§ 16-42-5-32 — Micro markets; definition; exemption from requirement to have person in charge present; exemption requirements; not subject to pre-plan review

(a) As used in this section, "micro market"
means an unstaffed, self-checkout retail food establishment that:
(1) consists of one (1) or more micro market displays that do not
exceed seventy-five (75) linear feet in total length across the front
of all displays in any one (1) location;
(2) contains an automated payment system;
(3) is located indoors and within a business;
(4) is accessible only to an:
(A) owner or employee of the business; or
(B) escorted guest; and
(5) is not accessible to the general public.
(b) As used in this section, "micro market display" means any of the
following in which food is displayed:
(1) An open rack.
(2) A refrigerator or a refrigerated cooler.
(3) A freezer.
(4) A vending machine.
(5) A beverage dispenser.
(6) A hot beverage brewer.
(c) As used in this section, "vending machine" means a self-service
device that, upon activation, by the use of:
(1) a coin;
(2) paper currency;
(3) a token;
(4) a card;
(5) a key; or
(6) a software application on a smartphone;
or by optional manual operation, dispenses unit servings of food in bulk
or in packages without the necessity of replenishing the device between
each vending operation.
(d) Notwithstanding any other state law or administrative rule, the
owner or operator of a micro market is not required to have a person in
charge present at the micro market, as otherwise required under 410
IAC 7-24 or under any successor rule adopted by the state department,
if the following requirements are met:
(1) The following security measures are used for the micro
market:
(A) The micro market location includes video surveillance that
operates on a twenty-four (24) hour per day, seven (7) day per
week basis and:
(i) records consumers viewing, selecting, handling, and
purchasing products from the micro market; and
(ii) provides sufficient resolution to identify consumers
described in item (i).
(B) The video surveillance recordings described in clause (A)
are:
(i) maintained; and
(ii) available for inspection upon request by the state
department or another applicable regulatory agency;
for fourteen (14) days after the date of the surveillance.
(C) A video surveillance recording requested for inspection
under clause (B) is made available to the state department or
other requesting regulatory agency not later than twenty-four
(24) hours after the time the request is received by the owner or
operator of the micro market.
(D) The automated self-checkout equipment used in the micro
market has the capability to match a purchase with the
consumer who made the purchase.
(2) The only food sold at the micro market is commercially
prepackaged food, ready to eat fruit, and hot beverages. Except
for hot beverages, all food must be sold unheated.
(3) Prepackaged food sold at the micro market is contained in
tamper evident packaging.
(4) Prepackaged food sold at the micro market contains the
following information on its packaging:
(A) Except as exempted under the federal Food, Drug, and
Cosmetic Act (21 U.S.C. 301 et seq.), nutrition labeling for the
food as specified in 21 CFR 101 and 9 CFR 317, Subpart B.
(B) A freshness or expiration date.
(C) The labeling requirements set forth in 410 IAC 7-24-146 or
in any successor rule adopted by the state department.
(5) Refrigerated or frozen food sold in the micro market is stored
in a refrigerated cooler or freezer that:
(A) maintains an internal temperature:
(i) of forty-one (41) degrees Fahrenheit or less; or
(ii) as otherwise necessary for food safety, as established by
the state department;
(B) has self-closing doors;
(C) allows the food to be viewed without opening the door to
the refrigerated cooler or freezer; and
(D) has an automatic self-locking feature that prevents a
consumer from accessing the food upon the occurrence of any
condition (including a power failure or mechanical failure) that
results in the failure of the refrigerated cooler or freezer to
maintain the internal temperature set forth in clause (A).
(6) There is a sign that:
(A) is posted at the location of the micro market;
(B) is readily visible from the automated payment system; and
(C) contains the following information that is printed entirely
in English and that may also, at the discretion of the owner or
operator of the micro market, be printed in any other prevalent
language of the customers of the micro market:
(i) The name of the owner or operator of the micro market to
whom complaints and comments concerning the micro
market may be addressed.
(ii) The business address of the owner or operator of the
micro market.
(iii) The telephone number of the owner or operator of the
micro market.
(iv) The electronic mail address and Internet web site
information for the owner or operator of the micro market, as
applicable.
(e) Notwithstanding any other law, administrative rule, or local
ordinance, an owner or operator of a micro market shall not be required
to:
(1) submit any documentation; or
(2) be subject to any:
(A) pre-plan review;
(B) inspection process; or
(C) approval process;
by the state department, corporation, or local health department
before the installation of a micro market.
An owner or operator of a micro market must notify the corporation or
local health department where the micro market is located not later
than ten (10) business days after the installation of the micro market.
An owner or operator of a micro market shall not be subject to any fee
associated with the notification described in this subsection.

Legislative History

As added by P.L.46-2017, SEC.4. Amended by P.L.91-2021, SEC.1.