (c) The term does not refer to training functions or educational programs. (Indiana Department of Health; 410 IAC 7-26-2; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA) Sec. 3. "Acid foods" means foods that have a natural pH of 4.6 or below. (Indiana Department of Health; 410 IAC 7-26-3; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA) Sec. 4. (a) "Acidified foods" means foods, other than alcoholic beverages, with a finished equilibrium pH of 4.6 or above and an aw greater than eighty-five hundredths (0.85), intentionally altered by adding an acid or acids, or acid foods, to reach a finished equilibrium pH of 4.6 or below and an aw greater than eighty-five hundredths (0.85). (b) This term does not include: (Indiana Department of Health; 410 IAC 7-26-4; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA) Sec. 5. "Additive" means a food or color additive. (Indiana Department of Health; 410 IAC 7-26-5; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA) Sec. 6. "Adulterated" has the meaning set forth in IC 16-42-1 and IC 16-42-2. (Indiana Department of Health; 410 IAC 7-26-6; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA) Sec. 7. "Approved" means acceptable to the regulatory authority based on a determination of conformity with principles, practices, and generally recognized standards that protect public health. (Indiana Department of Health; 410 IAC 7-26-7; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA) Sec. 8. (a) "Asymptomatic" means without obvious symptoms and includes not showing or producing indications of a disease or other medical condition, such as an individual infected with a pathogen but not exhibiting or producing any signs or symptoms of vomiting, diarrhea, or jaundice. (b) The term includes not showing symptoms because symptoms have resolved or subsided, or because symptoms never manifested. (Indiana Department of Health; 410 IAC 7-26-8; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA) Sec. 9. "aw" means water activity as follows: (Indiana Department of Health; 410 IAC 7-26-9; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA) Sec. 10. "Balut" means an embryo inside a fertile egg that has been incubated for a period sufficient for the embryo to reach a specific stage of development after which it is removed from incubation before hatching. (Indiana Department of Health; 410 IAC 7-26-10; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA) Sec. 11. "Beverage" means a liquid for drinking, including water. (Indiana Department of Health; 410 IAC 7-26-11; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA) Sec. 12. "Bottled drinking water" means water that is sealed in bottles, packages, or other containers and offered for sale for human consumption, including bottled mineral water. (Indiana Department of Health; 410 IAC 7-26-12; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA) Sec. 13. "Catering" means preparing food in an approved retail food establishment and may include transporting the food for service and consumption at some other site. (Indiana Department of Health; 410 IAC 7-26-13; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA) Sec. 14. "Certified food protection manager" has the meaning set forth in IC 16-42-5.2-4.(Indiana Department of Health; 410 IAC 7-26-14; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA) Sec. 15. "Certification number" means the unique identification number issued by the shellfish control authority to each dealer for each location. (Indiana Department of Health; 410 IAC 7-26-15; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA) Sec. 16. "CFR" means the Code of Federal Regulations. (Indiana Department of Health; 410 IAC 7-26-16; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA) Sec. 17. (a) "Cleaned in place" or "CIP" means cleaned in place by the circulation or flowing by mechanical means through a piping system of a detergent solution, water rinse, and sanitizing solution onto or over equipment surfaces that require cleaning, such as the method used, in part, to clean and sanitize a frozen dessert machine. (b) The term does not include the cleaning of equipment, such as band saws, slicers, or mixers subjected to in-place manual cleaning without the use of a CIP system. (Indiana Department of Health; 410 IAC 7-26-17; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA) Sec. 18. "Color additive" has the meaning set forth in 21 U.S.C. 321(t) and 21 CFR 70.3(f). (Indiana Department of Health; 410 IAC 7-26-18; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA) Sec. 19. "Commingle" means the act of combining different lots of shellfish. (Indiana Department of Health; 410 IAC 7-26-19; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA) Sec. 20. "Comminuted" means reduced in size by methods, including chopping, flaking, grinding, or mincing. The term includes the following: (Indiana Department of Health; 410 IAC 7-26-20; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA) Sec. 21. "Commissary" means a registered catering establishment, restaurant, or any retail food establishment in which food, food containers, or food supplies are: from which meals are catered and mobile retail food establishments or pushcarts are serviced. (Indiana Department of Health; 410 IAC 7-26-21; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA) Sec. 22. "Conditional employee" means a potential food employee to whom a job offer is made, conditional on responses to subsequent medical questions or examinations designed to identify potential food employees who may be suffering from a disease that can be transmitted through food, and done in compliance with Title 1 of the Americans with Disabilities Act of 1990. (Indiana Department of Health; 410 IAC 7-26-22; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA) Sec. 23. "Confirmed disease outbreak" means a foodborne disease outbreak in which a laboratory analysis of appropriate specimens identifies a causative agent, and an epidemiological analysis implicates the food as the source of the illness. (Indiana Department of Health; 410 IAC 7-26-23; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA) Sec. 24. "Consumer" means a person who is a member of the public who: (Indiana Department of Health; 410 IAC 7-26-24; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA) Sec. 25. "Core item" means a provision in this rule designated as core. The term includes an item that usually relates to: (Indiana Department of Health; 410 IAC 7-26-25; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA) Sec. 26. "Corrosion resistant material" means a material that maintains acceptable surface cleanability characteristics under prolonged influence of the food to be contacted, the normal use of cleaning compounds and sanitizing solutions, and other conditions of the use environment. (Indiana Department of Health; 410 IAC 7-26-26; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA) Sec. 27. "Counter mounted equipment" means equipment that is not portable and is designed to be mounted off the floor on a table, counter, or shelf. (Indiana Department of Health; 410 IAC 7-26-27; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA) Sec. 28. "Critical control point" means a point or procedure in a specific food system where loss of control may result in an unacceptable health risk. (Indiana Department of Health; 410 IAC 7-26-28; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA) Sec. 29. "Critical limit" means the highest or lowest value to which a physical, biological, or chemical parameter must be controlled at a critical control point to lower the risk that the identified food safety hazard may occur. (Indiana Department of Health; 410 IAC 7-26-29; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA) Sec. 30. "Cut leafy greens" means fresh leafy greens whose leaves have been cut, shredded, sliced, chopped, or torn. (Indiana Department of Health; 410 IAC 7-26-30; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA) Sec. 31. "Dealer" means a person authorized by a shellfish control authority for the activities of: of molluscan shellfish, according to the provisions of the National Shellfish Sanitation Program. (Indiana Department of Health; 410 IAC 7-26-29; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA) Sec. 32. "Department" means the Indiana department of health or its authorized representative. (Indiana Department of Health; 410 IAC 7-26-30; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA) Sec. 33. "Disclosure" means a written statement that clearly identifies the animal derived foods that are, or can be ordered, raw, undercooked, or without otherwise being processed to eliminate pathogens, or items that contain an ingredient that is raw, undercooked, or without otherwise being processed to eliminate pathogens. (Indiana Department of Health; 410 IAC 7-26-31; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA) Sec. 34. (a) "Drinking water" means water that meets the requirements of 327 IAC 8. (b) The term is traditionally known as potable water. (c) The term includes water, except where the term used means the water is not potable, such as the following: (Indiana Department of Health; 410 IAC 7-26-32; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA) Sec. 35. "Dry storage" means a room or an area designated for storing packaged or containerized bulk food that is not a TCS food and dry goods, such as single-service items. (Indiana Department of Health; 410 IAC 7-26-33; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA) Sec. 36. (a) "Easily cleanable" means a characteristic of a surface that: (b) The term includes a tiered application of the criteria that qualify the surface as easily cleanable as specified under subsection (a) to different situations in which varying degrees of cleanability are required, such as the: (Indiana Department of Health; 410 IAC 7-26-34; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA) Sec. 37. "Easily movable" means: (Indiana Department of Health; 410 IAC 7-26-37; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA) Sec. 38. (a) "Egg" means the shell egg of an avian species, such as: (b) The term does not include: (Indiana Department of Health; 410 IAC 7-26-38; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA) Sec. 39. (a) "Egg product" means all, or a portion of, the contents found inside an egg, separated from the shell and pasteurized in a food processing plant, with or without added ingredients and intended for human consumption, such as dried, frozen, or liquid eggs. (b) The term does not include food that contains eggs only in a relatively small proportion, such as cake mixes. (Indiana Department of Health; 410 IAC 7-26-39; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA) Sec. 40. "Employee" means any of the following: (Indiana Department of Health; 410 IAC 7-26-40; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA) Sec. 41. "EPA" means the United States Environmental Protection Agency. (Indiana Department of Health; 410 IAC 7-26-41; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA) Sec. 42. (a) "Equipment" means an article that is used in the operation of a retail food establishment, such as the following: (b) The term does not include items used for handling or storing large quantities of packaged foods received from a supplier in a cased or overwrapped lot, such as the following: (Indiana Department of Health; 410 IAC 7-26-42; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA) Sec. 43. "Exclude" means to prevent a person from working as a food employee or entering a retail food establishment as an employee. (Indiana Department of Health; 410 IAC 7-26-43; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA) Sec. 44. "FDA" means the U.S. Food and Drug Administration. (Indiana Department of Health; 410 IAC 7-26-44; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA) Sec. 45. (a) "Fish" means fresh or saltwater finfish, crustaceans, and other aquatic life, including: other than birds, insects, or mammals, if that animal life is intended for human consumption. (b) The term includes the following: (Indiana Department of Health; 410 IAC 7-26-45; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA) Sec. 46. (a) "Food" has the meaning set forth in IC 16-18-2-135. (b) The term includes raw, cooked, or processed edible substances, ice, beverages, an ingredient used or intended for use or for sale, in whole or in part, for human consumption, or chewing gum. (Indiana Department of Health; 410 IAC 7-26-46; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA) Sec. 47. "Food additive" has the meaning set forth in 21 U.S.C. 321(s) and 21 CFR 170.3(e)(1). (Indiana Department of Health; 410 IAC 7-26-47; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA) Sec. 48. "Foodborne disease outbreak" means the occurrence of: (Indiana Department of Health; 410 IAC 7-26-48; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA) Sec. 49. "Food contact surface" means the surface of equipment or a utensil: (Indiana Department of Health; 410 IAC 7-26-49; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA) Sec. 50. "Food employee" means an individual working with unpackaged food, food equipment or utensils, or food contact surfaces. (Indiana Department of Health; 410 IAC 7-26-50; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA) Sec. 51. (a) "Food processing plant" means a commercial operation, such as: that manufactures, packages, labels, or stores food for human consumption and does not provide food directly to a consumer. (b) The term does not include a home based vendor under IC 16-42-5.3, or a retail food establishment as defined under section 105 of this rule, unless the retail food establishment is conducting wholesale activities as specified in 410 IAC 7-21 or under a variance. (Indiana Department of Health; 410 IAC 7-26-51; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA) Sec. 52. (a) "Game animal" means an animal, the product of which is food for human comsumption that is not: (b) The term includes non-farm raised animals, including deer, bison, quail, rabbit, or elk. (Indiana Department of Health; 410 IAC 7-26-52; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA) Sec. 53. "Grade A standards" means the requirements of the United States Public Health Service, FDA Grade A Pasteurized Milk Ordinance, and FDA Grade A Condensed and Dry Milk Ordinance with which certain fluid and dry milk, and milk products, comply. (Indiana Department of Health; 410 IAC 7-26-53; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA) Sec. 54. "HACCP plan" means a written document that delineates the formal procedures for following the Hazard Analysis and Critical Control Point principles developed by the National Advisory Committee on Microbiological Criteria for Foods. (Indiana Department of Health; 410 IAC 7-26-54; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA) Sec. 55. "Handwashing sink" means: especially placed for use in personal hygiene and designed for washing the hands. (Indiana Department of Health; 410 IAC 7-26-55; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA) Sec. 56. "Hazard" means a biological, chemical, or physical property that may cause an unacceptable consumer health risk. (Indiana Department of Health; 410 IAC 7-26-56; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA) Sec. 57. "Health practitioner" means a physician licensed to practice medicine, or if allowed by law, a nurse practitioner, physician assistant, or similar medical professional. (Indiana Department of Health; 410 IAC 7-26-57; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA) Sec. 58. "Hermetically sealed container" means a container designed and intended to be secure against the entry of microorganisms and, in the case of low-acid canned foods, to maintain the commercial sterility of its contents after processing. (Indiana Department of Health; 410 IAC 7-26-58; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA) Sec. 59. "Highly susceptible population" means persons who are more likely than others in the general population to experience foodborne disease because they are: (Indiana Department of Health; 410 IAC 7-26-59; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA) Sec. 60. "Imminent health hazard" means a significant threat or danger to health that is considered to exist when there is enough evidence to show that a product, a practice, a circumstance, or an event creates a situation that requires immediately correcting or ending operations to prevent injury or illness based on the: (Indiana Department of Health; 410 IAC 7-26-60; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA) Sec. 61. "Injected" means manipulating meat to which a solution has been introduced into its interior by processes referred to as injecting, pump marinating, or stitch pumping. (Indiana Department of Health; 410 IAC 7-26-61; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA) Sec. 62. "In-shell product" means nonliving, processed shellfish with one (1) or both shells present. (Indiana Department of Health; 410 IAC 7-26-62; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA) Sec. 63. "Intact meat" means a cut of whole muscle that has not undergone: (Indiana Department of Health; 410 IAC 7-26-63; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA) Sec. 64. (a) "Juice" means the aqueous liquid expressed or extracted from: (b) The term does not include, for purposes of HACCP, liquids, purées, or concentrates not used as beverages or ingredients of beverages. (Indiana Department of Health; 410 IAC 7-26-64; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA) Sec. 65. "Kitchenware" means food preparation and storage utensils. (Indiana Department of Health; 410 IAC 7-26-65; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA) Sec. 66. "Law" means applicable state and federal statutes and regulations and local ordinances. (Indiana Department of Health; 410 IAC 7-26-66; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA) Sec. 67. "Linens" means fabric items, such as the following: (Indiana Department of Health; 410 IAC 7-26-67; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA) Sec. 68. (a) "Leafy greens" includes the following: (b) The term does not include herbs, such as cilantro or parsley. (Indiana Department of Health; 410 IAC 7-26-68; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA) Sec. 69. (a) "Major food allergen" includes the following: (b) The term does not include: (Indiana Department of Health; 410 IAC 7-26-69; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA) Sec. 70. (a) "Meat" means the part of the muscle of any livestock that is skeletal or found in the tongue, diaphragm, heart, or esophagus, with or without the accompanying and overlying fat, and the portions of bone, skin, sinew, nerve, and blood vessels that: (b) The term includes flesh of animals used as food, including the dressed flesh of: (c) The term does not include products that: (Indiana Department of Health; 410 IAC 7-26-71; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA) Sec. 71. (a) "Mechanically tenderized meat" means manipulating meat by piercing with a set of: which breaks up muscle fiber and tough connective tissue, to increase tenderness. (b) The term includes: (Indiana Department of Health; 410 IAC 7-26-70; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA) Sec. 72. "mg/L" means milligrams per liter, which is the metric equivalent of parts per million. (Indiana Department of Health; 410 IAC 7-26-72; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA) Sec. 73. "Micro market" has the meaning set forth in IC 16-42-5-32.(Indiana Department of Health; 410 IAC 7-26-73; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA) Sec. 74. "Misbranded" has the meaning set forth in IC 16-42-1, IC 16-42-2, and 410 IAC 7-5. (Indiana Department of Health; 410 IAC 7-26-74; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA) Sec. 75. "Mobile retail food establishment" has the meaning set forth in IC 16-42-5.1-2.(Indiana Department of Health; 410 IAC 7-26-75; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA) Sec. 76. (a) "Molluscan shellfish" means any edible species of fresh or frozen: or edible portions thereof, except when the scallop product consists only of the shucked adductor muscle. (b) The term includes shellstock, shucked shellfish, and in-shell products. (Indiana Department of Health; 410 IAC 7-26-76; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA) Sec. 77. (a) "Noncontinuous cooking" means the cooking of food in a retail food establishment using a process in which the initial heating of food is intentionally halted so that it may be cooled and held for complete cooking at a later time before sale or service. (b) The term does not include cooking procedures that only involve temporarily interrupting or slowing an otherwise continuous cooking process. (Indiana Department of Health; 410 IAC 7-26-77; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA) Sec. 78. (a) "Outdoor food operation" means a permanently installed or portable extension of a retail food establishment that operates for the purpose of storing, preparing, serving, packaging, or otherwise handling of food. (b) The term includes any of the following: (c) The term does not include: (Indiana Department of Health; 410 IAC 7-26-78; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA) Sec. 79. (a) "Packaged" means: whether packaged in a retail food establishment or food processing plant. (b) The term does not include wrapped or placed in a carry-out container to protect the food during service or delivery to the consumer, by a food employee, on consumer request. (Indiana Department of Health; 410 IAC 7-26-79; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA) Sec. 80. "Person" has the meaning set forth in IC 16-18-2-274.(Indiana Department of Health; 410 IAC 7-26-80; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA) Sec. 81. "Person in charge" means the individual present at a retail food establishment who is responsible for the operation at the time of inspection. (Indiana Department of Health; 410 IAC 7-26-81; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA) Sec. 82. (a) "Personal care items" means items or substances that may be poisonous, toxic, or a source of contamination and are used to maintain or enhance a person's health, hygiene, or appearance. (b) The term includes the following items: (Indiana Department of Health; 410 IAC 7-26-82; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA) Sec. 83. "pH" means the symbol for the negative logarithm of the hydrogen ion concentration, which is a measure of the degree of acidity or alkalinity of a solution. Values between zero (0) and seven (7) indicate acidity, and values between seven (7) and fourteen (14) indicate alkalinity. The value for pure distilled water is seven (7), which is considered neutral. (Indiana Department of Health; 410 IAC 7-26-83; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA) Sec. 84. "Physical facilities" means the structure and interior surfaces of a retail food establishment, including floors, walls, ceilings, and accessories, such as the following: (Indiana Department of Health; 410 IAC 7-26-84; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA) Sec. 85. "Plumbing fixture" means a receptacle or device that: (Indiana Department of Health; 410 IAC 7-26-85; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA) Sec. 86. "Plumbing system" means the following: Sec. 87. "Poisonous or toxic materials" means substances not intended for ingestion and are included in five (5) categories, as follows: (Indiana Department of Health; 410 IAC 7-26-87; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA) Sec. 88. "Poultry" means the following: (Indiana Department of Health; 410 IAC 7-26-88; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA) Sec. 89. "ppm" means parts per million, which is equivalent to milligrams per liter (mg/L). (Indiana Department of Health; 410 IAC 7-26-89; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA) Sec. 90. "Premises" means the physical facility, its contents, and the: (Indiana Department of Health; 410 IAC 7-26-90; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA) Sec. 91. "Primal cut" means a basic major cut into which carcasses and sides of meat are separated, such as a: (Indiana Department of Health; 410 IAC 7-26-91; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA) Sec. 92. (a) "Priority item" means a provision in this rule whose application of which contributes directly to the elimination, prevention, or reduction to an acceptable level of hazards associated with foodborne illness or injury and there is no other provision that more directly controls the hazard. (b) The term includes items with a quantifiable measure to show control of hazards such as cooking, reheating, cooling, and handwashing. (c) The term is an item that is denoted in this rule with the notation of "P". (Indiana Department of Health; 410 IAC 7-26-92; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA) Sec. 93. (a) "Priority foundation item" means a provision in this rule whose application supports, facilitates, or enables at least one (1) priority item. (b) The term includes an item that requires the purposeful incorporation of specific actions, equipment, or procedures by industry management to attain control of risk factors that contribute to foodborne illness or injury, such as personnel training, infrastructure or necessary equipment, HACCP plans, documentation or record keeping, and labeling. (c) The term is an item that is denoted in this code with the notation of "PF". (Indiana Department of Health; 410 IAC 7-26-93; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA) Sec. 94. "Public water system" has the meaning set forth in 327 IAC 8. (Indiana Department of Health; 410 IAC 7-26-94; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA) Sec. 95. "Ratite" means a domesticated large flightless bird, such as an emu, an ostrich, or a rhea. (Indiana Department of Health; 410 IAC 7-26-95; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA) Sec. 96. (a) "Ready-to-eat food" means food that: (b) The term includes, but is not limited to, the following: (c) The term does not include the following: (Indiana Department of Health; 410 IAC 7-26-96; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA) Sec. 97. (a) "Reduced oxygen packaging" means: (b) The term includes any of the following: (Indiana Department of Health; 410 IAC 7-26-97; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA) Sec. 98. "Refuse" means solid waste not carried by water through the sewage system. (Indiana Department of Health; 410 IAC 7-26-98; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA) Sec. 99. "Regulatory authority" means the local, state, or federal enforcement body or authorized representative having jurisdiction over a retail food establishment. (Indiana Department of Health; 410 IAC 7-26-99; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA) Sec. 100. "Reminder" means a written statement concerning the health risk of consuming animal foods raw, undercooked, or without otherwise being processed to eliminate pathogens. (Indiana Department of Health; 410 IAC 7-26-100; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA) Sec. 101. "Re-service" means the transfer of food that is unused and returned by a consumer, after being served or sold and in the possession of the consumer, to another person. (Indiana Department of Health; 410 IAC 7-26-101; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA) Sec. 102. "Restrict" means to limit the activities of a food employee so that there is no risk of transmitting a disease that is transmissible through food, and the food employee does not work with: (Indiana Department of Health; 410 IAC 7-26-102; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA) Sec. 103. "Restricted egg" has the meaning set forth in 370 IAC 1-3-4. (Indiana Department of Health; 410 IAC 7-26-103; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA) Sec. 104. "Restricted use pesticide" means [sic, has] the meaning set forth in IC 15-16-4-373 [sic, IC 15-16-4-37]. (Indiana Department of Health; 410 IAC 7-26-104; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA) Sec. 105. (a) "Retail food establishment" means any building, room, basement, or vehicle of transport that does the following: (b) The term includes the following: (c) The term does not include the following: (Indiana Department of Health; 410 IAC 7-26-105; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA) Sec. 106. "Risk" means the likelihood that an adverse health effect will occur within a population as a result of a hazard in food. (Indiana Department of Health; 410 IAC 7-26-106; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA) Sec. 107. "Safe material" means: (Indiana Department of Health; 410 IAC 7-26-107; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA) Sec. 108. "Sanitization" means the application of cumulative heat or chemicals on cleaned food contact surfaces that, when evaluated for efficacy, is sufficient to yield a reduction of five (5) logs, which is equal to a ninety-nine and nine hundred ninety-nine thousandths percent (99.999%) reduction of representative disease microorganisms of public health importance. (Indiana Department of Health; 410 IAC 7-26-108; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA) Sec. 109. "Sealed" means free of cracks or other openings that allow the entry or passage of moisture. (Indiana Department of Health; 410 IAC 7-26-109; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA) Sec. 110. "Service animal" has the meaning set forth in IC 16-32-3-1.5.(Indiana Department of Health; 410 IAC 7-26-110; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA) Sec. 111. (a) "Servicing area" means an operating base location to which an element of a retail food establishment, such as a mobile retail food establishment or transportation vehicle, returns regularly for support functions, such as the following: (b) Except as specified in subsection (a), food preparation is not allowed in servicing area unless it is a registered commissary. (Indiana Department of Health; 410 IAC 7-26-111; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA) Sec. 112. "Sewage" means liquid waste containing animal or vegetable matter in suspension or solution and may include liquids containing chemicals in solution. (Indiana Department of Health; 410 IAC 7-26-112; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA) Sec. 113. "Shellfish control authority" means a state, federal, foreign, tribal, or other government entity legally responsible for administering a program that includes certification of molluscan shellfish harvesters and dealers for interstate commerce. (Indiana Department of Health; 410 IAC 7-26-113; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA) Sec. 114. "Shellstock" means live molluscan shellfish in the shell. (Indiana Department of Health; 410 IAC 7-26-114; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA) Sec. 115. (a) "Shiga toxin-producing Escherichia coli" or "STEC" means any Escherichia coli capable of producing Shiga toxins, also called verocytotoxins. (b) The term includes STEC infections that can be asymptomatic or may result in a spectrum of illness ranging from mild nonbloody diarrhea, to hemorrhagic colitis (i.e., bloody diarrhea), to hemolytic uremic syndrome, which is a type of kidney failure. (c) Examples of serotypes of STEC include: (d) The term is sometimes referred to as VTEC (verocytotoxigenic E. coli) or EHEC (Enterohemorrhagic E. coli). EHEC are a subset of STEC that can cause hemorrhagic colitis or hemolytic uremic syndrome. (Indiana Department of Health; 410 IAC 7-26-115; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA) Sec. 116. "Shucked shellfish" means molluscan shellfish that have both shells removed. (Indiana Department of Health; 410 IAC 7-26-116; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA) Sec. 117. "Single-service articles" means tableware, carry-out utensils, and other items, such as: designed and constructed for one (1) time, one (1) person use after which they are intended for discard. (Indiana Department of Health; 410 IAC 7-26-117; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA) Sec. 118. (a) "Single-use articles" means utensils and bulk food containers designed and constructed to be used once and discarded. (b) The term includes items such as: that do not meet the materials, durability, strength, and cleanability specifications under sections 226, 236, and 238 of this rule for multi-use utensils. (Indiana Department of Health; 410 IAC 7-26-118; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA) Sec. 119. "Slacking" means the process of moderating the temperature of a food, such as allowing a food to gradually increase from a temperature of minus ten (-10) degrees Fahrenheit, minus twenty-three (-23) degrees Celsius, to twenty-five (25) degrees Fahrenheit, minus four (-4) degrees Celsius, in preparation for deep fat frying, or to facilitate even heat penetration during the cooking of previously frozen food, such as shrimp, frozen potatoes, or other vegetables. (Indiana Department of Health; 410 IAC 7-26-119; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA) Sec. 120. "Smooth" means: (Indiana Department of Health; 410 IAC 7-26-120; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA) Sec. 121. "Special process" means any food preparation method, process, or procedure that requires: when the final products are reasonably likely to cause food related illness or injury without preventive and systematic food safety hazard controls, such as product testing and an approved HACCP plan. (Indiana Department of Health; 410 IAC 7-26-121; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA) Sec. 122. "Tableware" includes: (Indiana Department of Health; 410 IAC 7-26-122; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA) Sec. 123. "Temperature measuring device" means: that indicates the temperature of food, air, or water. (Indiana Department of Health; 410 IAC 7-26-123; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA) Sec. 124. "Temporary food establishment" means a retail food establishment that operates in conjunction with a single event or celebration: (Indiana Department of Health; 410 IAC 7-26-124; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA) Sec. 125. "Time/temperature control for safety food" or "TCS food" has the meaning set forth in IC 16-18-2-351.7. A food is considered to be a TCS food if, because of the interaction of its aw and pH values, it is designated as product assessment required in Table A or B as follows: Table A. Interaction of pH and aw for control of spores in food heat-treated to destroy vegetative cells and later packaged aw values pH values 4.6 or less > 4.6 - 5.6 > 5.6 ≤0.92 non-TCS food* non-TCS food non-TCS food >0.92 - .95 non-TCS food non-TCS food PA** >0.95 non-TCS food PA PA Table B. Interaction of pH and aw for control of vegetative cells and spores in food not heat-treated or heat-treated but not packaged aw values pH values <4.2 4.2 – 4–6 >4.6 - 5.0 >5.0 <0.88 non-TCS food* non-TCS food non-TCS food non-TCS food 0.88 - 0.90 non-TCS food non-TCS food non-TCS food PA** >0.90 - 0.92 non-TCS food non-TCS food PA PA >0.92 non-TCS food PA PA PA (Indiana Department of Health; 410 IAC 7-26-125; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA) Sec. 126. "Tobacco product" has the meaning set forth in 21 U.S.C. 321(rr). (Indiana Department of Health; 410 IAC 7-26-126; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA) Sec. 127. "USDA" means the United States Department of Agriculture. (Indiana Department of Health; 410 IAC 7-26-127; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA) Sec. 128. "Utensil" means a food contact implement or container used in the storage, preparation, transportation, dispensing, sale, or service of food, such as the following: (Indiana Department of Health; 410 IAC 7-26-128; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA) Sec. 129. "Variance" means a written document issued by the department on demonstration of good cause by the person requesting the variance that authorizes a waiver, modification, or deviation from at least one (1) of the state rules concerning food handling machinery or sanitary standards for the operation of food establishments. (Indiana Department of Health; 410 IAC 7-26-129; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA) Sec. 130. "Vending machine" has the meaning set forth in IC 16-42-5-32(c). (Indiana Department of Health; 410 IAC 7-26-130; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA) Sec. 131. "Vending machine location" means the: where at least one (1) vending machine is installed and operated, and includes the storage areas and areas on the premises used to service and maintain the vending machines. (Indiana Department of Health; 410 IAC 7-26-131; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA) Sec. 132. Warewashing" means the cleaning and sanitizing of food contact surfaces of equipment and utensils. (Indiana Department of Health; 410 IAC 7-26-132; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA) Sec. 133. "Whole-muscle, intact beef" means whole-muscle beef that is not: from which beef steaks may be cut. (Indiana Department of Health; 410 IAC 7-26-133; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA) Sec. 134. (a) The owner or operator of a retail food establishment shall have a person in charge present at the retail food establishment during all hours of operation. (b) For purposes of this section, a violation of subsection (a) is a PF item. (Indiana Department of Health; 410 IAC 7-26-134; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA) Sec. 135. (a) Based on the risks of foodborne illness or injury inherent to a food operation, during inspections, the person in charge shall demonstrate to the regulatory authority knowledge of foodborne disease prevention, application of the HACCP principles, and the requirements of this rule. The person in charge shall demonstrate this knowledge by either of the following: (b) For purposes of this section, a violation of subsection (a) is a PF item. (Indiana Department of Health; 410 IAC 7-26-135; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA) Sec. 136. (a) The person in charge of a retail food establishment shall ensure the following: (b) For purposes of this section, a violation of subsections (a) [subsection (a)] is a PF item. (Indiana Department of Health; 410 IAC 7-26-136; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA) Sec. 137. (a) The owner or operator of a retail food establishment shall require food employees and conditional employees to report to the person in charge information about their health and activities as they relate to diseases that are transmissible through food. A food employee or conditional employee shall report the information in a way that allows the person in charge to reduce the risk of foodborne disease transmission, including providing additional necessary information, such as the date of onset of symptoms and an illness, or a diagnosis without symptoms, if the food employee or conditional employee: (b) The person in charge shall notify the regulatory authority when a food employee is: (c) The person in charge shall ensure that a conditional employee: (d) The person in charge shall ensure that a food employee who exhibits or reports a symptom, or reports a diagnosed illness or history of exposure as specified under subsection (a)(1) through (a)(5) is: (e) A food employee or conditional employee shall report to the person in charge the information as specified under subsection (a). (f) A food employee shall: (g) For purposes of this section, a violation of subsection (a), (c), (d), or (f) is a P item. (h) For purposes of this section, a violation of subsection (b) or (e) is a PF item. (Indiana Department of Health; 410 IAC 7-26-137; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA) Sec. 138. (a) The person in charge shall exclude or restrict a food employee under the following conditions: (b) For purposes of this section, a violation of subsection (a) is a P item. (Indiana Department of Health; 410 IAC 7-26-138; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA) Sec. 139. (a) The person in charge shall adhere to the following conditions when removing, adjusting, or retaining the exclusion or restriction of a food employee: (b) For purposes of this section, a violation of subsection (a) is a P item. (Indiana Department of Health; 410 IAC 7-26-139; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA) Sec. 140. (a) Food employees shall keep their hands and exposed portions of their arms clean. (b) For purposes of this section, a violation of subsection (a) is a P item. (Indiana Department of Health; 410 IAC 7-26-140; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA) Sec. 141. (a) Except as specified in subsection (d), food employees shall clean their hands and exposed portions of their arms, including surrogate prosthetic devices for hands or arms, for at least twenty (20) seconds, using a cleaning compound in a handwashing sink that is equipped as specified under section 347 of this rule and sections 429 through 433 of this rule. (b) Food employees shall use the following cleaning procedures in the order stated to clean their hands and exposed portions of their arms, including surrogate prosthetic devices for hands and arms: (c) To avoid recontaminating their hands or surrogate prosthetic devices, food employees may use disposable paper towels or similar clean barriers when touching surfaces, such as manually operated faucet handles on a handwashing sink or the handle of a restroom door. (d) If approved and capable of removing the types of soils encountered in the food operations involved, an automatic handwashing facility may be used by food employees to clean their hands and exposed portions of their arms or surrogate prosthetic devices. (e) For purposes of this section, a violation of subsection (a) or (b) is a P item. (Indiana Department of Health; 410 IAC 7-26-141; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA) Sec. 142. (a) Food employees shall clean their hands and exposed portions of their arms as specified under section 141 of this rule immediately before engaging in food preparation, including working with exposed food, clean equipment and utensils, and unwrapped single-service and single-use articles and: (b) For purposes of this section, a violation of subsection (a) is a P item. (Indiana Department of Health; 410 IAC 7-26-142; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA) Sec. 143. (a) Food employees shall clean their hands in a handwashing sink and may not clean their hands: (b) For purposes of this section, a violation of subsection (a) is a PF item. (Indiana Department of Health; 410 IAC 7-26-143; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA) Sec. 144. (a) A hand antiseptic used as a topical application, a hand antiseptic solution used as a hand dip, or a hand antiseptic soap must be as follows: (b) If a hand antiseptic or hand antiseptic solution used as a hand dip does not meet the criteria specified under subdivision (a)(2), use must be: (c) A hand antiseptic solution used as a hand dip must be maintained clean and at a strength equivalent to at least one hundred (100) ppm of chlorine. (d) For purposes of this section, a violation of subsection (a), (b), or (c) is a PF item. (Indiana Department of Health; 410 IAC 7-26-144; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA) Sec. 145. (a) Food employees shall keep their fingernails trimmed, filed, and maintained so the edges and surfaces are cleanable and not rough. (b) Unless wearing intact gloves in good repair, a food employee may not wear fingernail polish or artificial fingernails when working with exposed food. (c) For purposes of this section, a violation of subsection (a) or (b) is a PF item. (Indiana Department of Health; 410 IAC 7-26-145; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA) Sec. 146. (a) Except for a plain ring, such as a wedding band, food employees may not wear jewelry, including medical information jewelry on their arms and hands, while preparing food. (b) For purposes of this section, a violation of subsection (a) is a core item. (Indiana Department of Health; 410 IAC 7-26-146; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA) Sec. 147. (a) Food employees shall wear clean outer clothing to prevent contamination of: (b) For purposes of this section, a violation of subsection (a) is a core item. (Indiana Department of Health; 410 IAC 7-26-147; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA) Sec. 148. (a) Except as specified in subsection (b), an employee may chew gum, eat and drink food, or use any form of tobacco products only in designated areas where the contamination of: cannot result. (b) A food employee may drink from a closed beverage container if the container is handled to prevent contamination of: (c) For purposes of this section, a violation of subsection (a) is a core item. (Indiana Department of Health; 410 IAC 7-26-148; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA) Sec. 149. (a) Food employees experiencing persistent sneezing, coughing, or a runny nose that causes discharges from the eyes, nose, or mouth may not work with any of the following: (b) For purposes of this section, a violation of subsection (a) is a core item. (Indiana Department of Health; 410 IAC 7-26-149; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA) Sec. 150. (a) If used, an impermeable cover, such as a bandage, finger cot, or finger stall located on the wrist, hand, or finger of a food employee working with exposed food, must be covered with a single-use glove. (b) For purposes of this section, a violation of subsection (a) is a core item. (Indiana Department of Health; 410 IAC 7-26-150; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA) Sec. 151. (a) Food employees shall wear hair restraints, such as hats, hair coverings or nets, beard restraints, and clothing that covers body hair, designed and worn to effectively keep their hair from contacting: (b) This section does not apply to food employees, such as counter staff who only serve beverages and wrapped or packaged foods, hostesses, and wait staff, if they present a minimal risk of contaminating: (c) For purposes of this section, a violation of subsection (a) is a core item. (Indiana Department of Health; 410 IAC 7-26-151; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA) Sec. 152. (a) Except as specified in subsection (b), food employees may not care for or handle animals that may be present, including patrol dogs, service animals, or pets that are allowed as specified in section 454(b)(2) through 454(b)(5) of this rule. (b) Food employees with service animals may handle or care for their service animals and handle or care for fish in aquariums, or molluscan shellfish or crustacea in display tanks, if the food employees wash their hands as specified under sections 141 and 142(a)(3) of this rule. (c) For purposes of this section, a violation of subsection (a) is a PF item. (Indiana Department of Health; 410 IAC 7-26-152; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA) Sec. 153. (a) A retail food establishment shall have written procedures for employees to follow when responding to vomiting or diarrheal events that involve the discharge of vomitus or fecal matter onto surfaces in the retail food establishment. The procedures must address the specific actions employees shall take to minimize the spread of contamination and the exposure of employees, consumers, food, and surfaces to vomitus or fecal matter. (b) For purposes of this section, a violation of subsection (a) is a PF item. (Indiana Department of Health; 410 IAC 7-26-153; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA) Sec. 154. (a) Food must be safe, unadulterated, and, as specified under section 220 of this rule, honestly presented. (b) Food may not be misbranded. (c) For purposes of this section, a violation of subsection (a) or (b) is a P item. (Indiana Department of Health; 410 IAC 7-26-154; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA) Sec. 155. (a) Food must be obtained from sources that comply with law at least equivalent to Indiana law. (b) Food prepared in a private home, including food prepared for sale under IC 16-42-5.3, may not be used or offered for human consumption in a retail food establishment. (c) Packaged food must be labeled as specified: (d) Fish, other than those specified in section 203(b) of this rule, intended for consumption in a raw or an undercooked form and allowed as specified in section 198(d) of this rule, may be offered for sale or service if they are: (e) Whole-muscle intact beef steaks intended for consumption in an undercooked form without a consumer advisory as specified in section (c) of this rule [subsection (c)] must be: (f) Meat and poultry that is not a ready-to-eat food and in a packaged form when it is offered for sale or otherwise offered for consumption must: (g) Eggs that have not been specifically treated to destroy all viable Salmonellae shall be labeled to include safe handling instructions as specified in law, including 21 CFR 101.17(h). (h) For purposes of this section, a violation of subsection (a), (b), or (e)(3)(A) is a P item. (i) For purposes of this section, a violation of subsection (c), (d), (e)(1), (e)(2), or (e)(3)(B) is a PF item. (j) For purposes of this section, a violation of subsection (f) or (g) is a core item. (Indiana Department of Health; 410 IAC 7-26-155; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA) Sec. 156. (a) Food in a hermetically sealed container must be obtained from a food processing plant that is regulated by the food regulatory agency that has jurisdiction over the plant. (b) For purposes of this section, a violation of subsection (a) is a P item. (Indiana Department of Health; 410 IAC 7-26-156; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA) Sec. 157. (a) Fluid milk and milk products must be obtained from sources that comply with Grade A standards as specified in law. (b) For purposes of this section, a violation of subsection (a) is a P item. (Indiana Department of Health; 410 IAC 7-26-157; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA) Sec. 158. (a) Except as specified in subsection (b), fish that are received for sale or service must be: (b) Recreationally caught fish may be prepared by a retail food establishment determined by the regulatory authority to be able to safely accommodate those fish, under the following conditions: (c) For purposes of this section, a violation of subsection (a) or (b) is a P item. (Indiana Department of Health; 410 IAC 7-26-158; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA) Sec. 159. (a) Molluscan shellfish must be obtained from sources according to law and the requirements specified in the United States Department of Health and Human Services, Public Health Service, FDA National Shellfish Sanitation Program Guide for the Control of Molluscan Shellfish. (b) Molluscan shellfish received in interstate commerce must be from sources listed in the Interstate Certified Shellfish Shippers List. (c) For purposes of this section, a violation of subsection (a) or (b) is a P item. (Indiana Department of Health; 410 IAC 7-26-159; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA) Sec. 160. (a) Mushroom species picked in the wild may not be offered, for sale or service by a retail food establishment, unless the following conditions are met: (b) The documentation in subsection (a)(2) must be retained as paper or electronic records for at least one (1) year after the last date of sale of an identified group of wild mushrooms. (c) This section does not apply to: (d) For purposes of this section, a violation of subsection (a) or (b) is a P item. (Indiana Department of Health; 410 IAC 7-26-160; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA) Sec. 161. (a) If game animals are received for sale or service, they must be slaughtered and processed under a state or federal inspection program with requirements that are at least equal to the requirements of IC 15-17-5. (b) This section does not apply to retail food establishments that only custom slaughter or process for a person a raw product of an animal species not subject to IC 15-17-5. (c) For purposes of this section, a violation of subsection (a) is a P item. (Indiana Department of Health; 410 IAC 7-26-161; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA) Sec. 162. (a) Except as specified in subsection (b), refrigerated TCS food must be at a temperature not greater than forty-one (41) degrees Fahrenheit, or five (5) degrees Celsius when received. (b) If a temperature other than forty-one (41) degrees Fahrenheit, or five (5) degrees Celsius, for a TCS food is specified by law governing its distribution, such as laws governing milk and molluscan shellfish, the food may be received at the specified temperature. (c) Raw shell eggs shall be received in refrigerated equipment that maintains an ambient air temperature not greater than forty-five (45) degrees Fahrenheit, or seven (7) degrees Celsius. (d) TCS food that is cooked to a temperature and for a time specified under sections 198, 199, or 200 of this rule and received hot must be at a temperature not less than one hundred thirty-five (135) degrees Fahrenheit, fifty-seven (57) degrees Celsius. (e) A food labeled frozen and shipped frozen by a food processing plant must be received frozen. (f) Upon receipt, TCS food must be free of evidence of previous temperature abuse. (g) For purposes of this section, a violation of subsection (a), (c), or (d) is a P item. (h) For purposes of this section, a violation of subsection (e) or (f) is a PF item. (Indiana Department of Health; 410 IAC 7-26-162; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA) Sec. 163. (a) Food may not contain unapproved food additives or additives that exceed amounts as specified in: (b) For purposes of this section, a violation of subsection (a) is a P item. (Indiana Department of Health; 410 IAC 7-26-163; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA) Sec. 164. (a) Raw, in-shell chicken eggs must be received clean and sound, and may not exceed the restricted egg tolerances for U.S. Consumer Grade B as specified in United States Standards, Grades, and Weight Classes for Shell Eggs, AMS 56.200 et seq., administered by the Agricultural Marketing Service of USDA to the extent these requirements are consistent with IC 16-42-11 and rules authorized by that law. (b) Eggs that are not the product of a domesticated chicken must be received clean and sound from a source registered with a regulatory authority. (c) For purposes of this section, a violation of subsection (a) or (b) is a P item. (Indiana Department of Health; 410 IAC 7-26-164; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA) Sec. 165. (a) Egg products must be obtained pasteurized. (b) Fluid and dry milk and milk products shall: (c) Frozen milk products, such as ice cream, must be obtained pasteurized as specified in 21 CFR 135. (d) Cheese must be obtained pasteurized unless alternative procedures to pasteurization are specified in federal law. (e) For purposes of this section, a violation of subsection (a), (b), (c), or (d) is a P item. (Indiana Department of Health; 410 IAC 7-26-165; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA) Sec. 166. (a) Food packages must be in good condition and protect the integrity of the contents so that the food is not exposed to adulteration or potential contaminants. (b) For purposes of this section, a violation of subsection (a) is a PF item. (Indiana Department of Health; 410 IAC 7-26-166; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA) Sec. 167. (a) Ice for use as a food, or a cooling medium for food, must be made from drinking water. (b) For purposes of this section, a violation of subsection (a) is a P item. (Indiana Department of Health; 410 IAC 7-26-167; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA) Sec. 168. (a) When received by a retail food establishment, shellstock must be reasonably free of mud, dead shellstock, and shellstock with broken shells. Dead shellstock with badly broken shells must be discarded. (b) For purposes of this section, a violation of subsection (a) is a core item. (Indiana Department of Health; 410 IAC 7-26-168; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA) Sec. 169. (a) Except as specified in subdivision (b) [subsection (b)] , molluscan shellfish must be obtained in nonreturnable packages or containers that bear a legible tag or label that identifies the: (b) When a two-tag harvester or dealer system is used, the dealer tag must meet the requirements identified in subsection (a)(1). When both the dealer and harvester tags appear on the container, the dealer's tag is not required to duplicate the information on the harvester's tag. (c) A container of raw molluscan shellfish that does not bear a tag or label, or bears a tag or label that does not contain all the information as specified under the Model Ordinance shall be subject to a hold order, or seizure and destruction, as allowed by law. (d) For purposes of this section, a violation of subsection (a) is a PF item. (e) For purposes of this section, a violation of subsection (b) or (c) is a core item. (Indiana Department of Health; 410 IAC 7-26-169; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA) Sec. 170. (a) Prepackaged juice must be obtained: (b) For purposes of this section, a violation of subsection (a)(1) is a PF item. (c) For purposes of this section, a violation of subsection (a)(2) is a P item. (Indiana Department of Health; 410 IAC 7-26-170; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA) Sec. 171. (a) Except as specified in subsections (c), (d), and (e), molluscan shellfish may not be removed from the container in which they are received other than immediately before sale or preparation for service. (b) Molluscan shellfish from one (1) tagged or labeled container may not be commingled with molluscan shellfish from another container with different certification numbers, harvest dates, or growing areas identified on the tag or label before being ordered by the consumer. (c) For display purposes, shellstock and in-shell product may be removed from the container in which they are received, displayed on drained ice or held in a display container, and a quantity specified by a consumer may be removed from the display or display container and provided to the consumer if the: (d) Shucked shellfish may be removed from the container in which they were received and held in a display container from which individual servings are dispensed upon a consumer's request if the: (e) Shucked shellfish may be removed from the container in which they were received and repacked in consumer self-service containers if the: (f) For purposes of this section, a violation of subsection (b) is a PF item. (g) For purposes of this section, a violation of subsection (a) is a core item. (Indiana Department of Health; 410 IAC 7-26-171; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA) Sec. 172. (a) Except as specified under subsection (d), molluscan shellfish tags or labels must remain attached to the container in which the shellstock are received until the container is empty. (b) The date when the last molluscan shellfish from the container is sold or served must be recorded on the tag, label, or invoice. (c) The identity of the source of molluscan shellfish sold or served must be maintained by retaining product tags, labels, or invoices for ninety (90) calendar days from the date recorded on the tag, label, or invoice, as specified under subsection (b), by using an approved record keeping system that keeps the tags, labels, or invoice in chronological order correlated to the date that is recorded on the tag, label, or invoice, as specified under subsection (b). (d) If shellstock, shucked shellfish, or in-shell product are removed from its tagged or labeled container the source, identification will be preserved by using a record under subsection (c). (e) A certification number must be included on the shellfish tag. Each shellfish certification number must consist of a one (1) to five (5) digit Arabic number preceded by the two (2) letter state abbreviation, and followed by a two (2) letter abbreviation for the type of activity or activities the dealer is qualified to perform in accordance with this provision of the National Shellfish Sanitation Program using the terms in the following tables: Table A. Certifications Table B. Permits ACRONYM TERM ACRONYM TERM SP Shucker Packer PHP Post-Harvest Processing RP Repacker AQ Aquaculture SS Shellstock Shipper WS Wet Storage RS Reshipper (f) For purposes of this section, a violation of subsection (a), (b), (c), (d), or (e) is a PF item. (Indiana Department of Health; 410 IAC 7-26-172; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA) Sec. 173. (a) Food employees shall wash their hands as specified under section 141 of this rule. (b) Except when washing fruits and vegetables as specified under section 179 of this rule or as specified in subsections (d) and (e), food employees may not contact exposed, ready-to-eat food with their bare hands and shall use suitable utensils, such as: (c) Food employees shall minimize bare hand and arm contact with exposed food that is not in a ready-to-eat form. (d) Subsection (b) does not apply to a food employee who contacts exposed, ready-to-eat food with bare hands at the time the ready-to-eat food is being added as an ingredient to a food that: (e) Food employees not serving a highly susceptible population may contact exposed, ready-to-eat food with their bare hands if [sic] as follows: (f) For purposes of this section, a violation of subsection (b) is a P item. (g) For purposes of this section, a violation of subsection (c) is a PF item. (h) For purposes of this section, a violation subsection (a) is a core item. (Indiana Department of Health; 410 IAC 7-26-173; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA) Sec. 174. (a) A food employee may not reuse a utensil once it has been used to taste food that is to be sold or served. (b) For purposes of this section, a violation of subsection (a) is a P item. (Indiana Department of Health; 410 IAC 7-26-174; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA) Sec. 175. (a) Food must be protected from cross-contamination by the following: (b) Subsection (a)(4) does not apply to the following: (c) For purposes of this section, a violation of subsection (a)(1)(A) through (a)(1)(C) or subsection (a)(2) is a P item. (d) For purposes of this section, a violation of subsection (a)(3) through (a)(8) is a core item. (Indiana Department of Health; 410 IAC 7-26-175; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA) Sec. 176. (a) Except for containers holding food that can be readily and unmistakably recognized, such as dry pasta, working containers holding food or food ingredients that are removed from their original packages for use in the retail food establishment, including: must be identified with the common name of the food. (b) For purposes of this section, a violation of subsection (a) is a core item. (Indiana Department of Health; 410 IAC 7-26-176; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA) Sec. 177. (a) Pasteurized eggs or egg products may be substituted for raw eggs in the preparation of foods, such as Caesar salad, hollandaise or Béarnaise sauce, mayonnaise, meringue, eggnog, ice cream, and egg-fortified beverages that are not: (b) For purposes of this section, a violation of subsection (a) is a P item. (Indiana Department of Health; 410 IAC 7-26-177; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA) Sec. 178. (a) As specified in section 163 of this rule, food must be protected from contamination that may result from the addition of: (b) A food employee shall not: (c) For purposes of this section, a violation of subsection (a) or (b) is a P item. (Indiana Department of Health; 410 IAC 7-26-178; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA) Sec. 179. (a) Except as specified in subsection (b), and except for whole, raw fruits and vegetables intended for washing by the consumer before consumption, raw fruits and vegetables must be thoroughly washed in water to remove soil and other contaminants before being cut, combined with other ingredients, cooked, served, or offered for human consumption in ready-to-eat form. (b) Fruits and vegetables may be washed by using chemicals as specified under section 462 of this rule and a test kit or other device that accurately measures the active ingredient concentration of the fruit and vegetable wash solution may be used. (c) Devices used for onsite generation of chemicals meeting the requirements specified in 21 CFR 173.315 for the washing of raw, whole fruits and vegetables shall be used in accordance with the manufacturer's instructions. (d) For purposes of this section, a violation of subsection (a) is a core item. (e) For purposes of this section, a violation of subsection (c) is a PF item. (Indiana Department of Health; 410 IAC 7-26-179; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA) Sec. 180. (a) After use as a medium for cooling the exterior surfaces of: ice may not be used as food. (b) For purposes of this section, a violation of subsection (a) is a P item. (Indiana Department of Health; 410 IAC 7-26-180; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA) Sec. 181. (a) Packaged food may not be stored in direct contact with ice or water if the food is subject to the entry of water because of the nature of its packaging, wrapping, or container or its positioning in the ice or water. (b) Except as specified in subsections (c) and (d), unpackaged food may not be stored in direct contact with undrained ice. (c) The following may be immersed in ice or water: (d) Raw poultry and fish received immersed in ice in shipping containers may remain in that condition while in storage awaiting preparation, display, service, or sale. (e) For purposes of this section, a violation of subsection (a) or (b) is a core item. (Indiana Department of Health; 410 IAC 7-26-181; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA) Sec. 182. (a) Food may only contact surfaces of: (b) For purposes of this section, a violation of subsection (a) is a P item. (Indiana Department of Health; 410 IAC 7-26-182; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA) Sec. 183. (a) During pauses in food preparation or dispensing, food preparation and dispensing utensils shall be stored: (b) For purposes of this section, a violation of subsection (a) is a core item. (Indiana Department of Health; 410 IAC 7-26-183; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA) Sec. 184. (a) Linens, such as cloth napkins, may not be used in contact with food unless they are used to line a container for the service of foods and the linens and napkins are replaced each time the container is refilled for a new consumer. (b) For purposes of this section, a violation of subsection (a) is a core item. (Indiana Department of Health; 410 IAC 7-26-184; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA) Sec. 185. (a) Cloths in use for wiping food spills from tableware and carry-out containers that occur as food is being served must be: (b) Cloths in use for wiping counters and other equipment surfaces must be: (c) Cloths in use for wiping surfaces in contact with raw animal foods must be kept separate from cloths used for other purposes. (d) Dry wiping cloths and the chemical sanitizing solutions specified in subsection (b)(1) in which wet wiping cloths are held between uses must be free of food debris and visible soil. (e) Containers of chemical sanitizing solutions specified in subsection (b)(1) in which wet wiping cloths are held between uses must be stored off the floor and used in a manner that prevents contamination of food, equipment, utensils, linens, single-service, or single-use articles. (f) Single-use disposable sanitizer wipes must be used in accordance with EPA approved manufacturer's label use instructions. (g) For purposes of this section, a violation of subsections (a) through (f) is a core item. (Indiana Department of Health; 410 IAC 7-26-185; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA) Sec. 186. (a) If used, single-use gloves shall be: (b) Except as specified in subsection (c), slash-resistant gloves used to protect the hands during operations requiring cutting shall be used in direct contact only with food that is subsequently cooked as specified under sections 198 through 207 of this rule, such as frozen food or a primal cut of meat. (c) Slash-resistant gloves may be used with ready-to-eat food that will not be subsequently cooked if the slash-resistant gloves: (d) Cloth gloves may not be used in direct contact with food unless the food is subsequently cooked as required under sections 198 through 207 of this rule, such as frozen food or a primal cut of meat. (e) For purposes of this section, a violation of subsection (a) is a P item. (f) For purposes of this section, a violation of subsection (b), (c), or (d) is a core item. (Indiana Department of Health; 410 IAC 7-26-186; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA) Sec. 187. (a) Except for refilling a consumer's drinking cup or container without contact between the pouring utensil and the lip contact area of the drinking cup or container, food employees may not use tableware, including single-service articles, soiled by the consumer, to provide second portions or refills. (b) Except as specified in subsection (c), self-service consumers may not be allowed to use soiled tableware, including single-service articles, to obtain additional food from the display and serving equipment. (c) Drinking cups and containers may be reused by self-service consumers if refilling is a contamination-free process as specified under section 251(a)(1), 251(a)(2), and 251(a)(4) of this rule. (d) For purposes of this section, a violation of subsection (a) or (b) is a core item. (Indiana Department of Health; 410 IAC 7-26-187; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA) Sec. 188. (a) Except as specified in subsections (b) through (e), empty containers returned to a retail food establishment for cleaning and refilling with food must be cleaned and refilled in a regulated food processing plant. (b) A take-home food container returned to a retail food establishment may be refilled with food if the container is: (c) A take-home food container returned to a retail food establishment may be refilled at the establishment with a beverage if: (d) Consumer owned, personal take-out beverage containers, such as: may be refilled by employees or the consumer if refilling is a contamination-free process as specified under section 251(a)(1), 251(a)(2), and 251(a)(4) of this rule. (e) Consumer owned containers that are not food-specific may be filled at a water vending machine or system. (f) For purposes of this section, a violation of subsection (a), (b)(1), (b)(4)(B), or (b)(4)(C) is a P item. (Indiana Department of Health; 410 IAC 7-26-188; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA) Sec. 189. (a) Except as specified in subsections (b) and (c), food must be protected from contamination by storing the food as follows: (b) Food in packages and working containers may be stored less than six (6) inches, fifteen (15) centimeters, above the floor on case lot handling equipment as specified under section 270 of this rule. (c) Pressurized beverage containers, cased food in waterproof containers, such as bottles or cans, or milk containers in plastic crates may be stored on a floor that is clean and not exposed to floor moisture. (d) For purposes of this section, a violation of subsection (a) is a core item. (Indiana Department of Health; 410 IAC 7-26-189; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA) Sec. 190. (a) Food may not be stored: (b) For purposes of this section, a violation of subsection (a)(2) is a PF item. (c) For purposes of this section, a violation of subsection (a)(1) or subsection (a)(3) through (a)(9) is a core item. (Indiana Department of Health; 410 IAC 7-26-190; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA) Sec. 191. (a) TCS food dispensed through a vending machine must be in the package in which it was placed at the retail food establishment or food processing plant at which it was prepared. (b) For purposes of this section, a violation of subsection (a) is a core item. (Indiana Department of Health; 410 IAC 7-26-191; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA) Sec. 192. (a) During preparation, unpackaged food must be protected from environmental sources of contamination. (b) For purposes of this section, a violation of subsection (a) is a core item. (Indiana Department of Health; 410 IAC 7-26-192; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA) Sec. 193. (a) Except for nuts in the shell and whole, raw fruits and vegetables intended for hulling, peeling, or washing by the consumer before consumption, food on display must be protected from contamination by the use of: (b) For purposes of this section, a violation of subsection (a) is a P item. (Indiana Department of Health; 410 IAC 7-26-193; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA) Sec. 194. (a) Condiments must be protected from contamination by being kept in: (b) Condiments at a vending machine or micro market location must be in individual packages or provided in dispensers that are filled at an approved location, such as the following: (c) For purposes of this section, a violation of subsection (a) or (b) is a core item. (Indiana Department of Health; 410 IAC 7-26-194; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA) Sec. 195. (a) Raw, unpackaged animal food, such as beef, lamb, pork, poultry, and fish may not be offered for consumer self-service. This section does not apply to: (b) Consumer self-service operations for ready-to-eat foods shall be provided with suitable utensils or effective dispensing methods that protect the food from contamination. (c) Consumer self-service operations, such as buffets and salad bars, shall be monitored by food employees trained in safe operating procedures. (d) For purposes of this section, a violation of subsection (a) is a P item. (e) For purposes of this section, a violation of subsection (b) or (c) is a PF item. (Indiana Department of Health; 410 IAC 7-26-195; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA) Sec. 196. (a) Except as specified in subsection (b), after being served or sold and in the possession of a consumer, food that is unused or returned by the consumer may not be offered as food for human consumption. (b) Except as specified under section 225(a)(7) of this rule, a container of food that is not a TCS food may be re-served from one (1) consumer to another if: (c) For purposes of this section, a violation of subsection (a) or (b) is a P item. (Indiana Department of Health; 410 IAC 7-26-196; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA) Sec. 197. (a) Food must be protected from contamination that may result from a factor or source not specified under sections 173 through 196 of this rule or section 489 of this rule. (b) For purposes of this section, a violation of subsection (a) is either a P, PF, or core item based on the regulatory authority's determination of whether or not the violation significantly contributes to food contamination, an illness, or an environmental health hazard. (Indiana Department of Health; 410 IAC 7-26-197; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA) Sec. 198. (a) Except as specified under subsections (b) through (d), raw animal foods, such as eggs, fish, meat, poultry, and foods containing these raw animal foods, must be cooked to heat all parts of the food to a temperature and for a time that complies with one (1) of the following methods based on the food that is being cooked: Minimum Temperature °F (°C) Minimum Time 145 (63) 3 minutes 150 (66) 1 minute 158 (70) < 1 second (instantaneous) (b) Whole meat roasts, including beef, corned beef, lamb, pork, and cured pork roasts, such as ham, must be cooked: Oven Type Oven Temperature Based on Roast Weight Less than 10 lbs (4.5 kg) 10 lbs (4.5 kg) or More Still Dry 350oF (177oC) or more 250oF (121oC) or more Convection 325oF (163oC) or more 250oF (121oC) or more High Humidity1 250oF (121oC) or less 250oF (121oC) or less 1 Relative humidity greater than 90% for at least 1 hour as measured in the cooking chamber or exit of the oven; or in a moisture-impermeable bag that provides 100% humidity. Temperature°F (°C) Time1 in Minutes Temperature°F (°C) Time1 in Seconds 130 (54.4) 112 147 (63.9) 134 131 (55.0) 89 149 (65.0) 85 133 (56.1) 56 151 (66.1) 54 135 (57.2) 36 153 (67.2) 34 136 (57.8) 28 155 (68.3) 22 138 (58.9) 18 157 (69.4) 14 140 (60.0) 12 158 (70.00) 0 142 (61.1) 8 144 (62.2) 5 145 (62.8) 4 1 Holding time may include post-oven heat rise. (c) A raw or an undercooked whole-muscle intact beef steak may be served or offered for sale in a ready-to-eat form if: (d) A raw animal food or partially cooked food may be served or offered for sale upon consumer request or selection in a ready-to-eat form if either: (e) For purposes of this section, a violation of subsection (a)(1) [sic], (a)(1)(A), (a)(1)(B), (a)(2), (a)(3), or (b)(2) is a P item. (f) For purposes of this section, a violation of subsection (b)(1) is a PF item. (Indiana Department of Health; 410 IAC 7-26-198; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA) Sec. 199. (a) Raw animal foods cooked in a microwave oven must be: (b) For purposes of this section, a violation of subsection (a)(3) is a P item. (c) For purposes of this section, a violation of subsection (a)(1), (a)(2), or (a)(4) is a core item. (Indiana Department of Health; 410 IAC 7-26-199; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA) Sec. 200. (a) Plant foods and any TCS foods not included under sections 198 and 199 of this rule that are cooked for hot holding must be cooked to a temperature of one hundred thirty-five (135) degrees Fahrenheit, fifty-seven (57) degrees Celsius. (b) For purposes of this section, a violation of subsection (a) is a PF item. (Indiana Department of Health; 410 IAC 7-26-200; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA) Sec. 201. (a) Raw animal foods cooked using a noncontinuous cooking process must be: (b) For purposes of this section, a violation of subsection (a)(1), (a)(2), (a)(3), (a)(4), or (a)(5) is a P item. (c) For purposes of this section, a violation of subsection (a)(6) is a PF item. (Indiana Department of Health; 410 IAC 7-26-201; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA) Sec. 202. (a) Commercially packaged foods that bear a manufacturer's cooking instructions must be cooked according to those instructions before: unless the manufacturer's instructions specify that the food may be consumed without cooking. (b) Food for which the manufacturer has provided information that it has not been processed to control pathogens when used in ready–to–eat foods or offered for human consumption must be cooked according to a time and temperature appropriate for the food. (c) For purposes of this section, a violation of subsection (a) or (b) is a P item. (Indiana Department of Health; 410 IAC 7-26-202; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA) Sec. 203. (a) Before service or sale in ready-to-eat form, raw, raw-marinated, partially cooked, or marinated-partially cooked fish must be: (b) Subsection (a) does not apply to the following: (c) For purposes of this section, a violation of subsection (a) is a P item. (Indiana Department of Health; 410 IAC 7-26-203; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA) Sec. 204. (a) Except as provided in subsection (b), and as specified in section 203(b) of this rule, if raw, raw-marinated, partially cooked, or marinated-partially cooked fish are served or sold in ready-to-eat form, the person in charge shall record the freezing temperature and time to which the fish are subjected and retain the records of the retail food establishment for ninety (90) calendar days beyond the time of service or sale of the fish. (b) If fish are frozen by a supplier, a written agreement or statement from the supplier stipulating that the fish supplied are frozen to a temperature and for a time specified under section 203 of this rule may be substituted for the records specified under subsection (a). (c) If raw, raw-marinated, partially cooked, or marinated-partially cooked fish are served or sold in ready-to-eat form, and the fish are raised and fed as specified in section 203(b)(4) of this rule, a written agreement or statement from the supplier or aquaculturist stipulating that the fish were raised and fed as specified in section 203(b)(4) of this rule shall be obtained by the person in charge and retained in the records of the retail food establishment for ninety (90) calendar days beyond the time of service or sale of the fish. (d) For purposes of this section, a violation of subsection (a) or (c) is a PF item. (Indiana Department of Health; 410 IAC 7-26-204; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA) Sec. 205. (a) Cooked and refrigerated food prepared for immediate service in response to an individual consumer order, such as a roast beef sandwich au jus, may be served at any temperature. (b) For purposes of this section, a violation of subsection (a) is a core item. (Indiana Department of Health; 410 IAC 7-26-205; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA) Sec. 206. (a) Except as specified under subsections (b), (c), and (e), TCS food that is cooked, cooled, and reheated for hot holding must be reheated so that all parts of the food reach a temperature of at least one hundred sixty-five (165) degrees Fahrenheit, seventy-four (74) degrees Celsius, for fifteen (15) seconds. (b) Except as specified under subsection (c), TCS food reheated in a microwave oven for hot holding must be reheated so that all parts of the food reach a temperature of at least one hundred sixty-five (165) degrees Fahrenheit, seventy-four (74) degrees Celsius, and the food is rotated or stirred, covered, and allowed to stand covered for two (2) minutes after reheating. (c) Ready-to-eat TCS food that has been commercially processed and packaged in a food processing plant that is inspected by the regulatory authority that has jurisdiction over the plant must be heated to a temperature of at least one hundred thirty-five degrees (135) Fahrenheit, fifty-seven (57) degrees Celsius, when reheated for hot holding. (d) Reheating for hot holding as specified under subsections (a) through (c) must be done rapidly and when food is between forty-one (41) degrees Fahrenheit, five (5) degrees Celsius, and the temperatures specified under subsections (a) through (c) may not exceed two (2) hours. (e) Remaining unsliced portions of meat roasts that are cooked as specified under section 198(b) of this rule may be reheated for hot holding using the oven parameters and minimum time and temperature conditions specified under section 198(b) of this rule. (f) For purposes of this section, a violation of subsection (a), (b), (c), or (d) is a P item. (Indiana Department of Health; 410 IAC 7-26-206; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA) Sec. 207. (a) Juice packaged in a retail food establishment must be labeled as specified under section 221 of this rule. (b) Treated juice must follow the HACCP plan as specified in section 486(a)(2) through 486(a)(5) of this rule to attain a 5-log reduction, which is equal to a ninety-nine and nine hundred ninety-nine thousandths percent (99.999%) reduction, of the most resistant microorganism of public health significance. (c) Juices that have not been treated as described in subsection (b) must be labeled as specified under section 221 of this rule and 21 CFR 101.17(g), including bearing the following statement: "WARNING: This product has not been pasteurized and, therefore, may contain harmful bacteria that can cause serious illness in children, the elderly, and persons with weakened immune systems.". (d) For purposes of this section, a violation of subsection (a) or (b) is a P item. (e) For purposes of this section, a violation of subsection (c) is a PF item. (Indiana Department of Health; 410 IAC 7-26-207; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA) Sec. 208. (a) Stored frozen foods must be maintained frozen. (b) For purposes of this section, a violation of subsection (a) is a core item. (Indiana Department of Health; 410 IAC 7-26-208; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA) Sec. 209. (a) Frozen TCS food that is slacked to moderate the temperature must be held: (b) For purposes of this section, a violation of subsection (a) is a core item. (Indiana Department of Health; 410 IAC 7-26-209; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA) Sec. 210. (a) Except as specified in subdivision (4), TCS food must be thawed: (b) Reduced oxygen packaged fish that bears a label indicating it is to be kept frozen until time of use must be removed from the reduced oxygen environment: (c) For purposes of this section, a violation of subsection (a)(1) through (a)(3) is a PF item. (d) For purposes of this section, a violation of subsection (b) is a core item. (Indiana Department of Health; 410 IAC 7-26-210; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA) Sec. 211. (a) Cooked TCS food must be cooled as follows: (b) TCS food must be cooled within four (4) hours to forty-one (41) degrees Fahrenheit, five (5) degrees Celsius, or less if prepared from ingredients at ambient temperature, such as reconstituted foods and canned tuna. (c) Except as specified under subsection (d), a TCS food received in compliance with laws allowing a temperature above forty-one (41) degrees Fahrenheit, five (5) degrees Celsius, during shipment from the supplier as specified in section 162(b) of this rule must be cooled within four (4) hours to not more than forty-one (41) degrees Fahrenheit, five (5) degrees Celsius. (d) Raw shell eggs must be received as specified under section 162(c) of this rule and immediately placed in refrigerated equipment that maintains an ambient air temperature of not more than forty-five (45) degrees Fahrenheit, seven (7) degrees Celsius. (e) For purposes of this section, a violation of subsection (a), (b), (c), or (d) is a P item. (Indiana Department of Health; 410 IAC 7-26-211; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA) Sec. 212. (a) Cooling methods shall be conducted under the time and temperature criteria specified under section 211 of this rule by using at least one (1) of the following methods based on the type of food being cooled: (b) When placed in cooling or cold holding equipment, food containers in which food is being cooled must be: (c) For purposes of this section, a violation of subsection (a) is a PF item. (d) For purposes of this section, a violation of subsection (b) is a core item. (Indiana Department of Health; 410 IAC 7-26-212; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA) Sec. 213. (a) Except during preparation, cooking, or cooling, or when time is used as the public health control as specified under section 216 of this rule, and except as specified under subsections (b) and (c), TCS food must be maintained: (b) Raw shell eggs that have not been treated to destroy all viable Salmonellae must be stored in refrigerated equipment that maintains an ambient air temperature of forty-five (45) degrees Fahrenheit, seven (7) degrees Celsius, or less. (c) TCS food in a homogenous liquid form may be maintained outside the temperature control requirements, as specified under subsection (a), while contained within specially designed equipment that complies with the design and construction requirements as specified under section 251(a)(5) of this rule. (d) For purposes of this section, a violation of subsection (a) or (b) is a P item. (Indiana Department of Health; 410 IAC 7-26-213; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA) Sec. 214. (a) Except when packaging food using a reduced oxygen packaging method as specified under section 218 of this rule, and except as specified in subsection (e), refrigerated, ready-to-eat TCS food prepared on-premises and held in a retail food establishment for more than twenty-four (24) hours must be clearly marked to indicate the date or day by which the food must be consumed on the premises, sold, or discarded when held at a temperature of not more than forty-one (41) degrees Fahrenheit, five (5) degrees Celsius for a maximum of seven (7) days. The day of preparation is counted as day one (1). (b) Except as specified in subsections (e) and (f), refrigerated, ready-to-eat TCS food prepared and packaged by a food processing plant must be clearly marked, at the time the original container is opened in a retail food establishment and if the food is held for more than twenty-four (24) hours, to indicate the date or day by which the food must be consumed on the premises, sold, or discarded, based on the temperature and time combinations specified in subsection (a) and the following apply: (c) A refrigerated, ready-to-eat TCS food or portion of a refrigerated TCS food that is subsequently combined with additional ingredients or portions of food must retain the date marking of the earliest or first prepared ingredient. (d) A date marking system that meets the criteria stated in subsections (a) and (b) may include: (e) Subsections (a) and (b) do not apply to: (g) For purposes of this section, a violation of subsection (a), (b), or (c) is a PF item. (Indiana Department of Health; 410 IAC 7-26-214; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA) Sec. 215. (a) A food specified in section 214(a) or 214(b) of this rule must be discarded if it: (b) Refrigerated, ready-to-eat TCS food prepared in a retail food establishment and dispensed through a vending machine with an automatic shutoff control must be discarded if it exceeds a temperature and time combination as specified in section 214(a) of this rule. (c) For purposes of this section, a violation of subsection (a) or (b) is a P item. (Indiana Department of Health; 410 IAC 7-26-215; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA) Sec. 216. (a) Except as specified under subsection (d), if time without temperature control is used as the public health control for a working supply of TCS food before cooking, or for ready-to-eat TCS food displayed or held for sale or service: (b) The following apply if time without temperature control is used as the public health control for not more than four (4) hours: (c) The following apply if time without temperature control is used as the public health control for not more than six (6) hours: (d) A retail food establishment that serves a highly susceptible population may not use time as specified under subsections (a), (b), or (c) [subsection (a), (b), or (c)] as the public health control for raw eggs. (e) For purposes of this section, a violation of subsection (b)(1), (b)(4), (b)(5), (c)(1), (c)(4), or (c)(5) is a P item. (f) For purposes of this section, a violation of subsection (a), (b)(3), (c)(2), or (c)(3) is a PF item. (g) For purposes of the section, a violation of subsections (b)(2) and (d) is a core item. (Indiana Department of Health; 410 IAC 7-26-216; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA) Sec. 217. (a) An owner or operator of a retail food establishment must obtain a variance from the department as specified under section 483 of this rule before doing the following: (b) For purposes of this section, a violation of subsection (a) is a PF item. (Indiana Department of Health; 410 IAC 7-26-217; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA) Sec. 218. (a) Except for a retail food establishment that obtains a variance as specified under section 217 of this rule, a retail food establishment that packages TCS food using a reduced oxygen packaging method shall control the growth and toxin formation of Clostridium botulinum and the growth of Listeria monocytogenes. (b) Except as specified under subsection (f), a retail food establishment that packages TCS food using a reduced oxygen packaging method shall implement a HACCP plan that contains the information specified under section 486(a)(3) and 486(a)(4) of this rule and includes all the following: (c) Except for fish that is frozen before, during, and after packaging and bears a label indicating it is to be kept frozen until time of use, a retail food establishment may not package fish using a reduced oxygen packaging method. (d) Except as specified under subsections (c) and (f), a retail food establishment that packages TCS food using a cook-chill or sous vide process shall do the following: (e) Except as specified under subsection (f), a retail food establishment that packages cheese using a reduced oxygen packaging method shall do all the following: (f) A HACCP plan is not required when a retail food establishment uses a reduced oxygen packaging method to package TCS food that is always: (g) For purposes of this section, a violation of subsection (a), (b)(4), (c), (d)(2)(B), (d)(2)(C), (d)(2)(D), (d)(2)(E), or (e)(1) is a P item. (h) For purposes of this section, a violation of subsection (b)(1), (b)(2), (b)(3), (b)(5), (b)(6), (d)(1), (d)(2)(A), (d)(2)(F), (d)(2)(G), (d)(2)(H), (d)(3), (d)(4), (e)(2), (e)(3), or (e)(4) is a PF item. (i) For purposes of this section, a violation of subsection (b)(7) is a core item. (Indiana Department of Health; 410 IAC 7-26-218; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA) Sec. 219. (a) Packaged food must comply with standards of identity requirements in 21 CFR 131 through 21 CFR 169 and 9 CFR 319, and the general requirements in 21 CFR 130 and 9 CFR 319 Subpart A. (b) For purposes of this section, a violation of subsection (a) is a core item. (Indiana Department of Health; 410 IAC 7-26-219; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA) Sec. 220. (a) Food shall be offered for human consumption in a way that does not mislead or misinform the consumer. (b) Food or color additives, colored overwraps, or lights may not be used to misrepresent the true appearance, color, or quality of a food. (c) For purposes of this section, a violation of subsection (a) or (b) is a core item. (Indiana Department of Health; 410 IAC 7-26-220; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA) Sec. 221. (a) Food packaged in a retail food establishment must be labeled as specified in law, including the following: (b) Label information must include all the following: (c) Bulk food, either packaged or unpackaged, that is available for consumer self dispensing and not intended for immediate consumption must be prominently labeled with either of the following in plain view of the consumer: (d) Bulk, unpackaged food, such as bakery products and unpackaged foods portioned to consumer specifications, need not be labeled if: (e) For purposes of this section, a violation of subsection (b)(5) is a PF item. (f) For purposes of this section, a violation of subsection (a), (b)(1), (b)(2), (b)(3), (b)(4), (b)(6), (b)(7), (c), or (d) is a core item. (Indiana Department of Health; 410 IAC 7-26-221; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA) Sec. 222. (a) Retail food establishment or manufacturers' dating information on foods may not be concealed or altered. (b) The person-in-charge shall notify consumers by written notification of the presence of major food allergens as an ingredient in unpackaged food items served or sold to the consumer. (c) For purposes of this section, a violation of subsection (a) or (b) is a core item. (Indiana Department of Health; 410 IAC 7-26-222; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA) Sec. 223. (a) Except as specified in sections 198(c), 198(d)(4), and 225(a)(3) of this rule, if a food of animal origin, such as: 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 those 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 includes: (c) A reminder includes designating the animal-derived foods requiring disclosure with an asterisk to a footnote that states one (1) of the following: (d) For purposes of this section, a violation of subsection (a), (b), or (c) is a PF item. (Indiana Department of Health; 410 IAC 7-26-223; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA) Sec. 224. (a) A food that is unsafe, adulterated, misbranded, or not honestly presented as specified under sections 154 or 220 of this rule must be reconditioned according to an approved procedure or discarded. (b) Food that is not from an approved source as specified under sections 155 through 161 of this rule must be discarded. (c) Ready-to-eat food that may have been contaminated by an employee who has been restricted or excluded as specified under section 138 of this rule must be discarded. (d) Food that is contaminated by food employees, consumers, or other persons through contact with soiled hands, bodily discharges, such as nasal or oral discharges, or other means must be discarded. (e) Infant formula may not be sold for infant consumption or served to infants past the use by date on the container. (f) For purposes of this section, a violation of subsection (a), (b), (c), (d), or (e) is a P item. (Indiana Department of Health; 410 IAC 7-26-224; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA) Sec. 225. (a) The following apply in a retail food establishment that serves a highly susceptible population: (b) For purposes of this section, a violation of subsection (a)(1)(B), (a)(1)(C), (a)(2)(A), (a)(2)(B), or subsection (a)(3) through (a)(5) is a P item. (c) For purposes of this section, a violation of subsection (a)(1)(A) is a core item. (Indiana Department of Health; 410 IAC 7-26-225; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA) Sec. 226. (a) Except for wood used as specified in section 232(c) of this rule, materials used in the construction of utensils and food contact surfaces of equipment may not allow the migration of deleterious substances or impart colors, odors, or tastes to food, and under normal use conditions must be: (b) For purposes of this section, a violation of subsection (a)(1) is a P item. (c) For purposes of this section, a violation of subsection (a)(2), (a)(3), (a)(4), or (a)(5) is a core item. (Indiana Department of Health; 410 IAC 7-26-226; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA) Sec. 227. (a) Except as specified in subsections (b) and (c), cast iron may not be used for utensils or food contact surfaces of equipment. (b) Cast iron may be used as a surface for cooking. (c) Cast iron may be used in utensils for serving food if the utensils are used only as part of an uninterrupted process from cooking through service. (d) For purposes of this section, a violation of subsection (a) is a core item. (Indiana Department of Health; 410 IAC 7-26-227; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA) Sec. 228. (a) Ceramic, china, crystal, and decorative utensils, such as hand painted ceramic or china, that are used in contact with food must be lead-free or contain levels of lead not exceeding the limits of the following utensil categories: (b) Pewter alloys containing lead exceeding five-hundredths percent (0.05%) ppm (mg/L) may not be used as a food contact surface. (c) Solder and flux containing lead exceeding two-tenths percent (0.2%) ppm (mg/L) may not be used as a food contact surface. (d) For purposes of this section, a violation of subsection (a) or (b) is a P item. (e) For purposes of this section, a violation of subsection (c) is a core item. (Indiana Department of Health; 410 IAC 7-26-228; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA) Sec. 229. (a) Except as specified in subsection (b), copper and copper alloys, such as brass, may not be used: (b) Copper and copper alloys may be used in contact with beer brewing ingredients that have a pH below six (6) in the prefermentation and fermentation steps of a beer brewing operation, such as a brewpub or microbrewery. (c) For purposes of this section, a violation of subsection (a) is a P item. (Indiana Department of Health; 410 IAC 7-26-229; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA) Sec. 230. (a) Galvanized metal may not be used for utensils or food contact surfaces of equipment used in contact with acidic food. (b) For purposes of this section, a violation of subsection (a) is a P item. (Indiana Department of Health; 410 IAC 7-26-230; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA) Sec. 231. (a) Sponges may not be used in contact with cleaned and sanitized or in-use food contact surfaces. (b) For purposes of this section, a violation of subsection (a) is a core item. (Indiana Department of Health; 410 IAC 7-26-231; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA) Sec. 232. (a) Except as specified in subsections (b), (c), (d), and (e), wood and wood wicker may not be used as a food contact surface. (b) Hard maple or an equivalently hard, close-grained wood may be used for equipment, such as: (c) A wood plank, such as cedar, may be used to impart flavor to baked fish if the plank is: (d) Whole, uncut, raw fruits and vegetables, and nuts in the shell may be kept in the wood shipping containers in which they were received, until the fruits, vegetables, or nuts are used. (e) If the nature of the food requires removal of rinds, peels, husks, or shells before consumption, the whole, uncut, raw food may be kept in: (f) For purposes of this section, a violation of subsection (a) is a core item. (Indiana Department of Health; 410 IAC 7-26-232; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA) Sec. 233. (a) Multi-use kitchenware, such as: that have a perfluorocarbon resin coating shall be used with nonscoring or nonscratching utensils and cleaning aids. (b) For purposes of this section, a violation of subsection (a) is a core item. (Indiana Department of Health; 410 IAC 7-26-233; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA) Sec. 234. (a) Non-food contact surfaces of equipment exposed to splash, spillage, or other food soiling or that require frequent cleaning must be constructed of a corrosion-resistant, nonabsorbent, and smooth material. (b) For purposes of this section, a violation of subsection (a) is a core item. (Indiana Department of Health; 410 IAC 7-26-234; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA) Sec. 235. (a) Materials used to make single-service and single-use articles may not: (b) The materials in subsection (a) must be: (c) For purposes of this section, a violation of subsection (a)(1) or (b)(1) is a P item. (d) For purposes of this section, a violation of subsection (a)(2) or (b)(2) is a core item. (Indiana Department of Health; 410 IAC 7-26-235; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA) Sec. 236. (a) Equipment and utensils must be designed and constructed to be durable and to retain their characteristic qualities under normal use conditions. (b) For purposes of this section, a violation of subsection (a) is a core item. (Indiana Department of Health; 410 IAC 7-26-236; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA) Sec. 237. (a) Food temperature measuring devices may not have sensors or stems constructed of glass, but thermometers with glass sensors or stems encased in a shatterproof coating, such as candy thermometers, may be used. (b) For purposes of this section, a violation of subsection (a) is a P item. (Indiana Department of Health; 410 IAC 7-26-237; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA) Sec. 238. (a) Except for wood used as specified in subsection 232(c) [section 232(c)] of this rule, multi-use food contact surfaces must be as follows: (b) Subsection (a)(5) does not apply to the following: (c) For purposes of this section, a violation of subsection (a) is a PF item. (Indiana Department of Health; 410 IAC 7-26-238; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA) Sec. 239. (a) CIP equipment must meet the characteristics specified under section 238 of this rule and be designed and constructed so that: (b) CIP equipment that is not designed to be disassembled for cleaning must be designed with inspection access points to ensure that all interior food contact surfaces throughout the fixed system are being effectively cleaned. (c) For purposes of this section, a violation of subsection (a)(1) is a PF item. (d) For purposes of this section, a violation of subsection (a)(2) or (b) is a core item. (Indiana Department of Health; 410 IAC 7-26-239; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA) Sec. 240. (a) V-type threads may not be used on food contact surfaces, except for hot oil cooking or filtering equipment. (b) For purposes of this section, a violation of subsection (a) is a core item. (Indiana Department of Health; 410 IAC 7-26-240; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA) Sec. 241. (a) Hot oil filtering equipment must meet the characteristics specified under sections 238 and 239 of this rule, and be readily accessible for filter replacement and cleaning of the filter. (b) For purposes of this section, a violation of subsection (a) is a core item. (Indiana Department of Health; 410 IAC 7-26-241; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA) Sec. 242. (a) Cutting or piercing parts of can openers must be readily removable for cleaning and replacement. (b) For purposes of this section, a violation of subsection (a) is a core item. (Indiana Department of Health; 410 IAC 7-26-242; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA) Sec. 243. (a) Non-food contact surfaces must be free of unnecessary ledges, projections, and crevices, and designed and constructed to allow easy cleaning and facilitate maintenance. (b) For purposes of this section, a violation of subsection (a) is a core item. (Indiana Department of Health; 410 IAC 7-26-243; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA) Sec. 244. (a) Kick plates must be designed so the areas behind them are accessible for inspection and cleaning by being: (b) For purposes of this section, a violation of subsection (a) is a core item. (Indiana Department of Health; 410 IAC 7-26-244; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA) Sec. 245. (a) Filters or other grease extracting equipment must be designed to be readily removable for cleaning and replacement if not designed to be cleaned in place. (b) For purposes of this section, a violation of subsection (a) is a core item. (Indiana Department of Health; 410 IAC 7-26-245; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA) Sec. 246. (a) Food temperature measuring devices that are scaled only in Fahrenheit must be accurate to plus or minus two (±2) degrees Fahrenheit in the intended range of use. (b) Food temperature measuring devices that are scaled only in Celsius or dually scaled in Celsius and Fahrenheit must be accurate to plus or minus one (±1) degree Celsius in the intended range of use. (c) For purposes of this section, a violation of subsection (a) or (b) is a PF item. (Indiana Department of Health; 410 IAC 7-26-246; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA) Sec. 247. (a) Ambient air and water temperature measuring devices that are scaled in Fahrenheit must be accurate to plus or minus three (±3) degrees Fahrenheit in the intended range of use. (b) Ambient air and water temperature measuring devices that are dually scaled in Celsius and Fahrenheit must be designed to be easily readable and accurate to plus or minus one and five-tenths (±1.5) degrees Celsius in the intended range of use. (c) For purposes of this section, a violation of subsection (a) or (b) is a PF item. (Indiana Department of Health; 410 IAC 7-26-247; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA) Sec. 248. (a) Pressure measuring devices that display the pressures in the water supply line for the fresh hot water sanitizing rinse must have increments of one (1) pound per square inch (7 kilopascals) or smaller and be accurate to plus or minus two (±2) pounds per square inch (±14 kilopascals) in the range indicated on the manufacturer's data plate. (b) For purposes of this section, a violation of subsection (a) is a core item. (Indiana Department of Health; 410 IAC 7-26-248; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA) Sec. 249. (a) Exhaust ventilation hood systems in food preparation and warewashing areas, including components, such as hoods, fans, guards, and ducting, shall be designed to prevent grease or condensation from draining or dripping onto the following: (b) For purposes of this section, a violation of subsection (a) is a core item. (Indiana Department of Health; 410 IAC 7-26-249; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA) Sec. 250. (a) A cover or lid for equipment must overlap the opening and be sloped to drain. (b) An opening located within the top of a unit of equipment designed for use with a cover or lid must be flanged upward at least two-tenths (.2) of an inch (5 millimeters). (c) Except as specified under subsection (d): must be provided with a watertight joint at the point where the item enters the equipment. (d) If a watertight joint is not provided: (e) For purposes of this section, a violation of subsection (a), (b), (c), or (d) is a core item. (Indiana Department of Health; 410 IAC 7-26-250; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA) Sec. 251. (a) In equipment that dispenses or vends liquid food or ice in unpackaged form, the following applies: (b) For purposes of this section, a violation of subsection (a)(5) is a P item. (c) For purposes of this section, a violation of subsection (a)(1), (a)(2), (a)(3), or (a)(4) is a core item. (Indiana Department of Health; 410 IAC 7-26-251; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA) Sec. 252. (a) The dispensing compartment of a vending machine, including a machine designed to vend prepackaged snack food that is not TCS food, such as chips, party-mixes, and pretzels, must be equipped with a self-closing door or cover if the machine is: (b) For purposes of this section, a violation of subsection (a) is a core item. (Indiana Department of Health; 410 IAC 7-26-252; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA) Sec. 253. (a) Equipment containing bearings and gears that require lubricants must be designed and constructed so the lubricant cannot leak, drip, or be forced into food or onto food contact surfaces. (b) For purposes of this section, a violation of subsection (a) is a core item. (Indiana Department of Health; 410 IAC 7-26-253; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA) Sec. 254. (a) Beverage tubing and cold plate beverage cooling devices may not be installed in contact with ice stored for human consumption, except for cold plates constructed integrally with an ice storage bin. (b) For purposes of this section, a violation of subsection (a) is a core item. (Indiana Department of Health; 410 IAC 7-26-254; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA) Sec. 255. (a) Liquid waste drain lines may not pass through an ice machine or ice storage bin. (b) For purposes of this section, a violation of subsection (a) is a core item. (Indiana Department of Health; 410 IAC 7-26-255; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA) Sec. 256. (a) If a condenser unit is an integral component of equipment, the condenser unit must be separated from the food and food storage space by a dustproof barrier. (b) For purposes of this section, a violation of subsection (a) is a core item. (Indiana Department of Health; 410 IAC 7-26-256; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA) Sec. 257. (a) Cutting or piercing parts of can openers on vending machines must be protected from the following: (b) For purposes of this section, a violation of subsection (a) is a core item. (Indiana Department of Health; 410 IAC 7-26-257; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA) Sec. 258. (a) Except as specified under subsection (b), molluscan shellfish life support system display tanks may not be used to store or display shellfish offered for human consumption, and must be conspicuously marked so it is obvious to the consumer that the shellfish are for display only. (b) Molluscan shellfish life-support system display tanks used to store or display shellfish offered for human consumption must be operated and maintained in accordance with a HACCP plan approved under a variance granted by the department, as specified in section 483 of this rule, and: (c) For purposes of this section, a violation of subsection (a) is a P item. (d) For purposes of this section, a violation of subsection (b) is a PF item. (Indiana Department of Health; 410 IAC 7-26-258; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA) Sec. 259. (a) A machine vending TCS food must have an automatic control that prevents the machine from vending food if: (b) When the automatic shutoff within a machine vending for TCS food is activated: (c) A vending machine must legibly display information on the consumer-facing side of each unit indicating the name, address, and telephone number for the business responsible for the vending machine, or a website containing similar contact information. (d) For purposes of this section, a violation of subsection (c) is a core item. (e) For purposes of this section, a violation of subsection (a) or (b) is a P item. (Indiana Department of Health; 410 IAC 7-26-259; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA) Sec. 260. (a) In a mechanically refrigerated or hot food storage unit, the sensor of a temperature measuring device must be located to measure the air temperature or a simulated product temperature in the warmest part of a mechanically refrigerated unit, and in the coolest part of a hot food storage unit. (b) Except as specified in subsection (c), cold or hot holding equipment used for TCS food must be designed to include and be equipped with at least one (1) integral or permanently affixed temperature measuring device that is located to allow easy viewing of the device's temperature display. (c) Subsection (b) does not apply to equipment for which the placement of a temperature measuring device is not a practical means for measuring the ambient air surrounding the food because of the design, type, and use of the equipment, such as: (d) Temperature measuring devices must be designed to be easily readable. (e) Food temperature measuring devices and water temperature measuring devices on warewashing machines must have a numerical scale, printed record, or digital readout in increments not greater than two (2) degrees Fahrenheit, one (1) degree Celsius, in the intended range of use. (f) For purposes of this section, a violation of subsection (e) is a PF item. (g) For purposes of this section, a violation of subsection (a), (b), or (d) is a core item. (Indiana Department of Health; 410 IAC 7-26-260; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA) Sec. 261. (a) A warewashing machine must be provided with an easily accessible and readable data plate affixed to the machine by the manufacturer that indicates the machine's design and operating specifications, including the following: (b) For purposes of this section, a violation of subsection (a) is a core item. (Indiana Department of Health; 410 IAC 7-26-261; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA) Sec. 262. (a) Warewashing machine wash and rinse tanks must be equipped with: (b) For purposes of this section, a violation of subsection (a) is a core item. (Indiana Department of Health; 410 IAC 7-26-262; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA) Sec. 263. (a) A warewashing machine must be equipped with a temperature measuring device that indicates the temperature of the water: (b) For purposes of this section, a violation of subsection (a) is a PF item. (Indiana Department of Health; 410 IAC 7-26-263; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA) Sec. 264. (a) If hot water is used for sanitization in manual warewashing operations, the sanitizing compartment of the sink must be: (b) For purposes of this section, a violation of subsection (a) is a PF item. (Indiana Department of Health; 410 IAC 7-26-264; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA) Sec. 265. (a) A warewashing machine installed after the effective date of this rule must be equipped to: (b) For purposes of this section, a violation of subsection (a) is a PF item. (Indiana Department of Health; 410 IAC 7-26-265; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA) Sec. 266. (a) Warewashing machines that provide a fresh hot water sanitizing rinse must be equipped with a pressure gauge or similar device, such as a transducer, that measures and displays the water pressure in the supply line immediately before entering the warewashing machine. (b) If the flow pressure measuring device is upstream of the fresh hot water sanitizing rinse control valve, the device must be mounted in a one-fourth (¼) inch iron pipe size or six and four-tenths (6.4) millimeter valve. (c) Subsections (a) and (b) do not apply to a machine that uses only a pumped or recirculated sanitizing rinse. (d) For purposes of this section, a violation of subsection (a) or (b) is a core item. (Indiana Department of Health; 410 IAC 7-26-266; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA) Sec. 267. (a) Sinks and drainboards of warewashing sinks and machines must be self-draining. (b) For purposes of this section, a violation of subsection (a) is a core item. (Indiana Department of Health; 410 IAC 7-26-267; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA) Sec. 268. (a) Equipment compartments subject to accumulation of moisture due to conditions, such as: must be sloped to an outlet that allows complete draining. (b) For purposes of this section, a violation of subsection (a) is a core item. (Indiana Department of Health; 410 IAC 7-26-268; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA) Sec. 269. (a) Vending machines designed to store beverages that are packaged in containers made from paper products must be equipped with diversion devices and retention pans or drains for container leakage. (b) Vending machines that dispense liquid food in bulk must be as follows: (c) Shutoff devices, specified under subsection (b)(2), must prevent water or liquid food from continuously running if there is a failure of a flow control device in the water or liquid food system or waste accumulation that can lead to overflow of the waste receptacle. (d) For purposes of this section, a violation of subsection (a), (b), or (c) is a core item. (Indiana Department of Health; 410 IAC 7-26-269; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA) Sec. 270. (a) Equipment, such as dollies, pallets, racks, and skids used to store and transport large quantities of packaged foods received from a supplier in a cased or an overwrapped lot must be designed to be moved by hand or conveniently available equipment, such as hand trucks and forklifts. (b) For purposes of this section, a violation of subsection (a) is a core item. (Indiana Department of Health; 410 IAC 7-26-270; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA) Sec. 271. (a) Vending machine doors and access opening covers to food and container storage spaces must be tight fitting when closed, so that the space along the entire interface between the doors or covers and the cabinet of the machine is not greater than one-sixteenth (1/16) of an inch (1.5 millimeters) by using one (1) of the following methods: (b) Vending machine service connection openings through an exterior wall of a machine must be closed by sealants, clamps, or grommets so that the openings are not larger than one-sixteenth (1/16) of an inch (1.5 millimeters). (c) For purposes of this section, a violation of subsection (a) or (b) is a core item. (Indiana Department of Health; 410 IAC 7-26-271; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA) Sec. 272. (a) Food equipment that is certified or classified for sanitation in conformance to a recognized American National Standard Institute accredited certification program is deemed to comply with this section and sections 226 through 271 of this rule. (b) For purposes of this section, a violation of subsection (a) is a core item. (Indiana Department of Health; 410 IAC 7-26-272; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA) Sec. 273. (a) Equipment for: must be sufficient in number and capacity to provide food temperatures as specified under sections 154 through 225 of this rule. (b) For purposes of this section, a violation of subsection (a) is a PF item. (Indiana Department of Health; 410 IAC 7-26-273; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA) Sec. 274. (a) Except as specified in subsection (c), a sink with at least three (3) compartments must be provided for manually washing, rinsing, and sanitizing equipment and utensils. (b) Sink compartments must be large enough to accommodate immersion of the largest equipment and utensils. If equipment or utensils are too large for the warewashing sink, a warewashing machine or alternative equipment as specified in subsection (c) may be used. (c) Alternative manual warewashing equipment may be used when there are special cleaning needs or constraints, and its use is approved. Alternative manual warewashing equipment may include: (d) Before a two (2) compartment sink is used: (e) A two (2) compartment sink may not be used for warewashing operations where cleaning and sanitizing solutions are used for a continuous or intermittent flow of kitchenware or tableware in an ongoing warewashing process. (f) For purposes of this section, a violation of subsection (a) or (b) is a PF item. (g) For purposes of this section, a violation of subsection (d) or (e) is a core item. (Indiana Department of Health; 410 IAC 7-26-274; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA) Sec. 275. (a) Drainboards, utensil racks, or tables large enough to accommodate all soiled and cleaned items that may accumulate during hours of operation must be provided for necessary utensil holding before cleaning and after sanitizing. (b) For purposes of this section, a violation of subsection (a) is a core item. (Indiana Department of Health; 410 IAC 7-26-275; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA) Sec. 276. (a) Ventilation hood systems and devices must meet the requirements of 675 IAC 13 and be sufficient in number and capacity to prevent grease or condensation from collecting on walls and ceilings. (b) For purposes of this section, a violation of subsection (a) is a core item. (Indiana Department of Health; 410 IAC 7-26-276; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA) Sec. 277. (a) Except as specified in subsection (b), if work clothes or linens are laundered on the premises, a mechanical clothes washer and dryer must be provided and used. (b) If on-premises laundering is limited to wiping cloths intended to be used wet, or wiping cloths are air-dried as specified under section 325 of this rule, a mechanical clothes washer and dryer need not be provided. (c) For purposes of this section, a violation of subsection (a) is a core item. (Indiana Department of Health; 410 IAC 7-26-277; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA) Sec. 278. (a) A food dispensing utensil must be available for each container displayed at a consumer self-service unit, such as a buffet or salad bar. (b) For purposes of this section, a violation of subsection (a) is a PF item. (Indiana Department of Health; 410 IAC 7-26-278; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA) Sec. 279. (a) Food temperature measuring devices must be provided and readily accessible for use in ensuring attainment and maintenance of food temperatures as specified under sections 154 through 225 of this rule. (b) A temperature measuring device with a suitable small diameter probe designed to measure the temperature of thin masses must be provided and readily accessible to accurately measure the temperature in thin foods, such as meat patties and fish filets. (c) For purposes of this section, a violation of subsection (a) or (b) is a PF item. (Indiana Department of Health; 410 IAC 7-26-279; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA) Sec. 280. (a) In manual warewashing operations, a temperature measuring device must be provided and readily accessible for frequently measuring the washing and sanitizing temperatures. (b) In hot water mechanical warewashing operations, an irreversible registering temperature indicator must be provided and readily accessible for measuring the utensil surface temperature. (c) For purposes of this section, a violation of subsection (a) or (b) is a PF item. (Indiana Department of Health; 410 IAC 7-26-280; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA) Sec. 281. (a) A test kit or other device that accurately measures the concentration in ppm of sanitizing solutions must be provided. (b) For purposes of this section, a violation of subsection (a) is a PF item. (Indiana Department of Health; 410 IAC 7-26-281; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA) Sec. 282. (a) Cleaning agents used to clean equipment and utensils as specified under sections 306 through 315 of this rule must be provided and available for use during all hours of operation. (b) Except for those generated onsite at the time of use, chemical sanitizers used to sanitize equipment and utensils as specified under sections 316 through 318 of this rule must be provided and available for use during all hours of operation. (c) For purposes of this section, a violation of subsection (a) or (b) is a PF item. (Indiana Department of Health; 410 IAC 7-26-282; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA) Sec. 283. (a) Except as specified in subsection (b), equipment, a cabinet used for the storage of food or cleaned and sanitized equipment, utensils, laundered linens, and single-service and single-use articles may not be located as follows: (b) A storage cabinet used for linens, or single-service or single-use articles, may be stored in a locker room. (c) If a mechanical clothes washer or dryer is provided, it must be located so the washer or dryer is protected from contamination and only where the following are not present: (d) For purposes of this section, a violation of subsection (a)(1)(B) is a PF item. (e) For purposes of this section, a violation of subsection (a)(1)(A), (a)(1)(C), (a)(1)(D), (b), or (c) is a core item. (Indiana Department of Health; 410 IAC 7-26-283; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA) Sec. 284. (a) Equipment that is fixed because it is not easily movable must be installed so it is: (b) Counter mounted equipment that is not easily movable must be installed to allow cleaning of the equipment and areas underneath and around the equipment by being: (c) For purposes of this section, a violation of subsection (a) or (b) is a core item. (Indiana Department of Health; 410 IAC 7-26-284; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA) Sec. 285. (a) Except as specified in subsections (b) and (c), floor mounted equipment that is not easily movable must be sealed to the floor or elevated on legs that provide at least a six (6) inch (fifteen (15) centimeter) clearance between the floor and equipment. (b) If no part of the floor under the floor mounted equipment is more than six (6) inches (fifteen (15) centimeters) from the point of cleaning access, the clearance space may be only four (4) inches (ten (10) centimeters). (c) This section does not apply to display shelving units, refrigeration units, and freezer units located in consumer shopping areas, such as in a retail food store, if the floor under the units is maintained clean. (d) Except as specified in subsection (e), counter mounted equipment that is not easily movable must be elevated on legs that provide at least a four (4) inch (ten (10) centimeter) clearance between the table and equipment. (e) The clearance space between the counter and counter mounted equipment may be: (f) For purposes of this section, a violation of subsection (a) or (d) is a core item. (Indiana Department of Health; 410 IAC 7-26-285; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA) Sec. 286. (a) Equipment must be maintained in a state of repair and condition that meets the requirements specified under sections 226 through 272 of this rule. (b) Equipment components, such as: must be kept intact, tight, and adjusted in accordance with manufacturer's specifications. (c) Cutting or piercing parts of can openers must be kept sharp to minimize the creation of metal fragments that can contaminate food when the container is opened. (d) For purposes of this section, a violation of subsection (a), (b), or (c) is a core item. (Indiana Department of Health; 410 IAC 7-26-286; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA) Sec. 287. (a) Surfaces, such as cutting blocks and boards, that are subject to scratching and scoring must be resurfaced if they can no longer be effectively cleaned and sanitized, or discarded if they cannot be resurfaced. (b) For purposes of this section, a violation of subsection (a) is a core item. (Indiana Department of Health; 410 IAC 7-26-287; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA) Sec. 288. (a) Microwave ovens must meet the safety standards specified in 21 CFR 1030.10. (b) For purposes of this section, a violation of subsection (a) is a core item. (Indiana Department of Health; 410 IAC 7-26-288; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA) Sec. 289. (a) A warewashing machine; the compartments of sinks, basins, or other receptacles used for washing and rinsing equipment, utensils, or raw foods, or laundering wiping cloths; and drainboards or other equipment used to substitute for drainboards as specified under section 275 of this rule must be cleaned: (b) For purposes of this section, a violation of subsection (a) is a core item. (Indiana Department of Health; 410 IAC 7-26-289; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA) Sec. 290. (a) A warewashing machine and its auxiliary components must be operated in accordance with the machine's data plate and other manufacturer's instructions. (b) A warewashing machine's conveyor speed or automatic cycle times must be maintained accurately timed in accordance with manufacturer's specifications. (c) For purposes of this section, a violation of subsection (a) or (b) is a core item. (Indiana Department of Health; 410 IAC 7-26-290; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA) Sec. 291. (a) A warewashing sink may not be used for handwashing as specified under section 143 of this rule or as a service sink. (b) If a warewashing sink is used to: the sink must be cleaned as specified under section 289 of this rule before and after each time it is used to wash wiping cloths, wash produce, or thaw food. Sinks used to wash or thaw food must be sanitized as specified under sections 316 through 318 of this rule before and after using the sink to wash produce or thaw food. (c) A warewashing machine may not be used for laundering linens, wiping cloths, food, floor mats, or other items not specified as an intended use of the machine by its manufacturer. (d) For purposes of this section, a violation of subsection (a), (b), or (c) is a core item. (Indiana Department of Health; 410 IAC 7-26-291; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA) Sec. 292. (a) When used for warewashing, the wash compartment of a sink, mechanical warewasher, or wash receptacle of alternative manual warewashing equipment, as specified in subsection 274(c) [section 274(c)] of this rule, must contain a wash solution of: according to the cleaning agent manufacturer's label instructions. (b) For purposes of this section, a violation of subsection (a) is a PF item. (Indiana Department of Health; 410 IAC 7-26-292; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA) Sec. 293. (a) Wash, rinse, and sanitizing solutions must be maintained clean. (b) For purposes of this section, a violation of subsection (a) is a core item. (Indiana Department of Health; 410 IAC 7-26-293; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA) Sec. 294. (a) The temperature of the wash solution in manual warewashing equipment must be maintained at not less than one hundred ten (110) degrees Fahrenheit, forty-three (43) degrees Celsius, or the temperature specified on the cleaning agent manufacturer's label instructions. (b) For purposes of this section, a violation of subsection (a) is a PF item. (Indiana Department of Health; 410 IAC 7-26-294; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA) Sec. 295. (a) The temperature of the wash solution in spray type warewashing machines that use hot water to sanitize may not be less than: (b) The temperature of the wash solution in spray-type warewashers that use chemicals to sanitize may not be less than one hundred twenty (120) degrees Fahrenheit, forty-nine (49) degrees Celsius. Hot Water Machine Type Type of Temperature Wash Temperature of Machine Sanitization Temperature of the Machine Stationary Rack Single Temperature 165ºF(74°C) 165ºF(74°C) Stationary Rack Dual Temperature 150ºF (66°C) 180ºF(82°C) Single Tank, conveyor Dual Temperature 160ºF(71°C) 180ºF(82°C) Multi-Tank, conveyor Multi-Temperature 150ºF( 66°C) 180ºF(82°C) Chemical Machine 120ºF (49°C) Per Sanitizer Manufacturer (c) For purposes of this section, a violation of subsection (a) or (b) is a PF item. (Indiana Department of Health; 410 IAC 7-26-295; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA) Sec. 296. (a) If immersion in hot water is used for sanitizing in a manual operation, the temperature of the water must be maintained at one hundred seventy (170) degrees Fahrenheit, seventy-seven (77) degrees Celsius, or above. (b) For purposes of this section, a violation of subsection (a) is a P item. (Indiana Department of Health; 410 IAC 7-26-296; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA) Sec. 297. (a) Except as specified in subsection (b), in a mechanical operation, the temperature of the fresh hot water sanitizing rinse as it enters the manifold may not be more than ninety (90) degrees Celsius, one hundred ninety-four (194) degrees Fahrenheit, or less than: (b) The maximum temperature specified under subsection (a) does not apply to the high pressure and temperature systems with wand-type, hand-held spraying devices used for the in-place cleaning and sanitizing of equipment, such as meat saws. (c) For purposes of this section, a violation of subsection (a) is a PF item. (Indiana Department of Health; 410 IAC 7-26-297; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA) Sec. 298. (a) The flow pressure of the fresh hot water sanitizing rinse in a warewashing machine, as measured in the water line immediately downstream or upstream from the fresh hot water sanitizing rinse control value, must be within the range specified on the machine manufacturer's data plate and may not be less than fifteen (15) pounds per square inch, one hundred four (104) kilopascals, or more than twenty-five (25) pounds per square inch, one hundred seventy-three (173) kilopascals. (b) For purposes of this section, a violation of subsection (a) is a core item. (Indiana Department of Health; 410 IAC 7-26-298; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA) Sec. 299. (a) A chemical sanitizer used in a sanitizing solution for a manual or mechanical operation, at contact times specified under section 318(a)(3) of this rule, must meet the criteria specified under section 461 of this rule and be used in accordance with the EPA registered label use instructions, and as follows: Concentration Range Minimum Temperature Exposure Times Specified in 410 IAC 7-26-318 ppm (mg/L) pH 10 or less °F (°C) pH 8 or less °F (°C) 25 - 49 120 (49) 120 (49) 10 Seconds 50-99 100 (38) 75 (24) 7 Seconds 100 55 (13) 55 (13) 10 Seconds (b) For purposes of this section, a violation of subsection (a)(1), (a)(2), (a)(3), (a)(4), (a)(5), (a)(6)(A), or (a)(6)(B) is a P item. (c) For purposes of this section, a violation of subsection (a)(6)(C) or (a)(6)(D) is a PF item. (Indiana Department of Health; 410 IAC 7-26-299; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA) Sec. 300. (a) If a detergent-sanitizer is used to sanitize in a cleaning and sanitizing procedure where there is no distinct water rinse between the washing and sanitizing steps, the agent applied in the sanitizing step must be the same detergent-sanitizer used in the washing step. (b) For purposes of this section, a violation of subsection (a) is a core item. (Indiana Department of Health; 410 IAC 7-26-300; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA) Sec. 301. (a) The concentration of a sanitizing solution may be accurately determined by using a test kit or other device. (b) For purposes of this section, a violation of subsection (a) is a PF item. (Indiana Department of Health; 410 IAC 7-26-302; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA) Sec. 302. (a) Utensils not maintained in a state of repair or condition that complies with the requirements specified under sections 226 through 272 of this rule must be removed from the premises. (b) Food temperature measuring devices must be calibrated in accordance with manufacturer's specifications as needed to ensure their accuracy. (c) Ambient air temperature, water pressure, and water temperature measuring devices must be maintained in good repair and be accurate within the intended range of use. (d) For purposes of this section, a violation of subsection (a) or (c) is a core item. (e) For purposes of this section, a violation of subsection (b) is a PF item. (Indiana Department of Health; 410 IAC 7-26-302; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA) Sec. 303. (a) An owner or operator of a retail food establishment without facilities specified under sections 306 through 318 of this rule for cleaning and sanitizing kitchenware and tableware shall provide only single-use kitchenware, single-service articles, and single-use articles for use by food employees, and single-service articles for use by consumers. (b) For purposes of this section, a violation of subsection (a) is a P item. (Indiana Department of Health; 410 IAC 7-26-303; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA) Sec. 304. (a) Single-service and single-use articles may not be reused. (b) A bulk milk container dispensing tube must be cut on a diagonal leaving not more than one inch (2.54 centimeters) protruding from the chilled dispensing head. (c) For purposes of this section, a violation of subsection (a) or (b) is a core item. (Indiana Department of Health; 410 IAC 7-26-304; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA) Sec. 305. (a) Mollusk shells, crustacean shells, and cedar planks may not be used more than once as serving containers. (b) For purposes of this section, a violation of subsection (a) is a core item. (Indiana Department of Health; 410 IAC 7-26-305; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA) Sec. 306. (a) Equipment food contact surfaces and utensils must be clean to sight and touch. (b) The food contact surfaces of cooking equipment and pans must be kept free of encrusted grease deposits and other soil accumulations. (c) Non-food contact surfaces of equipment must be kept free of an accumulation of: (d) For purposes of this section, a violation of subsection (a) is a PF item. (e) For purposes of this section, a violation of subsection (b) or (c) is a core item. (Indiana Department of Health; 410 IAC 7-26-306; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA) Sec. 307. (a) Equipment food contact surfaces and utensils must be cleaned: (b) Subsection (a)(1) does not apply if the food contact surface or utensil is in contact with a succession of different raw animal foods, each requiring a higher cooking temperature than the previous type, as specified under section 198 of this rule. (c) Except as specified in subsection (d), if used with TCS food, equipment food contact surfaces and utensils must be cleaned throughout the day at least every four (4) hours. (d) Surfaces of utensils and equipment contacting TCS food may be cleaned less frequently than every four (4) hours if: Temperature Cleaning Frequency 41°F (5.0°C) or less 24 hours >41°F - 45°F (>5.0°C - 7.2°C) 20 hours >45°F - 50°F (>7.2°C - 10.0°C) 16 hours >50°F - 55°F (>10.0°C - 12.8°C) 10 hours (e) Except when dry cleaning methods are used as specified under section 310 of this rule, surfaces of utensils and equipment contacting food that is not a TCS food must be cleaned: (f) For purposes of this section, a violation of subsection (a) or (c) is a P item. (g) For purposes of this section, a violation of subsection (e) is a core item. (Indiana Department of Health; 410 IAC 7-26-307; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA) Sec. 308. (a) The food contact surfaces of cooking and baking equipment must be cleaned at least every twenty-four (24) hours. This section does not apply to hot oil cooking and filtering equipment if it is cleaned as specified in section 307(d)(6) of this rule. (b) The cavities and door seals of microwave ovens must be cleaned at least every twenty-four (24) hours by using the manufacturer's recommended cleaning procedure. (c) For purposes of this section, a violation of subsection (a) or (b) is a core item. (Indiana Department of Health; 410 IAC 7-26-308; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA) Sec. 309. (a) Non-food contact surfaces of equipment must be cleaned at a frequency necessary to preclude accumulation of soil residues. (b) For purposes of this section, a violation of subsection (a) is a core item. (Indiana Department of Health; 410 IAC 7-26-309; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA) Sec. 310. (a) If used, dry cleaning methods, such as brushing, scraping, and vacuuming may contact only surfaces that are soiled with dry food residues that are not TCS food. (b) Cleaning equipment used in dry cleaning food contact surfaces may not be used for any other purpose. (c) For purposes of this section, a violation of subsection (a) or (b) is a core item. (Indiana Department of Health; 410 IAC 7-26-310; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA) Sec. 311. (a) Food debris on equipment and utensils must be: (b) If necessary for effective cleaning, utensils and equipment may be preflushed, presoaked, or scrubbed with abrasives. (c) For purposes of this section, a violation of subsection (a) or (b) is a core item. (Indiana Department of Health; 410 IAC 7-26-311; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA) Sec. 312. (a) Soiled items to be cleaned in a warewashing machine must be loaded into racks, trays, or baskets, or onto conveyors, in a position that: (b) For purposes of this section, a violation of subsection (a) is a core item. (Indiana Department of Health; 410 IAC 7-26-312; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA) Sec. 313. (a) Equipment food contact surfaces and utensils must be effectively washed to remove or completely loosen soils by using the manual or mechanical means necessary, such as the application of: (b) The washing procedures selected are based on: (c) For purposes of this section, a violation of subsection (a) or (b) is a core item. (Indiana Department of Health; 410 IAC 7-26-313; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA) Sec. 314. (a) If washing in sink compartments or a warewashing machine is impractical, such as when the equipment is fixed or the utensils are too large, washing may be done by using alternative manual warewashing equipment as specified in section 274(c) of this rule in accordance with the following procedures: (b) For purposes of this section, a violation of subsection (a) is a core item. (Indiana Department of Health; 410 IAC 7-26-314; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA) Sec. 315. (a) Washed utensils and equipment must be rinsed so that abrasives and cleaning chemicals are removed or diluted through the use of water or a detergent-sanitizer solution by using one (1) of the following procedures: (b) For purposes of this section, a violation of subsection (a) is a core item. (Indiana Department of Health; 410 IAC 7-26-315; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA) Sec. 316. (a) Equipment food contact surfaces and utensils must be sanitized. (b) For purposes of this section, a violation of subsection (a) is a P item. (Indiana Department of Health; 410 IAC 7-26-316; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA) Sec. 317. (a) Utensils and food contact surfaces of equipment must be sanitized before use after cleaning. (b) For purposes of this section, a violation of subsection (a) is a P item. (Indiana Department of Health; 410 IAC 7-26-317; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA) Sec. 318. (a) After being cleaned, equipment food contact surfaces and utensils must be sanitized in: (b) For purposes of this section, a violation of subsection (a) is a P item. (Indiana Department of Health; 410 IAC 7-26-318; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA) Sec. 319. (a) Clean linens must be free from food residues and other soiling matter. (b) For purposes of this section, a violation of subsection (a) is a core item. (Indiana Department of Health; 410 IAC 7-26-319; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA) Sec. 320. (a) Linens that do not come in direct contact with food must be laundered between operations if they become: (b) Cloth gloves used as specified in section 186(d) of this rule must be laundered before being used with a different type of raw animal food, such as the following: (c) Linens and napkins that are used as specified under section 184 of this rule must be laundered between each use. (d) Wet wiping cloths must be laundered daily. (e) Dry wiping cloths must be laundered as necessary to prevent contamination of food and clean serving utensils. (f) For purposes of this section, a violation of subsection (a), (b), (c), (d), or (e) is a core item. (Indiana Department of Health; 410 IAC 7-26-320; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA) Sec. 321. (a) Soiled linens must be kept in clean, nonabsorbent receptacles or clean, washable laundry bags, and stored and transported to prevent contamination of: (b) For purposes of this section, a violation of subsection (a) is a core item. (Indiana Department of Health; 410 IAC 7-26-321; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA) Sec. 322. (a) Except as specified in subsection (b), linens must be mechanically washed. (b) In retail food establishments in which only wiping cloths are laundered as specified in section 277(b) of this rule, the wiping cloths may be laundered in a: (c) For purposes of this section, a violation of subsection (a) is a core item. (Indiana Department of Health; 410 IAC 7-26-322; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA) Sec. 323. (a) Except as specified in subsection (b), laundry facilities on the premises of a retail food establishment may be used only for the washing and drying of items used in the operation of the establishment. (b) Separate laundry facilities located on the premises for the purpose of general laundering, such as for institutions providing boarding and lodging, may also be used for laundering retail food establishment items. (c) For purposes of this section, a violation of subsection (a) is a core item. (Indiana Department of Health; 410 IAC 7-26-323; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA) Sec. 324. (a) After cleaning and sanitizing, equipment and utensils: (b) For purposes of this section, a violation of subsection (a) is a core item. (Indiana Department of Health; 410 IAC 7-26-324; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA) Sec. 325. (a) Wiping cloths laundered in a retail food establishment that does not have a mechanical clothes dryer, as specified in section 277(b) of this rule, must be air-dried in a location and in a way that prevents contamination of: This section does not apply if wiping cloths are stored after laundering in a sanitizing solution as specified under section 299 of this rule. (b) For purposes of this section, a violation of subsection (a) is a core item. (Indiana Department of Health; 410 IAC 7-26-325; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA) Sec. 326. (a) Lubricants, as specified under section 465 of this rule, must be applied to food contact surfaces that require lubrication in a way that does not contaminate food contact surfaces. (b) For purposes of this section, a violation of subsection (a) is a core item. (Indiana Department of Health; 410 IAC 7-26-326; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA) Sec. 327. (a) Equipment must be reassembled so that food contact surfaces are not contaminated. (b) For purposes of this section, a violation of subsection (a) is a core item. (Indiana Department of Health; 410 IAC 7-26-327; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA) Sec. 328. (a) Except as specified in subsection (d), cleaned equipment and utensils, laundered linens, and single-service and single-use articles must be stored: (b) Clean equipment and utensils must be stored as specified under subsection (a) and: (c) Single-service and single-use articles must be stored as specified under subsection (a) and kept in the original protective package or stored by using other means that afford protection from contamination until used. (d) Items kept in closed packages may be stored less than six (6) inches (fifteen (15) centimeters) above the floor on dollies, pallets, racks, and skids designed as specified under section 270 of this rule. (e) For purposes of this section, a violation of subsection (a), (b), or (c) is a core item. (Indiana Department of Health; 410 IAC 7-26-328; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA) Sec. 329. (a) Except as specified in subsection (b), cleaned and sanitized equipment, utensils, laundered linens, and single-service and single-use articles may not be stored: (b) Laundered linens and single-service and single-use articles that are packaged or in a facility, such as a cabinet, may be stored in a locker room. (c) For purposes of this section, a violation of subsection (a)(2) is a PF item. (d) For purposes of this section, a violation of subsection (a)(1) or subsection (a)(3) through (a)(8) is a core item. (Indiana Department of Health; 410 IAC 7-26-329; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA) Sec. 330. (a) Single-service articles, single-use articles, and utensils that have been sanitized must be handled, displayed, and dispensed so that contamination of food contact and lip contact surfaces is prevented. (b) Knives, forks, and spoons that are not prewrapped must be presented so that only the handles are touched by employees and consumers if consumer self-service is provided. (c) Except as specified under subsection (b), single-service articles intended for food contact or lip contact must be furnished for consumer self-service with the original individual wrapper intact or from an approved dispenser. (d) For purposes of this section, a violation of subsection (a), (b), or (c) is a core item. (Indiana Department of Health; 410 IAC 7-26-330; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA) Sec. 331. (a) Soiled tableware must be removed from consumer eating and drinking areas and handled so that clean tableware is not contaminated. (b) For purposes of this section, a violation of subsection (a) is a core item. (Indiana Department of Health; 410 IAC 7-26-331; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA) Sec. 332. (a) Except as specified in (b) of this section [sic, subsection (b)], tableware that is preset must be protected from contamination by being wrapped, covered, or inverted. (b) Preset tableware may be exposed if: (c) For purposes of this section, a violation of subsection (a) is a core item. (Indiana Department of Health; 410 IAC 7-26-332; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA) Sec. 333. (a) After being cleaned and sanitized, equipment and utensils may not be rinsed before air drying or use unless: (b) For purposes of this section, a violation of subsection (a) is a core item. (Indiana Department of Health; 410 IAC 7-26-333; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA) Sec. 334. (a) Drinking water must be obtained from an approved source that is: (b) For purposes of this section, a violation of subsection (a) is a P item. (Indiana Department of Health; 410 IAC 7-26-334; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA) Sec. 335. (a) A drinking water system must be flushed and disinfected before being placed in service after construction, repair, modification, or an emergency situation, such as a flood, which may introduce contaminants to the system. (b) For purposes of this section, a violation of subsection (a) is a P item. (Indiana Department of Health; 410 IAC 7-26-335; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA) Sec. 336. (a) Bottled drinking water used or sold in a retail food establishment must be obtained from approved sources in accordance with 21 CFR 129. (b) For purposes of this section, a violation of subsection (a) is a P item. (Indiana Department of Health; 410 IAC 7-26-336; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA) Sec. 337. (a) Drinking water must meet the quality standards specified in 327 IAC 8. (b) For purposes of this section, a violation of subsection (a) is a P item. (Indiana Department of Health; 410 IAC 7-26-337; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA) Sec. 338. (a) Nondrinking water must be used only for nonculinary purposes, such as: (b) For purposes of this section, a violation of subsection (a) is a P item. (Indiana Department of Health; 410 IAC 7-26-338; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA) Sec. 339. (a) Except when used as specified under section 338 of this rule, water from a nonpublic water system must be sampled and tested at least annually and as required by 327 IAC. (b) For purposes of this section, a violation of subsection (a) is a PF item. (Indiana Department of Health; 410 IAC 7-26-339; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA) Sec. 340. (a) The most recent sample report for the nonpublic water system shall be retained on file in the retail food establishment and provided to the regulatory authority upon request. (b) For purposes of this section, a violation of subsection (a) is a core item. (Indiana Department of Health; 410 IAC 7-26-340; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA) Sec. 341. (a) The water source and system must be of sufficient capacity to meet the peak water demands of the retail food establishment. (b) Hot water generation and distribution systems must be sufficient to meet the peak hot water demands throughout the retail food establishment. (c) For purposes of this section, a violation of subsection (a) or (b) is a PF item. (Indiana Department of Health; 410 IAC 7-26-341; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA) Sec. 342. (a) Water under pressure must be provided to all fixtures, equipment, and non-food equipment required to use water, but water supplied as specified under section 344(a)(1) and 344(a)(2) of this rule to a temporary food establishment or in response to a temporary interruption of a water supply need not be under pressure. (b) For purposes of this section, a violation of subsection (a) is a PF item. (Indiana Department of Health; 410 IAC 7-26-342; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA) Sec. 343. (a) Water may be received from the source through the use of any of the following: (b) For purposes of this section, a violation of subsection (a) is a PF item. (Indiana Department of Health; 410 IAC 7-26-343; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA) Sec. 344. (a) Water meeting the requirements specified under sections 334 through 342 of this rule must be made available for a mobile facility, temporary food establishment without a permanent water supply, and retail food establishment with a temporary interruption of its water supply through any of the following: (b) For purposes of this section, a violation of subsection (a) is a PF item. (Indiana Department of Health; 410 IAC 7-26-344; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA) Sec. 345. (a) A plumbing system and hoses conveying water must be constructed and repaired with approved materials as set forth in 675 IAC 16. (b) A water filter must be made of safe materials. (c) For purposes of this section, a violation of subsection (a) or (b) is a P item. (Indiana Department of Health; 410 IAC 7-26-345; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA) Sec. 346. (a) A plumbing system must: (b) A plumbing fixture, such as a handwashing sink, toilet, or urinal must be easily cleanable. (c) For purposes of this section, a violation of subsection (a) is a P item. (d) For purposes of this section, a violation of subsection (b) is a core item. (Indiana Department of Health; 410 IAC 7-26-346; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA) Sec. 347. (a) Unless otherwise approved, a handwashing sink must be equipped to provide water at a temperature of at least eighty-five (85) degrees Fahrenheit, twenty-nine and four-tenths (29.4) degrees Celsius, through a mixing valve or combination faucet. (b) A steam mixing valve may not be used at a handwashing sink. (c) A self-closing, slow-closing, or metering faucet must provide a flow of water for at least fifteen (15) seconds without the need to reactivate the faucet. (d) An automatic handwashing sink must be installed in accordance with manufacturer's instructions. (e) For purposes of this section, a violation of subsection (a) is a PF item. (f) For purposes of this section, a violation of subsection (b), (c), or (d) is a core item. (Indiana Department of Health; 410 IAC 7-26-347; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA) Sec. 348. (a) An air gap between the potable water supply outlet and flood level rim of the plumbing fixture, equipment, or non-food equipment must be at least twice the diameter of the water supply inlet and may not be less than one (1) inch (twenty-five (25) millimeters). (b) For purposes of this section, a violation of subsection (a) is a P item. (Indiana Department of Health; 410 IAC 7-26-348; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA) Sec. 349. (a) A backflow or backsiphonage prevention device installed on a water supply system must meet the standards in 675 IAC 16-1.4 for: for that specific application and type of device. (b) For purposes of this section, a violation of subsection (a) is a P item. (Indiana Department of Health; 410 IAC 7-26-349; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA) Sec. 350. (a) A water filter, screen, and other water conditioning device installed on water lines must be designed to facilitate disassembly for periodic servicing and cleaning. A water filter element must be of the replaceable type. (b) For purposes of this section, a violation of subsection (a) is a core item. (Indiana Department of Health; 410 IAC 7-26-350; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA) Sec. 351. (a) Except as specified in subsection (b), at least one (1) handwashing sink, a number of handwashing sinks necessary for their convenient use by employees in areas specified under section 356 of this rule, and not fewer than the number of handwashing sinks required by 675 IAC 16-1.4 must be provided. (b) If approved and capable of removing the types of soils encountered in the food operations involved, automatic handwashing facilities may be substituted for handwashing sinks in a retail food establishment that has at least one (1) handwashing sink. (c) For purposes of this section, a violation of subsection (a) is a PF item. (d) For purposes of this section, a violation of subsection (b) is a core item. (Indiana Department of Health; 410 IAC 7-26-351; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA) Sec. 352. (a) At least one (1) toilet, and not fewer than the toilets required by law, must be provided. If authorized by law and urinals are substituted for toilets, the substitution must be done as specified in 675 IAC 16-1.4. (b) For purposes of this section, a violation of subsection (a) is a core item. (Indiana Department of Health; 410 IAC 7-26-352; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA) Sec. 353. (a) At least one (1) service sink or one (1) curbed cleaning facility equipped with a floor drain must be provided and conveniently located for the cleaning of mops or similar wet floor cleaning tools, and for the disposal of mop water and similar liquid waste. (b) A service sink or one (1) curbed cleaning facility must be equipped with: (c) The service sink or curbed cleaning facility, or both, may not be used in substitution for or as a warewashing or food preparation sink. (d) Toilets and urinals may not be used as a service sink for the disposal of mop water and similar liquid waste. (e) For purposes of this section, a violation of subsection (a), (b), (c), or (d) is a core item. (Indiana Department of Health; 410 IAC 7-26-353; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA) Sec. 354. (a) A plumbing system must be installed to preclude backflow of a solid, liquid, or gas contaminant into the water supply system at each point of use at the retail food establishment with or without a hose attached, as required by 675 IAC 16-1.4, by: (b) For purposes of this section, a violation of subsection (a) is a P item. (Indiana Department of Health; 410 IAC 7-26-354; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA) Sec. 355. (a) The water supply connection to carbonated beverage systems must be protected against backflow by a device listed in 675 IAC 16-1.4. (b) If not provided with an air gap as specified under section 348 of this rule, a dual check valve with an intermediate vent preceded by a screen of not less than one hundred (100) mesh to twenty-five and four-tenths (25.4) mm (100 mesh to 1 inch) must be installed upstream from a carbonating device and downstream from any copper in the water supply line. (c) A dual check valve attached to the carbonator need not be of the vented type if an air gap or vented backflow prevention device has been otherwise provided as specified under subsection (a). (d) Copper may not be used downstream from the backflow preventer in accordance with 675 IAC 16-1.4. (e) For purposes of this section, a violation of subsection (a), (b), or (d) is a P item. (Indiana Department of Health; 410 IAC 7-26-355; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA) Sec. 356. (a) A handwashing sink must be located in the following places: (b) For purposes of this section, a violation of subsection (a) is a PF item. (Indiana Department of Health; 410 IAC 7-26-356; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA) Sec. 357. (a) A backflow prevention device must be located so that it may be serviced and maintained. (b) For purposes of this section, a violation of subsection (a) is a core item. (Indiana Department of Health; 410 IAC 7-26-357; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA) Sec. 358. (a) A water filter, screen, and other water conditioning device installed on water lines must be located to facilitate disassembly for periodic servicing and cleaning. (b) For purposes of this section, a violation of subsection (a) is a core item. (Indiana Department of Health; 410 IAC 7-26-358; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA) Sec. 359. (a) A handwashing sink must be maintained so that it is accessible at all times for employee use. (b) A handwashing sink may not be used for purposes other than handwashing. (c) An automatic handwashing sink may be used in accordance with manufacturer's instruction. (d) For purposes of this section, a violation of subsection (a), (b), or (c) is a PF item. (Indiana Department of Health; 410 IAC 7-26-359; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA) Sec. 360. (a) Except for firefighting purposes, a person may not create a cross-connection by connecting a pipe or conduit between the drinking water system and a: (b) The piping of a nondrinking water system must be durably identified so that it is readily distinguishable from piping that carries drinking water. (c) For purposes of this section, a violation of subsection (a) is a P item. (d) For purposes of this section, a violation of subsection (b) is a PF item. (Indiana Department of Health; 410 IAC 7-26-360; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA) Sec. 361. (a) A water treatment device or backflow preventer must be scheduled for inspection or service in accordance with the manufacturer's instructions and as required by the local water utility, Indiana department of environmental management, or other local regulatory authority having jurisdiction to prevent device failure based on local water conditions. (b) Records demonstrating inspection and service must be: (c) For purposes of this section, a violation of subsection (a) or (b) is a PF item. (Indiana Department of Health; 410 IAC 7-26-361; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA) Sec. 362. (a) A reservoir used to supply water to a device, such as a produce fogger, must be: (b) Cleaning procedures include at least the following steps and must be conducted at least once a week: (c) For purposes of this section, a violation of subsection (a) or (b) is a P item. (Indiana Department of Health; 410 IAC 7-26-362; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA) Sec. 363. (a) A plumbing system must be: (b) For purposes of this section, a violation of subsection (a)(1) is a P item. (c) For purposes of this section, a violation of subsection (a)(2) is a core item. (Indiana Department of Health; 410 IAC 7-26-363; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA) Sec. 364. (a) Materials used in the construction of a mobile water tank, mobile retail food establishment water tank, and appurtenances must be: (b) For purposes of this section, a violation of subsection (a)(1) is a P item. (c) For purposes of this section, a violation of subsection (a)(2) through (a)(5) is a core item. (Indiana Department of Health; 410 IAC 7-26-364; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA) Sec. 365. (a) A mobile water tank must be: (b) For purposes of this section, a violation of subsection (a) is a core item. (Indiana Department of Health; 410 IAC 7-26-365; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA) Sec. 366. (a) If a water tank for a mobile retail food establishment is designed with an access port for inspection and cleaning, the opening must be in the top of the tank and: (b) For purposes of this section, a violation of subsection (a) is a core item. (Indiana Department of Health; 410 IAC 7-26-366; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA) Sec. 367. (a) In a mobile retail food establishment, a fitting with V-type threads on a water tank inlet or outlet is allowed only when a hose is permanently attached. (b) For purposes of this section, a violation of subsection (a) is a core item. (Indiana Department of Health; 410 IAC 7-26-367; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA) Sec. 368. (a) If provided, the mobile water tank vent in a mobile retail food establishment must terminate in a downward direction and be covered with: (b) For purposes of this section, a violation of subsection (a) is a core item. (Indiana Department of Health; 410 IAC 7-26-368; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA) Sec. 369. (a) A mobile retail food establishment's water tank, and its inlet and outlet must be sloped to drain. (b) A water tank inlet must be positioned so it is protected from contaminants, such as: (c) For purposes of this section, a violation of subsection (a) or (b) is a core item. (Indiana Department of Health; 410 IAC 7-26-369; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA) Sec. 370. (a) Hose used for conveying drinking water from a mobile retail food establishment's water tank must be: (b) For purposes of this section, a violation of subsection (a)(1) is a P item. (c) For purposes of this section, a violation of subsection (a)(2) through (a)(7) is a core item. (Indiana Department of Health; 410 IAC 7-26-370; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA) Sec. 371. (a) In a mobile retail food establishment, a filter that does not pass oil or oil vapors must be installed in the air supply line between the compressor and drinking water system when compressed air is used to pressurize the water tank system. (b) For purposes of this section, a violation of subsection (a) is a P item. (Indiana Department of Health; 410 IAC 7-26-371; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA) Sec. 372. (a) In a mobile retail food establishment, a cap and keeper chain, closed cabinet, closed storage tube, or other approved protective cover or device must be provided for a water inlet, outlet, and hose. (b) For purposes of this section, a violation of subsection (a) is a core item. (Indiana Department of Health; 410 IAC 7-26-372; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA) Sec. 373. (a) A mobile retail food establishment's water tank inlet must be as follows: (b) For purposes of this section, a violation of subsection (a) is a core item. (Indiana Department of Health; 410 IAC 7-26-373; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA) Sec. 374. (a) A mobile retail food establishment's water tank, pump, and hoses must be flushed and sanitized before being placed in service after: (b) For purposes of this section, a violation of subsection (a) is a P item. (Indiana Department of Health; 410 IAC 7-26-374; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA) Sec. 375. (a) A person shall operate a water tank, pump, and hoses so that backflow and other contamination of the water supply for the mobile retail food establishment are prevented. (b) For purposes of this section, a violation of subsection (a) is a P item. (Indiana Department of Health; 410 IAC 7-26-375; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA) Sec. 376. (a) If the mobile retail food establishment is not in use, a water tank hose inlet and outlet fitting must be protected using a cover or device as specified under section 372 of this rule. (b) For purposes of this section, a violation of subsection (a) is a core item. (Indiana Department of Health; 410 IAC 7-26-376; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA) Sec. 377. (a) Except as specified in subsection (b), a mobile retail food establishment's water tank, pump, and hoses used for conveying drinking water may not be used for any other purpose. (b) Water tanks, pumps, and hoses approved for liquid foods may be used for conveying drinking water if they are cleaned and sanitized before they are used to convey water. (c) For purposes of this section, a violation of subsection (a) is a P item. (Indiana Department of Health; 410 IAC 7-26-377; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA) Sec. 378. (a) A sewage holding tank in a mobile retail food establishment or temporary retail food establishment must be: (b) For purposes of this section, a violation of subsection (a) is a core item. (Indiana Department of Health; 410 IAC 7-26-378; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA) Sec. 379. (a) Retail food establishment drainage systems, including grease traps, that convey sewage must be designed and installed as specified under section 346(a) of this rule. (b) For purposes of this section, a violation of subsection (a) is a core item. (Indiana Department of Health; 410 IAC 7-26-379; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA) Sec. 380. (a) Except as specified in subsections (b), (c), (d), and (e), and as specified in 675 IAC 16-1.4, drains from equipment fixtures and portable equipment utilized for: (b) Drains from food storage areas, such as: must have an indirect connection through an air gap to a standpipe hub drain or waste receptor connected to the sanitary drainage system, but where protected against backflow by a backwater valve, floor drains must be indirectly connected to the sanitary drainage system by means of an air break or air gap as specified in 675 IAC 16-1.4. (c) Drains from commercial warewashing machines must be indirectly connected through an air gap or air break to a: connected to the sanitary drainage system as specified in 675 IAC 16-1.4. (d) A sink used only for warewashing may have a direct connection as specified in 675 IAC 16-1.4. (e) Sinks used only for warewashing and have drains with discharge temperatures less than one hundred forty (140) degrees Fahrenheit, sixty-one (61) degrees Celsius, are required to be directly connected to the sanitary system as specified in 675 IAC 16-1.4. (f) Warewashing sink drains or other fixture drains with discharge temperatures above one hundred forty (140) degrees Fahrenheit, sixty-one (61) degrees Celsius, are required to be indirectly connected to the sanitary system as specified in 675 IAC 16-1.4. (g) For purposes of this section, a violation of subsection (a) is a P item. (h) For purposes of this section, a violation of subsection (b), (c), (e), or (f) is a core item. (Indiana Department of Health; 410 IAC 7-26-380; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA) Sec. 381. (a) If used, a grease trap must be located to be easily accessible for cleaning. (b) For purposes of this section, a violation of subsection (a) is a core item. (Indiana Department of Health; 410 IAC 7-26-381; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA) Sec. 382. (a) Sewage must be conveyed to the point of disposal through an approved sanitary sewage system or other system, including: constructed, maintained, and operated according to law. (b) Except if approved by the regulatory authority for an outdoor food operation hand sink or a mobile or temporary retail food establishment, an owner or operator of a new retail food establishment may not use a holding tank as a means of sewage disposal. (c) For purposes of this section, a violation of subsection (a) or (b) is a P item. (Indiana Department of Health; 410 IAC 7-26-382; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA) Sec. 383. (a) Sewage and other liquid wastes must be removed from a mobile retail food establishment at an approved waste servicing area or by a sewage transport vehicle so that a public health hazard or nuisance is not created. (b) For purposes of this section, a violation of subsection (a) is a PF item. (Indiana Department of Health; 410 IAC 7-26-383; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA) Sec. 384. (a) A tank for liquid waste retention must be thoroughly flushed and drained in a sanitary manner during the servicing operation. (b) For purposes of this section, a violation of subsection (a) is a core item. (Indiana Department of Health; 410 IAC 7-26-384; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA) Sec. 385. (a) Sewage must be disposed through an approved facility that is: according to law. (b) For purposes of this section, a violation of subsection (a) is a P item. (Indiana Department of Health; 410 IAC 7-26-385; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA) Sec. 386. (a) Condensate drainage and other nonsewage liquids and rainwater must be drained from point of discharge to disposal according to law. (b) For purposes of this section, a violation of subsection (a) is a core item. (Indiana Department of Health; 410 IAC 7-26-386; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA) Sec. 387. (a) If located within the retail food establishment, a storage area for refuse, recyclables, and returnables must meet the requirements specified under section 407 of this rule, sections 409 through 416 of this rule, and section 422 of this rule. (b) For purposes of this section, a violation of subsection (a) is a core item. (Indiana Department of Health; 410 IAC 7-26-387; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA) Sec. 388. (a) An outdoor storage surface for refuse, recyclables, and returnables must be: (b) For purposes of this section, a violation of subsection (a) is a core item. (Indiana Department of Health; 410 IAC 7-26-388; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA) Sec. 389. (a) If used, an outdoor enclosure for refuse, recyclables, and returnables must be constructed of durable and cleanable materials. (b) For purposes of this section, a violation of subsection (a) is a core item. (Indiana Department of Health; 410 IAC 7-26-389; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA) Sec. 390. (a) Except as specified in subsection (b), receptacles and waste handling units for refuse, recyclables, and returnables, and for use with materials containing food residue, must be: (b) Plastic bags and wet strength paper bags may be used to line receptacles for storage inside the retail food establishment, or in closed outside receptacles. (c) For purposes of this section, a violation of subsection (a) is a core item. (Indiana Department of Health; 410 IAC 7-26-390; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA) Sec. 391. (a) Except for a receptacle for beverage bottle crown closures, a refuse receptacle may not be located in a vending machine. (b) For purposes of this section, a violation of subsection (a) is a core item. (Indiana Department of Health; 410 IAC 7-26-391; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA) Sec. 392. (a) Receptacles and waste handling units for refuse, recyclables, and returnables used with materials containing food residue and used outside the retail food establishment must be designed and constructed to have tight fitting lids, doors, or covers. (b) Receptacles and waste handling units for refuse and recyclables, such as a compactor, must be installed so that accumulation of debris and rodent or insect attraction or harborage, or both, are minimized. These units must be installed so that effective cleaning is facilitated around and, if the unit is not installed flush with the base pad, under the unit. (c) For purposes of this section, a violation of subsection (a) or (b) is a core item. (Indiana Department of Health; 410 IAC 7-26-392; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA) Sec. 393. (a) Inside storage rooms and areas, outside storage areas and enclosures, and receptacles must be of sufficient capacity to hold refuse, recyclables, and returnables that accumulate. (b) A receptacle must be provided in each area of the retail food establishment or premises where refuse is generated or commonly discarded, or where recyclables or returnables are placed. (c) If disposable towels are used at handwashing sinks, a waste receptacle must be located at each sink or group of adjacent sinks. (d) For purposes of this section, a violation of subsection (a), (b), or (c) is a core item. (Indiana Department of Health; 410 IAC 7-26-393; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA) Sec. 394. (a) A toilet room used by females must have a covered receptacle for sanitary napkins. (b) For purposes of this section, a violation of subsection (a) is a core item. (Indiana Department of Health; 410 IAC 7-26-394; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA) Sec. 395. (a) Except as specified in subsection (b), suitable cleaning implements and supplies, such as: must be provided as necessary for effective cleaning of receptacles and waste handling units for refuse, recyclables, and returnables. (b) If approved, off-premises based cleaning services may be used if on-premises cleaning implements and supplies are not provided. (c) For purposes of this section, a violation of subsection (a) or (b) is core item. (Indiana Department of Health; 410 IAC 7-26-395; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA) Sec. 396. (a) An area designated for: (b) A redeeming machine may be located in the packaged food storage area or consumer area of a retail food establishment if: are not subject to contamination from the machines and a public health hazard or nuisance is not created. (c) The location of receptacles and waste handling units for refuse, recyclables, and returnables may not: (d) For purposes of this section, a violation of subsection (a), (b), or (c) is a core item. (Indiana Department of Health; 410 IAC 7-26-396; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA) Sec. 397. (a) Refuse, recyclables, and returnables must be stored in receptacles or waste handling units so they are inaccessible to insects and rodents. (b) For purposes of this section, a violation of subsection (a) is a core item. (Indiana Department of Health; 410 IAC 7-26-397; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA) Sec. 398. (a) Storage areas, enclosures, and receptacles for refuse, recyclables, and returnables must be maintained in good repair. (b) For purposes of this section, a violation of subsection (a) is a core item. (Indiana Department of Health; 410 IAC 7-26-398; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA) Sec. 399. (a) Except as specified in subsection (b), refuse receptacles not meeting the requirements specified under section 390(a) of this rule, such as: that contain materials with food residue may not be stored outside. (b) Cardboard or other packaging material that: may be stored outside without being in a covered receptacle if it is stored so that it does not create a rodent harborage problem. (c) For purposes of this section, a violation of subsection (a) is a core item. (Indiana Department of Health; 410 IAC 7-26-399; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA) Sec. 400. (a) Receptacles and waste handling units for refuse, recyclables, and returnables must be kept covered: (b) For purposes of this section, a violation of subsection (a) is a core item. (Indiana Department of Health; 410 IAC 7-26-400; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA) Sec. 401. (a) Drains in receptacles and waste handling units for refuse, recyclables, and returnables must have drain plugs in place. (b) For purposes of this section, a violation of subsection (a) is a core item. (Indiana Department of Health; 410 IAC 7-26-401; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA) Sec. 402. (a) A storage area and enclosure for refuse, recyclables, or returnables must be clean and maintained free of unnecessary items, as specified under section 453 of this rule. (b) For purposes of this section, a violation of subsection (a) is a core item. (Indiana Department of Health; 410 IAC 7-26-402; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA) Sec. 403. (a) Receptacles and waste handling units for refuse, recyclables, and returnables must be thoroughly cleaned in a way that does not contaminate: (b) Wastewater must be disposed of as specified under section 382 of this rule. (c) Soiled receptacles and waste handing units for refuse, recyclables, and returnables must be cleaned as needed to prevent them from: (d) For purposes of this section, a violation of subsection (a), (b), or (c) is a core item. (Indiana Department of Health; 410 IAC 7-26-403; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA) Sec. 404. (a) Refuse, recyclables, and returnables must be removed from the premises at a frequency that will minimize the development of objectionable odors and other conditions that attract or harbor insects and rodents. (b) For purposes of this section, a violation of subsection (a) is a core item. (Indiana Department of Health; 410 IAC 7-26-404; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA) Sec. 405. (a) Refuse, recyclables, and returnables must be removed from the premises by way of: (b) For purposes of this section, a violation of subsection (a) is a core item. (Indiana Department of Health; 410 IAC 7-26-405; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA) Sec. 406. (a) Solid waste not disposed of through the sewage system, such as through grinders and pulpers, must be: (b) For purposes of this section, a violation of subsection (a) is a core item. (Indiana Department of Health; 410 IAC 7-26-406; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA) Sec. 407. (a) Except as specified in subsection (b), materials for indoor floor, wall, and ceiling surfaces under conditions of normal use must be: (b) In a temporary food establishment: (c) For purposes of this section, a violation of subsection (a) is a core item. (Indiana Department of Health; 410 IAC 7-26-407; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA) Sec. 408. (a) Outdoor walking and driving areas may be surfaced with concrete, asphalt, gravel, or other materials that have been effectively treated to: (b) Exterior surfaces of buildings and mobile retail food establishments must: (c) Outdoor storage areas for refuse, recyclables, or returnables must be of materials specified under sections 388 or 389 of this rule. (d) For purposes of this section, a violation of subsection (a), (b), or (c) is a core item. (Indiana Department of Health; 410 IAC 7-26-408; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA) Sec. 409. (a) Except as specified under section 412 of this rule, and except for antislip floor coverings or applications that may be used for safety reasons: must be designed, constructed, and installed so they are smooth and easily cleanable. (b) For purposes of this section, a violation of subsection (a) is a core item. (Indiana Department of Health; 410 IAC 7-26-409; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA) Sec. 410. (a) Utility service lines and pipes may not be unnecessarily exposed. (b) Exposed utility service lines and pipes must be installed so they do not obstruct or prevent cleaning of the floors, walls, or ceilings. (c) Exposed horizontal utility service lines and pipes may not be installed on the floor. (d) For purposes of this section, a violation of subsection (a), (b), or (c) is a core item. (Indiana Department of Health; 410 IAC 7-26-410; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA) Sec. 411. (a) In retail food establishments in which cleaning methods other than water flushing are used for cleaning floors, the floor and wall junctures must be coved and closed to not larger than one thirty-second (1/32) of an inch (one (1) millimeter). (b) The floors in retail food establishments in which water flush cleaning methods are used must be provided with drains and be graded to drain, and the floor and wall junctures must be coved and sealed. (c) For purposes of this section, a violation of subsection (a) or (b) is a core item. (Indiana Department of Health; 410 IAC 7-26-411; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA) Sec. 412. (a) A floor covering, such as carpeting or a similar material, may not be installed as a floor covering in: (b) If carpeting is installed as a floor covering in areas other than those specified under subsection (a), it must be as follows: (c) For purposes of this section, a violation of subsection (a) or (b) is a core item. (Indiana Department of Health; 410 IAC 7-26-412; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA) Sec. 413. (a) Mats and duckboards must be designed to be removable and easily cleanable. (b) For purposes of this section, a violation of subsection (a) is a core item. (Indiana Department of Health; 410 IAC 7-26-413; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA) Sec. 414. (a) Wall and ceiling covering materials must be attached so they are easily cleanable. (b) Except in areas used only for dry storage, concrete, porous blocks, or bricks used for indoor wall construction must be finished and sealed to provide a smooth, nonabsorbent, easily cleanable surface. (c) For purposes of this section, a violation of subsection (a) or (b) is a core item. (Indiana Department of Health; 410 IAC 7-26-414; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA) Sec. 415. (a) Except as specified in subsection (b), attachments to walls and ceilings, such including: must be easily cleanable. (b) In a consumer area, wall and ceiling surfaces and decorative items and attachments that are provided for ambiance need not meet this requirement if they are kept clean. (c) For purposes of this section, a violation of subsection (a) is a core item. (Indiana Department of Health; 410 IAC 7-26-415; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA) Sec. 416. (a) Except in temporary retail food establishments, studs, joists, and rafters may not be exposed in areas subject to moisture. (b) For purposes of this section, a violation of subsection (a) is a core item. (Indiana Department of Health; 410 IAC 7-26-416; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA) Sec. 417. (a) Except as specified in subsection (b), light bulbs must be shielded, coated, or otherwise shatter-resistant in areas where there is: (b) Shielded, coated, or otherwise shatter-resistant bulbs need not be used in areas used only for storing food in unopened packages if the: (c) An infrared or other heat lamp must be protected against breakage by a shield surrounding and extending beyond the bulb so that only the face of the bulb is exposed. (d) For purposes of this section, a violation of subsection (a) or (c) is a core item. (Indiana Department of Health; 410 IAC 7-26-417; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA) Sec. 418. (a) Heating, ventilating, and air conditioning systems must be designed and installed so that makeup air intake and exhaust vents do not cause contamination of: (b) For purposes of this section, a violation of subsection (a) is a core item. (Indiana Department of Health; 410 IAC 7-26-418; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA) Sec. 419. (a) Insect control devices used to electrocute or stun flying insects must be designed to keep the insect in the device. (b) Insect control devices must be installed so that: (c) For purposes of this section, a violation of subsection (a) or (b) is a core item. (Indiana Department of Health; 410 IAC 7-26-419; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA) Sec. 420. (a) Except where a toilet room is located outside a food establishment and does not open directly into the food establishment, such as a toilet room provided by the management of a shopping mall, a toilet room located on the premises must be completely enclosed and provided with a tight-fitting and self-closing door. (b) Toilet room doors must be kept closed, except during cleaning and maintenance. (c) For purposes of this section, a violation of subsection (a) or (b) is a core item. (Indiana Department of Health; 410 IAC 7-26-420; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA) Sec. 421. (a) Except as specified in this section, outer openings of a retail food establishment must be protected against the entry of insects and rodents by: (b) Subsection (a) does not apply if a retail food establishment opens into: and the outer openings from the larger or attached structure are protected against the entry of insects and rodents. (c) Exterior doors used as exits need not have a self-closing device when they are: (d) Except as specified in subsections (b) and (e), if the windows or doors of a retail food establishment, or of a larger structure within which a retail food establishment is located, are kept open for ventilation or other purposes, or a temporary retail food establishment is not provided with windows and doors as specified under subsection (a), the openings must be protected against the entry of insects and rodents by: (e) Subsection (d) does not apply if flying insects and other pests are absent due to the location of the establishment, the weather, or other limiting conditions. (f) This section does not apply to an approved outdoor food operation of a retail food establishment. (g) For purposes of this section, a violation of subsection (a) or (d) is a core item. (Indiana Department of Health; 410 IAC 7-26-421; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA) Sec. 422. (a) Unless approved not to have perimeter walls and roofs, such as for some: a retail food establishment must have perimeter walls and roofs that effectively protect the establishment from the weather and the entry of insects, rodents, and other animals. (b) For purposes of this section, a violation of subsection (a) is a core item. (Indiana Department of Health; 410 IAC 7-26-422; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA) Sec. 423. (a) If located outdoors, a machine used to vend food must have overhead protection, but machines vending canned beverages need not meet this requirement. (b) For purposes of this section, a violation of subsection (a) is a core item. (Indiana Department of Health; 410 IAC 7-26-423; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA) Sec. 424. (a) Unless otherwise approved by the regulatory authority, servicing areas must be provided with overhead protection, except areas used only for: (b) For purposes of this section, a violation of subsection (a) is a core item. (Indiana Department of Health; 410 IAC 7-26-424; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA) Sec. 425. (a) Exterior walking and driving surfaces must be graded to drain. (b) For purposes of this section, a violation of subsection (a) is a core item. (Indiana Department of Health; 410 IAC 7-26-425; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA) Sec. 426. (a) Outdoor refuse areas must be constructed in accordance with law and curbed and graded to drain to collect and dispose of liquid waste that results from the refuse and from cleaning the area and waste receptacles. (b) For purposes of this section, a violation of subsection (a) is a core item. (Indiana Department of Health; 410 IAC 7-26-426; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA) Sec. 427. (a) The following may not be used for retail food establishment operations: (b) For purposes of this section, a violation of subsection (a) is a P item. (Indiana Department of Health; 410 IAC 7-26-427; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA) Sec. 428. (a) Living or sleeping quarters located on the premises of a retail food establishment, such as those provided for lodging registration clerks or resident managers, must be separated from rooms and areas used for retail food establishment operations by complete partitioning and solid self-closing doors. (b) For purposes of this section, a violation of subsection (a) is a core item. (Indiana Department of Health; 410 IAC 7-26-428; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA) Sec. 429. (a) Each handwashing sink or group of two (2) adjacent handwashing sinks must be provided with a supply of hand cleaning: (b) For purposes of this section, a violation of subsection (a) is PF item. (Indiana Department of Health; 410 IAC 7-26-429; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA) Sec. 430. (a) Each handwashing sink or group of adjacent sinks must be provided with one (1) of the following: (b) For purposes of this section, a violation of subsection (a) is PF item. (Indiana Department of Health; 410 IAC 7-26-430; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA) Sec. 431. (a) A sink used for food preparation or utensil washing, or a service sink or curbed cleaning facility used for the disposal of mop water or similar wastes, may not be provided with the handwashing aids and devices required for a handwashing sink as specified under sections 393(c), 429, and 430 of this rule. (b) For purposes of this section, a violation of subsection (a) is a core item. (Indiana Department of Health; 410 IAC 7-26-431; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA) Sec. 432. (a) A sign or poster that notifies food employees to wash their hands must be: (b) For purpose of this section, a violation of subsection (a) is a core item. (Indiana Department of Health; 410 IAC 7-26-432; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA) Sec. 433. (a) A handwashing sink or group of adjacent sinks provided with disposable towels must be provided with a waste receptacle as specified under section 393(c) of this rule. (b) For purposes of this section, a violation of subsection (a) is a core item. (Indiana Department of Health; 410 IAC 7-26-433; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA) Sec. 434. (a) Toilets and urinals must be provided as specified under section 352 of this rule. (b) For purposes of this section, a violation of subsection (a) is a core item. (Indiana Department of Health; 410 IAC 7-26-434; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA) Sec. 435. (a) A supply of toilet tissue must be available at each toilet. (b) For purposes of this section, a violation of subsection (a) is a PF item. (Indiana Department of Health; 410 IAC 7-26-435; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA) Sec. 436. (a) The light intensity must be at least ten (10) foot-candles, one hundred eight (108) lux, at a distance of thirty (30) inches, seventy-five (75) centimeters, above the floor, in walk-in refrigeration units and dry food storage areas, and in other areas and rooms during periods of cleaning. (b) The light intensity must be at least twenty (20) foot-candles, two hundred fifteen (215) lux: (c) The light intensity must be at least fifty (50) foot-candles, five hundred forty (540) lux, at a surface where a food employee is working with food or with utensils or equipment, such as knives, slices, grinders, or saws, where employee safety is a factor. (d) For purposes of this section, a violation of subsection (a), (b), or (c) is a core item. (Indiana Department of Health; 410 IAC 7-26-436; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA) Sec. 437. (a) Mechanical ventilation must be provided in accordance with the requirements of 675 IAC, and be of sufficient capacity to keep rooms free of the following: (b) For purposes of this section, a violation of subsection (a) is a core item. (Indiana Department of Health; 410 IAC 7-26-437; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA) Sec. 438. (a) Dressing rooms or areas must be designated and used if employees regularly change their clothes in the establishment. (b) Lockers or other suitable facilities must be provided and used for the orderly storage of employee clothing and other possessions. (c) For purposes of this section, a violation of subsection (a) or (b) is a core item. (Indiana Department of Health; 410 IAC 7-26-438; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA) Sec. 439. (a) Toilet rooms must be conveniently located and accessible to employees during all hours of operation. (b) For purposes of this section, a violation of subsection (a) is core item. (Indiana Department of Health; 410 IAC 7-26-439; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA) Sec. 440. (a) Areas designated for employees to eat, drink, and use tobacco products must be located so that: are protected from contamination. (b) Lockers or other suitable facilities must be located in a designated room or area where contamination of: cannot occur. (c) For purposes of this section, a violation of subsection (a) or (b) is a core item. (Indiana Department of Health; 410 IAC 7-26-440; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA) Sec. 441. (a) Products held by the owner or operator in a retail food establishment for credit, redemption, or return to the distributor, such as damaged, spoiled, or recalled products, must be segregated and held in designated areas separated from: (b) For purposes of this section, a violation of subsection (a) is a PF item. (Indiana Department of Health; 410 IAC 7-26-441; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA) Sec. 442. (a) The physical facility of a retail food establishment must be maintained in good repair. (b) For purposes of this section, a violation of subsection (a) is a core item. (Indiana Department of Health; 410 IAC 7-26-442; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA) Sec. 443. (a) A physical facility of a retail food establishment must be cleaned as often as necessary to keep it clean. (b) Cleaning must be done during periods when the least amount of food is exposed, such as after closing. This requirement does not apply to cleaning that is necessary due to a spill or other accident. (c) For purposes of this section, a violation of subsection (a) or (b) is a core item. (Indiana Department of Health; 410 IAC 7-26-443; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA) Sec. 444. (a) Except as specified in subsection (b), only dustless methods of cleaning may be used, such as: (b) Spills or drippage on floors that occur between normal floor cleaning times may be cleaned: (c) For purposes of this section, a violation of subsection (a) is a core item. (Indiana Department of Health; 410 IAC 7-26-444; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA) Sec. 445. (a) Intake and exhaust air ducts must be cleaned and have filters changed so they are not a source of contamination by: (b) If vented to the outside, ventilation systems may not create a: (c) For purposes of this section, a violation of subsection (a) or (b) is a core item. (Indiana Department of Health; 410 IAC 7-26-445; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA) Sec. 446. (a) Food preparation sinks, handwashing sinks, and warewashing equipment may not be used for the: (b) For purposes of this section, a violation of subsection (a) is a PF item. (Indiana Department of Health; 410 IAC 7-26-446; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA) Sec. 447. (a) After use, mops must be placed in a position that allows them to air dry without soiling walls, equipment, or supplies. (b) For purposes of this section, a violation of subsection (a) is a core item. (Indiana Department of Health; 410 IAC 7-26-447; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA) Sec. 448. (a) Except as specified in section 444(b) of this rule: may not be used on floors. (b) For purposes of this section, a violation of subsection (a) is a core item. (Indiana Department of Health; 410 IAC 7-26-448; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA) Sec. 449. (a) Plumbing fixtures, such as handwashing sinks, toilets, and urinals, must be cleaned as often as necessary to keep them clean. (b) For purposes of this section, a violation of subsection (a) is a core item. (Indiana Department of Health; 410 IAC 7-26-449; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA) Sec. 450. (a) The premises must be maintained free of insects, rodents, and other pests. The presence of insects, rodents, and other pests must be controlled to eliminate their presence on the premises by: (b) For purposes of this section, a violation of subsection (a)(3) is a PF item. (c) For purposes of this section, a violation of subsection (a)(1), (a)(2), or (a)(4) is a core item. (Indiana Department of Health; 410 IAC 7-26-450; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA) Sec. 451. (a) Dead or trapped: must be removed from control devices and the premises at a frequency that prevents their accumulation, decomposition, or attraction of pests. (b) For purposes of this section, a violation of subsection (a) is a core item. (Indiana Department of Health; 410 IAC 7-26-451; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA) Sec. 452. (a) Maintenance tools, such as brooms, shovels, mops, vacuum cleaners, and similar items must be stored so they do not contaminate: (b) The maintenance tools described in subsection (a) must be stored in an orderly way that facilitates cleaning the area used for storing the maintenance tools. (c) For purposes of this section, a violation of subsection (a) or (b) is a core item. (Indiana Department of Health; 410 IAC 7-26-452; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA) Sec. 453. (a) The premises must be free of: (b) For purposes of this section, a violation of subsection (a) is a core item. (Indiana Department of Health; 410 IAC 7-26-453; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA) Sec. 454. (a) Except as specified in this section, live animals may not be allowed in the operational areas of a retail food establishment. (b) Live animals may be allowed if the contamination of food, clean equipment, utensils, linens, and unwrapped single-service and single-use articles cannot result, such as in the following situations: (c) Live or dead fish bait may be stored if contamination of: cannot result. (d) If approved by the regulatory authority, retail food establishments may allow pet dogs in outdoor dining areas. (e) For purposes of this section, a violation of subsection (a) is a PF item. (Indiana Department of Health; 410 IAC 7-26-454; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA) Sec. 455. (a) Containers of poisonous or toxic materials and personal care items must bear a legible manufacturer's label. (b) For purposes of this section, a violation of subsection (a) is a PF item. (Indiana Department of Health; 410 IAC 7-26-455; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA) Sec. 456. (a) Working containers used for storing poisonous or toxic materials, such as cleaners and sanitizers taken from bulk supplies, must be clearly and individually identified with the common name of the material. (b) For purposes of this section, a violation of subsection (a) is a PF item. (Indiana Department of Health; 410 IAC 7-26-456; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA) Sec. 457. (a) Poisonous or toxic materials must be stored so they cannot contaminate food, equipment, utensils, linens, and single-service and single-use articles by: (b) This section does not apply to equipment and utensil cleaners and sanitizers stored in warewashing areas for availability and convenience if the materials are stored to prevent contamination of food, equipment, utensils, linens, and single-service and single-use articles. (c) For purposes of this section, a violation of subsection (a) is a P item. (Indiana Department of Health; 410 IAC 7-26-457; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA) Sec. 458. (a) Only those poisonous or toxic materials required for the operation and maintenance of a retail food establishment, such as for the: are allowed in a retail food establishment. (b) Subsection (a) does not apply to packaged poisonous or toxic materials for retail sale. (c) For purposes of this section, a violation of subsection (a) is a PF item. (Indiana Department of Health; 410 IAC 7-26-458; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA) Sec. 459. (a) Poisonous or toxic materials must be used according to the following: (b) Poisonous or toxic materials must be applied so that: (c) A restricted use pesticide may be applied only by: (d) For purposes of this section, a violation of subsection (a)(2), (a)(3), or (b) is a P item. (e) For purposes of this section, a violation of subsection (c) is a PF item. (f) For purposes of this section, a violation of subdivision (a)(1) [subsection (a)(1)] is a core item. (Indiana Department of Health; 410 IAC 7-26-459; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA) Sec. 460. (a) A container previously used to store poisonous or toxic materials may not be used to store, transport, or dispense: (b) For purposes of this section, a violation of subsection (a) is a P item. (Indiana Department of Health; 410 IAC 7-26-460; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA) Sec. 461. (a) Chemical sanitizers, including chemical sanitizing solutions generated onsite, and other chemical antimicrobial formulations applied to food contact surfaces must: (b) For purposes of this section, a violation of subsection (a) is a P item. (Indiana Department of Health; 410 IAC 7-26-461; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA) Sec. 462. (a) Chemicals, including those generated at a retail food establishment, used to wash or peel raw, whole fruits and vegetables, or used in the treatment, storage, and processing of fruits and vegetables, must be: (b) For purposes of this section, a violation of subsection (a) is a P item. (Indiana Department of Health; 410 IAC 7-26-462; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA) Sec. 463. (a) Chemicals used as boiler water additives must meet the requirements specified in 21 CFR 173.310. (b) For purposes of this section, a violation of subsection (a) is a P item. (Indiana Department of Health; 410 IAC 7-26-463; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA) Sec. 464. (a) Drying agents used in conjunction with sanitization may contain only components listed as one (1) of the following: (b) When sanitization is with chemicals, the approval required under subsection (a)(5) or (a)(7), or the regulation as an indirect food additive required under subsection (a)(6), must be specifically for use with chemical sanitizing solutions. (c) For purposes of this section, a violation of subsection (a) or (b) is a P item. (Indiana Department of Health; 410 IAC 7-26-464; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA) Sec. 465. (a) Lubricants must meet the requirements specified in 21 CFR 178.3570 if they are used on: (b) For purposes of this section, a violation of subsection (a) is a P item. (Indiana Department of Health; 410 IAC 7-26-464; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA) Sec. 466. (a) Restricted use pesticides specified under section 459(c) of this rule must meet the requirements specified in law and the rules promulgated by the office of the Indiana state chemist. (b) For purposes of this section, a violation of subsection (a) is a P item. (Indiana Department of Health; 410 IAC 7-26-466; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA) Sec. 467. (a) Rodent bait must be contained in a covered, tamper-resistant bait station. (b) For purposes of this section, a violation of subsection (a) is a P item. (Indiana Department of Health; 410 IAC 7-26-467; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA) Sec. 468. (a) A toxic tracking powder pesticide may not be used in a retail food establishment. (b) If used, a nontoxic tracking powder, such as talcum or flour, may not contaminate: (c) For purposes of this section, a violation of subsection (a) is a P item. (d) For purposes of this section, a violation of subsection (b) is a core item. (Indiana Department of Health; 410 IAC 7-26-468; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA) Sec. 469. (a) Only those medicines necessary for the health of employees are allowed in a retail food establishment. This section does not apply to medicines stored or displayed for retail sale. (b) Medicines in a retail food establishment for the employees' use must be: (c) For purposes of this section, a violation of subsection (b) is a P item. (d) For purposes of this section, a violation of subsection (a) is a PF item. (Indiana Department of Health; 410 IAC 7-26-469; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA) Sec. 470. (a) Medicines belonging to employees or children in a day care center that require refrigeration and are stored in a food refrigerator must be: (b) For purposes of this section, a violation of subsection (a) is a P item. (Indiana Department of Health; 410 IAC 7-26-470; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA) Sec. 471. (a) First aid supplies in a retail food establishment for employees' use must be labeled as specified under section 455 of this rule. (b) First aid supplies must be stored in a kit or container that is located to prevent the contamination of: (c) For purposes of this section, a violation of subsection (b) is a P item. (d) For purposes of this section, a violation of subsection (a) is a PF item. (Indiana Department of Health; 410 IAC 7-26-471; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA) Sec. 472. (a) Except as specified under section 470 or 471 of this rule, employees shall store their personal care items in facilities specified under section 438(b) of this rule. (b) For purposes of this section, a violation of subsection (a) is a core item. (Indiana Department of Health; 410 IAC 7-26-472; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA) Sec. 473. (a) Poisonous or toxic materials must be stored and displayed for retail sale so they cannot contaminate food, equipment, utensils, linens, and single-service and single-use articles by: (b) For purposes of this section, a violation of subsection (a) is a P item. (Indiana Department of Health; 410 IAC 7-26-473; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA) Sec. 474. (a) The regulatory authority shall apply this rule uniformly to all retail food establishments in a reasonable manner that promotes its underlying purpose of safeguarding public health and ensuring that food is: when offered to the consumer. (b) In enforcing this rule, the regulatory authority shall assess existing facilities or equipment that were in use before the effective date of this rule based on the following considerations: (Indiana Department of Health; 410 IAC 7-26-474; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA) Sec. 475. (a) Except as specified in subsection (b), the owner or operator shall at the time of inspection correct a violation of a P item or PF item and implement corrective actions for a HACCP plan provision that is not in compliance with its critical limit. (b) Considering the nature of the potential hazard involved and the complexity of the corrective action needed, the regulatory authority may agree to or specify a longer time frame, not to exceed: (c) For purposes of this section, a violation of subsection (a) is a PF item. (Indiana Department of Health; 410 IAC 7-26-475; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA) Sec. 476. (a) Except as specified in subsection (b), the owner or operator shall correct core items by a date and time agreed to or specified by the department, but not later than ninety (90) calendar days after the inspection. (b) The regulatory authority may approve a compliance schedule that extends beyond the time limits specified under subsection (a) if a written schedule of compliance is submitted by the permit holder and no health hazard exists or will result from allowing an extended schedule for compliance. (c) For purposes of this section, a violation of subsection (a) is a core item. (Indiana Department of Health; 410 IAC 7-26-476; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA) Sec. 477. (a) A person may not operate a retail food establishment without first having registered with the regulatory authority as required under IC 16-42-1-6. (b) Except as specified in subsection (c), to allow verification that the retail food establishment is constructed, equipped, and otherwise meets requirements of this rule, the regulatory authority shall be notified of an intent to operate at least thirty (30) days before operating under this rule. (c) The regulatory authority preoperation requirements for micro market operations shall comply with the IC 16-42-5-32(e). (d) For purposes of this section, a violation of subsection (a) is a PF item. (e) For purposes of this section, a violation of subsection (b) is a core item. (Indiana Department of Health; 410 IAC 7-26-477; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA) Sec. 478. (a) After the regulatory authority presents official credentials and expresses an intent to conduct an inspection or investigation, or collect food samples, the person in charge shall allow the regulatory authority to verify that the retail food establishment is in compliance with this rule by allowing access to the establishment, and providing information and records specified in this rule and to which the regulatory authority is entitled according to law, during the retail food establishment's hours of operation and other reasonable times. (b) For purposes of this section, a violation of subsection (a) is a core item. (Indiana Department of Health; 410 IAC 7-26-478; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA) Sec. 479. (a) Existing retail food establishments with plumbing and mechanical equipment or systems, or both, which pre-date the effective date of this rule and were approved by the regulatory authority, or through a variance at the time of construction, shall not be required to update those systems unless any of the following occurs: (b) For purposes of this section, a violation of subsection (a) is a core item. (Indiana Department of Health; 410 IAC 7-26-479; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA) Sec. 480. (a) Except as stated in section 477(c) of this rule, the owner or other authorized agent of an existing or proposed retail food establishment shall submit to the regulatory authority plans and specifications for review before any of the following: (b) The owner or authorized agent of a retail food establishment or temporary food establishment may use the 2016 or later version of the Food Establishment Plan Review Guide, as published by FDA and the Conference for Food Protection, as a source for determining recommended equipment specifications and operational standards for retail food establishments and temporary food establishments. (c) The plans and specifications shall be approved by the regulatory authority before the construction and operation of the retail food establishment. (d) For purposes of this section, a violation of subsection (a) or (c) is a PF item. (Indiana Department of Health; 410 IAC 7-26-480; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA) Sec. 481. (a) The plans and specifications for a retail food establishment shall include, as required by the regulatory authority based on the type of operation, type of food preparation, and foods prepared, the following information to demonstrate compliance with this rule: (b) For purposes of this section, a violation of subsection (a) is a core item. (Indiana Department of Health; 410 IAC 7-26-481; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA) Sec. 482. (a) If the regulatory authority determines it necessary to protect against public health hazards or nuisances, the regulatory authority may temporarily impose specific requirements authorized by state or federal law in addition to the requirements contained in this rule. (b) The regulatory authority shall document the conditions that necessitate the imposition of additional requirements and the underlying public health rationale. The documentation shall be provided to the retail food establishment, and a copy maintained in the regulatory authority's file for the retail food establishment. (Indiana Department of Health; 410 IAC 7-26-482; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA) Sec. 483. (a) The owner or operator of a retail food establishment may request a variance from this rule as specified in IC 16-19-3-4.3 and IC 16-42-5-5.2. (b) The owner or other authorized agent of a retail food establishment that requests a variance of this rule shall complete a variance application provided by the department. The application information must adequately and completely address all areas of concern described in the department's "Policy for Processing Variance Requests". (c) Beginning the effective date of this rule, a retail food establishment may not commence implementation of a modification to this rule without first obtaining approval from the department. (d) An owner or operator of a retail food establishment with an approved variance shall meet the requirements and conditions stated in the variance. (e) For purposes of this section, a violation of subsection (c) or (d) is a P item. (Indiana Department of Health; 410 IAC 7-26-483; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA) Sec. 484. (a) If the department grants a variance as specified in section 483 of this rule, or a HACCP plan is otherwise required as specified under section 485 of this rule, the owner or other authorized agent of the retail food establishment shall: (b) For purposes of this section, a violation of subsection (a)(2) is a P item. (c) For purposes of this section, a violation of subsection (a)(1) or (a)(3) is a PF item. (Indiana Department of Health; 410 IAC 7-26-484; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA) Sec. 485. (a) Before engaging in an activity that requires a HACCP plan, the owner or other authorized agent of a retail food establishment shall submit a properly prepared HACCP plan as specified under section 486 of this rule to the regulatory authority or the department for approval if: (b) Before engaging in reduced oxygen packaging without a variance as specified under section 218 of this rule, an owner or operator of a retail food establishment shall submit a HACCP plan containing the information in section 486 of this rule to the regulatory authority. (c) For purposes of this section, a violation of subsection (a) or (b) is a core item. (Indiana Department of Health; 410 IAC 7-26-485; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA) Sec. 486. (a) For a retail food establishment required under section 485 of this rule to have a HACCP plan, the owner or other authorized agent of a retail food establishment shall submit to the regulatory authority or the department a properly prepared HACCP plan that includes: (b) For purposes of this section, a violation of subsection (a)(2) through (a)(7) is PF item. (c) For purposes of this section, a violation of subsection (a)(1) is a core item. (Indiana Department of Health; 410 IAC 7-26-486; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA) Sec. 487. The regulatory authority shall treat as confidential in accordance with IC 24-2-3 and IC 5-14-3: (Indiana Department of Health; 410 IAC 7-26-487; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA) Sec. 488. (a) A mobile retail food establishment shall comply with the applicable requirements of this rule, except as follows: (b) For purposes of this section, a violation of subsection (a)(8) is a P item. (c) For purposes of this section, a violation of subsection (a)(2), (a)(3), or (a)(6) is a PF item. (d) For purposes of this section, a violation of subsection (a)(1), (a)(5), or (a)(7) is a core item. (Indiana Department of Health; 410 IAC 7-26-488; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA) Sec. 489. (a) Outdoor food operations, before production, shall: (b) Outdoor food operations shall meet the applicable requirements of this rule as follows: (c) Retail food establishments with outdoor food operations that were approved before the effective date of this rule under a variance from the department may continue to operate according to the terms of that variance when the variance specifies requirements that are different from this section. (d) For purposes of this section, a violation of subsection (a) is a core item. (e) For purposes of this section, a violation subsection (b) is a P item. (Indiana Department of Health; 410 IAC 7-26-489; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA) Sec. 490. (a) Except as specified in subsection (b), the owner or operator of a retail food establishment shall immediately discontinue operations and notify the regulatory authority if an imminent health hazard may exist because of an emergency, such as: (b) A retail food establishment need not discontinue operations in an area of an establishment unaffected by the imminent health hazard. (c) If operations are discontinued as specified under this section or otherwise according to law, the retail food establishment shall obtain approval from the regulatory authority before resuming operations. (d) For purposes of this section, a violation of subsection (a) is a P item. (e) For purposes of this section, a violation of subsection (b) or (c) is a core item. (Indiana Department of Health; 410 IAC 7-26-490; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA) Sec. 491. (a) The regulatory authority shall act when it has reasonable cause to believe that a food employee or conditional employee: (b) The regulatory authority shall act by: (Indiana Department of Health; 410 IAC 7-26-491; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA) Sec. 492. Based on the findings of an investigation related to a food employee or conditional employee who is suspected of being infected or diseased, the regulatory authority may issue an order to the suspected or conditional employee or the retail food establishment owner instituting at least one (1) of the following control measures: (Indiana Department of Health; 410 IAC 7-26-492; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA) Sec. 493. Based on the findings of the investigation as specified in section 491 of this rule and to control disease transmission, the regulatory authority may issue an order of restriction or exclusion to a suspected food employee or the owner or operator of the retail food establishment without prior warning, or a hearing if the order states the following: (Indiana Department of Health; 410 IAC 7-26-493; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA) Sec. 494. The regulatory authority shall release a food employee or conditional employee from restriction or exclusion according to law and the conditions specified under section 139 of this rule. (Indiana Department of Health; 410 IAC 7-26-494; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA) Sec. 495. (a) When used in this article, references to the following publications shall mean the version of that publication listed below. The following publications are hereby incorporated by reference: (b) Federal rules that have been incorporated by reference do not include any later amendments than those specified in the incorporated citation. Sales of the Code of Federal Regulations are handled exclusively by the Superintendent of Documents, https://bookstore.gpo.gov/CFR. (Indiana Department of Health; 410 IAC 7-26-495; filed Mar 19, 2025, 2:06 p.m.: 20250416-IR-410240375FRA) LSA Document #24-375(F) Notice of First Public Comment Period: 20250416-IR-410240375FNA Hearing Held: December 13, 2024 Approved by Attorney General: February 28, 2025 Approved by Governor: March 13, 2025 Filed with Publisher: March 19, 2025, 2:06 p.m. Documents Incorporated by Reference: 9 CFR 317, December 14, 2023, Edition; 9 CFR 319, December 14, 2023, Edition; 9 CFR 381, December 14, 2023, Edition; 9 CFR 424.21, December 14, 2023, Edition; 21 CFR 70.3, January 22, 2024, Edition; 21 CFR 101, January 22, 2024, Edition; 21 CFR 113, January 22, 2024, Edition; 21 CFR 114, January 22, 2024, Edition; 21 CFR 120, January 22, 2024, Edition; 21 CFR 129, January 22, 2024, Edition; 21 CFR 130, January 22, 2024, Edition; 21 CFR 131-169, January 22, 2024, Edition; 21 CFR 170.3, January 22, 2024, Edition; 21 CFR 178, January 22, 2024, Edition; 21 CFR 1030.10, January 22, 2024, Edition; 40 CFR 152, January 29, 2024, Edition; 40 CFR 156, January 29, 2024, Edition; 40 CFR 180, January 29, 2024, Edition; 21 U.S.C. 9 et seq.; United States Standards, Grades, and Weight classes for Shell Eggs, AMS 56.200 et seq., Effective July 20, 2000; National Shellfish Sanitation Program Guide for the Control of Molluscan Shellfish, 2019 Revision; NSF/ANSI 18-2023-Manual Food & Beverage Dispensing Equipment; FDA publication Approved Drug Products with Therapeutic Equivalence Evaluations, 44th Edition; Over-the-Counter (OTC) Monograph M003: First Aid Antiseptic Drug Products for Over-the-Counter Human Use, May 2, 2023 Small Business Regulatory Coordinator: Kian Hoss, Indiana Department of Health, 2 North Meridian Street, Indianapolis, IN 46204, (463) 207-5082, KiHoss@health.in.gov
Documents
- Full text (state register) · April 16, 2025
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