{"id":"DUT-IN-016","kind":"duty","level":"state","jurisdiction":"Indiana","state":"IN","metro":"","industry":"","agency":"","eco":"","issuer":"Indiana General Assembly (Indiana Code 2021 edition)","authority":"Ind. Const. art. 4; Title 16, Article 42 (Food, Drugs, and Cosmetics), chapter 5 (Sanitary Requirements for Food Establishments)","instrument":"Ind. Code Title 16, Article 42, chapter 5: sections 16-42-5-6, -8 (premises \u0027must at all times be clean and sanitary\u0027), -19 (diseased employees), -25 (orders to abate), -26 (offense for noncompliance with the commissioner\u0027s order), -27 (offense for violation), -28 (civil penalties)","title":"Sanitary Requirements for Food Establishments: standing sanitation and disease-exclusion duties of restaurants, bars, groceries and every other food establishment, with abatement orders and misdemeanor and civil penalties","dateIssued":"2021-07-01","effective":"In force before March 1, 2020 and on every day of 2020 Q2 through 2021 Q3","end":"standing","startDate":"2020-03-01","endDate":"2021-09-30","quarters":["2020Q2","2020Q3","2020Q4","2021Q1","2021Q2","2021Q3"],"types":["DUTY","COND","EMP"],"addressees":["specified businesses (every food establishment: restaurants, bars, taverns, groceries, food processors and vendors) and their employers, operators and employees"],"clause":"A person who has a communicable or infectious disease may not work in a food establishment in any capacity in which epidemiological evidence indicates the person may spread the disease.... A person who refuses to comply with a lawful order or requirement of the state health commissioner made in writing as provided in this chapter commits a Class B misdemeanor.","enforcement":"Section 26(a): refusal to comply with the commissioner\u0027s written order, Class B misdemeanor, each day a separate offense; section 27(a): reckless violation of the chapter, Class B misdemeanor, each day a separate offense; section 28: civil penalties of up to $1,000 per violation per day and orders of compliance; prosecution by the prosecuting attorney (section 25(1))","functions":[],"notes":"Every food establishment keep its \u0027floors, sidewalls, ceiling, furniture, receptacles, implements, and machinery\u0027 clean and sanitary \u0027at all times\u0027 (section 8); exclude from work any person with a communicable disease where \u0027epidemiological evidence indicates the person may spread the disease\u0027 (section 19); obey the state health commissioner\u0027s written abatement orders within five days or another reasonable time (section 25(2)); local health officers \u0027shall\u0027 refer violations to the prosecuting attorney or the commissioner (section 25).","sourceUrl":"https://iga.in.gov/ic/2021/Title_16/Article_42.pdf","snapshot":"","fileExists":true,"fileBytes":1498309,"grade":"primary","character":"sanitary_code_duty","description":"","collection":"DUT-IN","url":"/library/DUT-IN-016","exhibitUrl":"/exhibit/DUT-IN-016","citation":"Indiana General Assembly (Indiana Code 2021 edition), Ind. Code Title 16, Article 42, chapter 5: sections 16-42-5-6, -8 (premises \u0027must at all times be clean and sanitary\u0027), -19 (diseased employees), -25 (orders to abate), -26 (offense for noncompliance with the commissioner\u0027s order), -27 (offense for violation), -28 (civil penalties) (standing) (Ex. DUT-IN-016)","stateName":"Indiana","related":["IN-024","IN-026","IN-030","IN-041","IN-090","DUT-IN-004","DUT-IN-003","DUT-IN-005","DUT-IN-017"]}