1. (a) Except as provided in subsection (b), this chapter does not apply to a food establishment when the food establishment's food handling activities are limited solely to one (1) or more of the following:

   1. (1) Heating or serving precooked foods.
   2. (2) Preparing or serving a continental breakfast such as rolls, coffee, juice, milk, and cold cereal.
   3. (3) Preparing or serving nonalcoholic or alcoholic beverages that are not potentially hazardous beverages or ice.
   4. (4) Preparing or serving packaged or unpackaged foods that are not potentially hazardous foods, including elephant ears, funnel cakes, cotton candy, confectionaries, baked goods, popcorn, and chips and grinding coffee beans.
   5. (5) Providing prepackaged food in its original package.
2. (b) This subsection does not apply to a pharmacy that is a food establishment that provides only prepackaged food products for sale. A food establishment that has more than ten thousand (10,000) square feet in total retail sales space at the food establishment location must comply with this chapter.

As added by P.L.266-2001, SEC.16. Amended by P.L.139-2005, SEC.1.