§ 8-2.1-27-7 — Inspection to determine compliance; noncompliance; Class A infraction; inspection by law enforcement officer or health inspector; transporting food ordered disposed; Class A misdemeanor; impoundment

Indiana § 8-2.1-27-7

• Jurisdiction: Indiana
• Art. 2.1: MOTOR CARRIER REGULATION
• Ch. 27: Transportation of Food

Text

(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
Indiana 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 Indiana
department of health. 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).

Legislative History

As added by P.L.108-2012, SEC.1. Amended by P.L.56-2023, SEC.58.