Sec. 30. (a) As used in this section, "permit holder" means the holder of:
(1) a farm winery permit under IC 7.1-3-12-5; or
(2) a brewer's permit under IC 7.1-3-2-7(5).
(b) A permit holder that sells or furnishes alcoholic beverages by the glass at a festival, fair, or other temporary location authorized by the permit holder's permit under IC 7.1, is not considered to be a food establishment and is exempt from the requirements of this title that apply to food establishments, if the following requirements are met:
(1) The holder of a farm winery permit furnishes only the following for consumption on the premises, regardless of whether there is a charge:
(A) Wine samples.
(B) Wine by the glass.
The holder may not serve or furnish any food, including any fruit, condiment, flavoring, or garnish added to the wine after the wine is poured from its original container.
(2) The holder of a brewer's permit furnishes only the following for consumption on the premises, regardless of whether there is a charge:
(A) Beer samples.
(B) Beer by the glass.
The holder may not serve or furnish any food, including any fruit, condiment, flavoring, or garnish added to the beer after the beer is poured from its original container.
(c) A local unit of government (as defined in IC 14-22-31.5-1) may not require any licensure, registration, or certification of a permit holder as a condition of providing alcoholic beverages at a festival, fair, or other temporary location authorized by the permit holder's permit under IC 7.1, if the permit holder meets the requirements of this section.
As added by P.L.144-2015, SEC.6.
Structure Indiana Code
Article 42. Regulation of Food, Drugs, and Cosmetics
Chapter 5. Food: Sanitary Requirements for Food Establishments
16-42-5-0.1. Application of Certain Amendments to Chapter
16-42-5-0.4. Enforcement of Local Standards for Food Handling or Food Establishments
16-42-5-0.5. Local Standards or Penalties Regarding Food Handling or Food Establishments Precluded
16-42-5-0.7. Local Standards Regarding Food Handling Machinery Precluded
16-42-5-0.9. Petitions for Changes in Rules
16-42-5-2.3. Food Handling Machinery Defined
16-42-5-5.2. Variances From Rules
16-42-5-6. Conditions of Health and Comfort
16-42-5-7. Construction to Facilitate Cleanliness
16-42-5-8. Cleanliness and Sanitation of Premises and Vehicles
16-42-5-9. Walls and Ceilings; Construction; Washing
16-42-5-10. Floors; Construction; Washing
16-42-5-11. Domestic Animals; Rodents; Insects
16-42-5-15. Food Handling Rooms; Exclusive Use
16-42-5-18. Sleeping in Food Handling Rooms
16-42-5-19. Diseases; Employees
16-42-5-20. Wearing Apparel; Employees
16-42-5-21. Washing; Employees
16-42-5-22. Sitting or Lying on Food Handling Equipment
16-42-5-24. Local Health Officers
16-42-5-25. Prosecution of Violators; Orders to Abate Condition or Violation
16-42-5-26. Noncompliance With Order or Requirement; Offenses
16-42-5-27. Violations of Chapter; Offenses
16-42-5-31. Sale of Poultry Products Produced Under a Limited Permit