The COVID Project
The record
- Jurisdiction
- Indiana
- Level
- State
- Authority
- Ind. Const. art. 4; Title 16, Article 42 (Food, Drugs, and Cosmetics), chapter 5 (Sanitary Requirements for Food Establishments)
- Issued
- 2021-07-01 July 1, 2021
- Effective
- In force before March 1, 2020 and on every day of 2020 Q2 through 2021 Q3 (read as 2020-03-01)
- End
- standing (read as 2021-09-30)
- In force
- Standing since Mar. 1, 2020 (a statutory duty; in force throughout the six quarters)
- Quarters
- 2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
- Limitation types
- Workplace rulesStanding dutyOperating condition
- Addressees
- specified businesses (every food establishment: restaurants, bars, taverns, groceries, food processors and vendors) and their employers, operators and employees
- Character
- sanitary code duty
- Collection
- Standing duties: Indiana DUT-IN
Operative words
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.
Penalty
Section 26(a): refusal to comply with the commissioner's 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))
What it required
Every food establishment keep its 'floors, sidewalls, ceiling, furniture, receptacles, implements, and machinery' clean and sanitary 'at all times' (section 8); exclude from work any person with a communicable disease where 'epidemiological evidence indicates the person may spread the disease' (section 19); obey the state health commissioner's written abatement orders within five days or another reasonable time (section 25(2)); local health officers 'shall' refer violations to the prosecuting attorney or the commissioner (section 25).
Retrieval noteCategory 5 instrument. The Retail Food Establishment Sanitation Requirements, 410 IAC 7-24 (adopted under Ind. Code 16-42-5-5), are the rules referenced by 410 IAC 1-2.5-30 and -64 ('restrict' a food employee) and are not separately saved. The Governor's restaurant and bar conditions (Exs. IN-024, IN-026, IN-030, IN-041) and the Alcohol and Tobacco Commission's permit enforcement (Ex. IN-090) operated on top of this standing sanitary code.