Bill Text: IN HB1298 | 2012 | Regular Session | Engrossed
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-Engrossed.html
Citations Affected: IC 8-2.1; IC 34-30.
Synopsis: Transportation of food products. Provides that a person who
operates a motor vehicle for the transportation of food without
complying with health rules or certain health requirements 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 A
misdemeanor. Provides civil immunity for certain individuals enforcing
food transportation safety laws.
Effective: July 1, 2012.
(SENATE SPONSORS _ HOLDMAN, PAUL)
January 11, 2012, read first time and referred to Committee on Roads and Transportation.
January 26, 2012, amended, reported _ Do Pass.
January 30, 2012, read second time, ordered engrossed. Engrossed.
January 31, 2012, read third time, passed. Yeas 96, nays 0.
February 1, 2012, read first time and referred to Committee on Homeland Security, Transportation and Veterans Affairs.
February 16, 2012, amended, reported favorably _ Do Pass.
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
A BILL FOR AN ACT to amend the Indiana Code concerning
transportation.
Chapter 27. Transportation of Food
Sec. 1. As used in this chapter, "acceptable temperature" means a temperature established in a rule or regulation adopted by the state department of health with respect to the storage and transportation of a particular food and enforced by the state department of health or a local health department.
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. As used in this chapter, "local health department" refers to a local health department established under IC 16-20 or the health and hospital corporation created under IC 16-22-8.
Sec. 5. As used in this chapter, "motor vehicle for the transportation of food" means:
(1) a common carrier that professes to the general public that the carrier engages in transportation by motor vehicle of food for compensation;
(2) a contract carrier that engages in transportation by motor vehicle of food for compensation (other than transportation provided by a common carrier described in subdivision (1)) under continuing contracts with one (1) person or a limited number of persons for:
(A) the furnishing of transportation services through the dedication of motor vehicles for a continuing time to the exclusive use of each person served; or
(B) the furnishing of transportation services designed to meet the distinct need of each individual customer; or
(3) a motor vehicle that is engaged in the transportation of food that is operated by any establishment within Indiana that manufactures, packages, stores, or repackages human food products for distribution to another entity for resale or redistribution.
Sec. 6. 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.
Sec. 7. (a) A law enforcement officer may inspect a motor vehicle used to transport food to determine compliance with section 6 of this chapter.
(b) This subsection applies if, during the course of an inspection under subsection (a), a law enforcement officer determines that:
(1) the temperature of the food is more than two (2) degrees above the acceptable temperature;
(2) the food exhibits outward signs of contamination, spoilage, deterioration, putrefaction, or infestation; or
(3) the food is improperly loaded in a manner that increases the risk of cross-contamination.
A person who operates a motor vehicle described in this subsection commits a Class A infraction.
(c) If, during the course of an inspection under subsection (a), a law enforcement officer determines that the motor vehicle is not in
compliance with applicable rules and regulations adopted by the
state department of health concerning the transportation of food,
the law enforcement officer:
(1) may contact a health inspector to inspect the motor
vehicle; and
(2) may detain the motor vehicle and its operator for purposes
of the inspection.
(d) If a health inspector is present to inspect a motor vehicle and
finds a violation of section 6 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.
(e) The penalty under this subsection is 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.
This subsection applies if a health inspector, after inspection of a
motor vehicle under subsection (d) finds a violation of section 6 of
this chapter. A person who operates a motor vehicle described in
this subsection commits a Class A infraction.
(f) A person who recklessly, knowingly, or intentionally
transports food that a health inspector ordered to be disposed
under subsection (d)(1), other than for the purpose of disposal,
commits a Class A misdemeanor.
(g) A person who operated a motor vehicle impounded under
subsection (d)(2) may not obtain possession of the motor vehicle
until the person complies with the requirements of this chapter,
including paying any costs associated with the disposal of food
under subsection (d)(1).
Sec. 8. 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.
[EFFECTIVE JULY 1, 2012]: Sec. 24.3. IC 8-2.1-27-8 (Concerning
persons who enforce certain food transportation safety laws).
