Authority: IC
16-42-5-5
Affected: IC 16-42-5
Sec. 196.
(a) Except
as specified in sections 182(c), 182(d)(3), and 153 of this rule, if an animal
food such as:
(1) beef;
(2) eggs;
(3) fish;
(4) lamb;
(5) milk;
(6) pork;
(7) poultry; or
(8) shellfish;
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 such 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 shall include:
(1) a description of
the animal-derived foods, such as:
(A) oysters
on the half shell (raw oysters);
(B) raw-egg caesar salad; and
(C) hamburgers (can be cooked to order);
or
(2) identification of
the animal-derived foods by asterisking them to a footnote that states that the
items are served raw or undercooked or contain (or may contain) raw or
undercooked ingredients.
(c) A reminder shall include asterisking the
animal-derived foods requiring disclosure to a footnote that states one (1) of
the following:
(1) Regarding the safety of
these items, written information is available upon request.
(2) Consuming raw or undercooked meats,
poultry, seafood, shellfish, or eggs may increase your risk of foodborne
illness.
(3) Consuming raw or
undercooked meats, poultry, seafood, shellfish, or eggs may increase your risk
of foodborne illness, especially if you have certain medical
conditions.
(d) Long term
care health facilities and other institutional facilities, which provide meals
to residents who are at least sixty-five (65) years of age, shall provide
written information to resident consumers informing them of the risks
associated with consuming food described in subsection (a). The facility shall
have a record of the notice on file as long as residency is maintained at the
facility by the consumer.
(e) For
purposes of this section, a violation of subsection (a), (b), (c), or (d) is a
critical item.
