This chapter does not apply to the following:

1. (1) Hospitals licensed under IC 16-21 .
2. (2) Health facilities licensed under IC 16-28 .
3. (3) Housing with services establishments that are required to file disclosure statements under IC 12-10-15 .
4. (4) Continuing care retirement communities required to file disclosure statements under IC 23-2-4 .
5. (5) Community mental health centers (as defined in IC 12-7-2.1-78 ).
6. (6) Private mental health institutions licensed under IC 12-25 .
7. (7) An area agency on aging designated under IC 12-10-1 that provides food under a nutrition service program. However, the premises where the food is prepared is not exempt from the requirements under this chapter.

8. (8) A food pantry that:

   1. (A) is operated or affiliated with a nonprofit organization that is exempt from federal income taxation under Section 501(c)(3) of the Internal Revenue Code; and

   2. (B) distributes food, which may include food from the United States Department of Agriculture, to needy persons.

      However, a food bank or other facility that distributes donated food to other organizations is not exempt from the requirements of this chapter.

As added by P.L.266-2001, SEC.16. Amended by P.L.104-2003, SEC.9; P.L.97-2004, SEC.71; P.L.139-2005, SEC.2; P.L.145-2026, SEC.114.