Bill Text: IN HB1298 | 2012 | Regular Session | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Transportation of food products.
Spectrum: Partisan Bill (Republican 2-0)
Status: (Enrolled - Dead) 2012-03-16 - Signed by the Governor [HB1298 Detail]
Download: Indiana-2012-HB1298-Introduced.html
PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana Constitution) is being amended, the text of the existing provision will appear in this style type, additions will appear in this style type, and deletions will appear inthis style type.
Additions: Whenever a new statutory provision is being enacted (or a new constitutional provision adopted), the text of the new provision will appear in this style type. Also, the word NEW will appear in that style type in the introductory clause of each SECTION that adds a new provision to the Indiana Code or the Indiana Constitution.
Conflict reconciliation: Text in a statute in this style type orthis style type reconciles conflicts
between statutes enacted by the 2011 Regular Session of the General Assembly.
Bill Title: Transportation of food products.
Spectrum: Partisan Bill (Republican 2-0)
Status: (Enrolled - Dead) 2012-03-16 - Signed by the Governor [HB1298 Detail]
Download: Indiana-2012-HB1298-Introduced.html
Introduced Version
HOUSE BILL No. 1298
_____
DIGEST OF INTRODUCED BILL
Citations Affected: IC 8-2.1-27; IC 34-30-2-24.3.
Synopsis: Transportation of food products. Provides that a person who
operates a motor vehicle for the transportation of food without
complying with health rules concerning food transportation commits
a Class A infraction. Authorizes a law enforcement officer to inspect,
detain, and, in certain cases, impound a motor vehicle that does not
comply with the health rules. Provides that a health inspector may order
the disposal of certain food and the impoundment of noncomplying
motor vehicles. Provides that a person who transports food that was
ordered disposed commits a Class C misdemeanor. Provides civil
immunity for certain individuals enforcing food transportation safety
laws.
Effective: July 1, 2012.
Davis
January 10, 2012, read first time and referred to Committee on Roads and Transportation.
Introduced
Second Regular Session 117th General Assembly (2012)
PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana Constitution) is being amended, the text of the existing provision will appear in this style type, additions will appear in this style type, and deletions will appear in
Additions: Whenever a new statutory provision is being enacted (or a new constitutional provision adopted), the text of the new provision will appear in this style type. Also, the word NEW will appear in that style type in the introductory clause of each SECTION that adds a new provision to the Indiana Code or the Indiana Constitution.
Conflict reconciliation: Text in a statute in this style type or
HOUSE BILL No. 1298
A BILL FOR AN ACT to amend the Indiana Code concerning
transportation.
Be it enacted by the General Assembly of the State of Indiana:
SOURCE: IC 8-2.1-27; (12)IN1298.1.1. -->
SECTION 1. IC 8-2.1-27 IS ADDED TO THE INDIANA CODE
AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2012]:
Chapter 27. Transportation of Food
Sec. 1. As used in this chapter, "acceptable temperature" means a temperature established in a rule or regulation adopted and enforced by the state department of health or a local health department with respect to the storage and transportation of a particular food.
Sec. 2. As used in this chapter, "health inspector" refers to an agent or employee of the state department of health or a local health department.
Sec. 3. As used in this chapter, "law enforcement officer" means:
(1) a state police officer; or
(2) a state police motor carrier inspector;
with authority to enforce this article.
Sec. 4. (a) A person may not operate a motor vehicle for the transportation of food upon a public highway unless the motor vehicle is in compliance with applicable rules adopted by the state department of health concerning the transportation of food.
(b) In addition to any penalties provided in IC 9, IC 16, or rules or regulations adopted by the state department of health or a local health department, a person who operates a motor vehicle for the transportation of food in violation of subsection (a) commits a Class A infraction. The operation of a motor vehicle in violation of subsection (a) includes the operation of the vehicle when:
(1) the temperature of the compartment of the motor vehicle in which food is stored during transportation is more than two degrees (2.) above the acceptable temperature; or
(2) the food being transported exhibits outward signs of contamination, spoilage, deterioration, putrefaction, or infestation.
Sec. 5. (a) A law enforcement officer may inspect a motor vehicle used to transport food to determine compliance with section 4(a) of this chapter. If the law enforcement officer determines that the motor vehicle is not in compliance, the law enforcement officer may:
(1) contact a health inspector to inspect the motor vehicle; and
(2) detain the motor vehicle and the motor vehicle's operator for purposes of the inspection.
(b) A health inspector may inspect a motor vehicle used to transport food to determine compliance with section 4(a) of this chapter. If the health inspector determines that the motor vehicle is not in compliance with section 4(a) of this chapter, the health inspector may order either or both of the following:
(1) Disposal of part or all of the food.
(2) Impoundment of the vehicle.
(c) A person who recklessly, knowingly, or intentionally transports food that a health inspector orders to be disposed under subsection (b)(1), other than for the purpose of disposal, commits a Class A misdemeanor.
(d) A person who operates a motor vehicle impounded under subsection (b)(2) may not obtain possession of the motor vehicle until the person complies with this chapter, including paying any costs associated with the disposal of food under subsection (b)(1).
Sec. 6. The following are not liable in a civil action for an official act done or omitted in connection with the performance of duties under this chapter:
(1) An agent or employee of the department.
(2) An agent or employee of the state police department.
(3) An agent or employee of the state department of health.
(4) An agent or employee of a local health department.
(5) Any other individual charged with enforcing:
(A) this article; or
(B) rules or regulations adopted by the state department of health or a local health department concerning the transportation of food.
Chapter 27. Transportation of Food
Sec. 1. As used in this chapter, "acceptable temperature" means a temperature established in a rule or regulation adopted and enforced by the state department of health or a local health department with respect to the storage and transportation of a particular food.
Sec. 2. As used in this chapter, "health inspector" refers to an agent or employee of the state department of health or a local health department.
Sec. 3. As used in this chapter, "law enforcement officer" means:
(1) a state police officer; or
(2) a state police motor carrier inspector;
with authority to enforce this article.
Sec. 4. (a) A person may not operate a motor vehicle for the transportation of food upon a public highway unless the motor vehicle is in compliance with applicable rules adopted by the state department of health concerning the transportation of food.
(b) In addition to any penalties provided in IC 9, IC 16, or rules or regulations adopted by the state department of health or a local health department, a person who operates a motor vehicle for the transportation of food in violation of subsection (a) commits a Class A infraction. The operation of a motor vehicle in violation of subsection (a) includes the operation of the vehicle when:
(1) the temperature of the compartment of the motor vehicle in which food is stored during transportation is more than two degrees (2.) above the acceptable temperature; or
(2) the food being transported exhibits outward signs of contamination, spoilage, deterioration, putrefaction, or infestation.
Sec. 5. (a) A law enforcement officer may inspect a motor vehicle used to transport food to determine compliance with section 4(a) of this chapter. If the law enforcement officer determines that the motor vehicle is not in compliance, the law enforcement officer may:
(1) contact a health inspector to inspect the motor vehicle; and
(2) detain the motor vehicle and the motor vehicle's operator for purposes of the inspection.
(b) A health inspector may inspect a motor vehicle used to transport food to determine compliance with section 4(a) of this chapter. If the health inspector determines that the motor vehicle is not in compliance with section 4(a) of this chapter, the health inspector may order either or both of the following:
(1) Disposal of part or all of the food.
(2) Impoundment of the vehicle.
(c) A person who recklessly, knowingly, or intentionally transports food that a health inspector orders to be disposed under subsection (b)(1), other than for the purpose of disposal, commits a Class A misdemeanor.
(d) A person who operates a motor vehicle impounded under subsection (b)(2) may not obtain possession of the motor vehicle until the person complies with this chapter, including paying any costs associated with the disposal of food under subsection (b)(1).
Sec. 6. The following are not liable in a civil action for an official act done or omitted in connection with the performance of duties under this chapter:
(1) An agent or employee of the department.
(2) An agent or employee of the state police department.
(3) An agent or employee of the state department of health.
(4) An agent or employee of a local health department.
(5) Any other individual charged with enforcing:
(A) this article; or
(B) rules or regulations adopted by the state department of health or a local health department concerning the transportation of food.
SOURCE: IC 34-30-2-24.3; (12)IN1298.1.2. -->
SECTION 2. IC 34-30-2-24.3 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2012]: Sec. 24.3. IC 8-2.1-27-6 (Concerning
persons who enforce certain food transportation safety laws).
