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HOW TO START A
RETAIL FOOD BUSINESS
To start a retail food business requires
careful planning, knowledge of food safety, and skillful management, in addition
to knowledge of Indiana food laws and any federal regulations. A retail food
establishment is briefly defined as "an operation that stores, prepares,
packages, serves, vends, or otherwise provides food for human consumption" ( 410
IAC 7-24-79). The term includes, a delivery service, or a mobile or temporary
facility where consumption is on or off the premises, and regardless of whether
there is a charge for the food. These are a few examples: a restaurant, a
catering operation, a grocery store, a tavern, or a food bank.
Where to Start
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The Indiana State food law requires that all food
establishments be registered through the state or the county health
department. The county health departments have jurisdiction over a retail food
establishment not on state property.
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Union County Ordinance requires a permit and a fee to
operate a retail food establishment. |
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Rules and Regulations
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The ISDH Food Protection rule titled "Retail Food
Establishment Sanitation Requirements" for food establishments is Title 410 of
the Indiana Administrative Code, Article 7, Rule 24 (abbr.
410 IAC 7-24). |
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The Bed & Breakfast rule is under Title 410 of the
Indiana Administrative Code, Article 7, Rule 15.5 (abbr.
410 IAC 7-15.5). |
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A new
regulation Title 410 of the Indiana Administrative Code, Article 7, Rule 22 (abbr.
410 IAC 7-22)
for Certification of Food Handlers was enacted by the 2001 legislature. The
statute states that after December 31, 2004, every food service establishment,
not exempt, must employ a certified food handler. |
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Not for Profit Organizations
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Indiana State Food Law (IC 16-42-5-4) excludes
organizations that are tax exempt under IC 6-2.1-3.20 through IC 6-2.1-3-22.
Indiana food law allows you to sell food to the final consumer at an event
for not more than 30 days in a calendar year without registering with the
state or county health department, provided the food is made and labeled by
the organization members. Please review IC 16-42-5-4 to ensure that the
organization meets the requirements specified in the law. Organizations are
not exempt from other applicable laws. If you have any questions please call
the department at (317) 233-7360. |
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Prerequisite for Operation & Submission of Plans
Section 107 of 410 IAC 7-24 states that the retail food
establishment shall notify the regulatory authority with an intent to operate at
least 30 days prior to registering under this rule.
Section 110 of the Indiana Administrative Code, Title 410,
Article 7, Rule 24 (abbr. 410 IAC 7-24-110), requires that plans be submitted to
the regulatory authority. The submission of plans are also required by other
state entities, such as Fire and Building Services; your architect or engineer
should have that information.
Plan Review Information for Proposed Food Establishments
in Union County, Indiana
Regulatory Authority is: Union County Health
Department
Mailing
Address: 6 West South Street - Suite 2, Liberty IN 47353
Office Location Address: 6 West South Street, Liberty, Indiana
The owner or other authorized
agent of a proposed retail food establishment shall submit to the Union County
Health Department completed
application for plan review,
plan review questionnaire (Instructions
for plan review questionnaire), properly prepared plans and specifications
for review before any of the following:
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The construction of a retail food establishment.
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The conversion of an existing structure for use as a
retail food establishment.
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The remodeling of a
retail food establishment or a change of type of retail food establishment or
food operation if the Union County Health Department determines that plans and
specifications are necessary to ensure compliance with rule 410 IAC 7-24
The retail food establishment owner, operator
or other authorized agent should use the
2000 Food Establishment Plan
Review Guide as published by the U.S. Food and Drug Administration, as a
source for determining recommended equipment specifications and operational
standards for retail food establishments
The plans and specifications shall be approved by the Union
County Health Department prior to construction.
The following shall be
required prior to the operation of a retail food establishment:
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a pre-operational
facility inspection
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a food establishment permit issued by the regulatory
authority
The plans should include:
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the intended menu to be served; |
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anticipated volume of the food to be stored, prepared,
and sold or served; |
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proposed layout, mechanical schematics, construction
materials and finish schedule; |
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proposed equipment types, manufacturers, model numbers,
locations, dimensions, performance capacities, and installation
specifications; |
Other information may be required by the regulatory
authority for the proper review of the proposed construction, conversion or
modifications, and procedures for operating a retail food establishment.
A Short Check List:
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Plans and Registration/Permit Applications are submitted
to the regulatory authority. |
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All food employees shall be free from infection or
illness that is transmissible by food and shall practice excellent hygiene.
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A person who is responsible for food safety at the
establishment shall be trained in food safety. |
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All foods/ingredients must be obtained from an approved
source and received in good condition and at proper temperature. |
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Keep the facility secure from insects, birds and rodents.
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Refrigeration/freezer/hot and cold holding equipment must
meet the needs of the operation. |
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Equipment must be designed, constructed, and installed
properly. |
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The facility must have accurate thermometers. |
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The facility must have adequate water and sewage systems.
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The facility must have sinks for handwashing,
equipment/utensil cleaning, and a mop/service sink. |
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The floors, walls and ceilings must be smooth and easily
cleanable. |
It is necessary for all food establishments to read and
follow rule 410 IAC 7-24.
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Union County Health Department
