Sec. 21. (a) A person desiring to secure approval of the process by which the articles of bedding or filling materials are sterilized or disinfected, in accordance with sections 19 and 20 of this chapter, shall submit to the state department a plan of the apparatus and the process intended to be used for such sterilization or disinfection.

     (b) After the state department inspects and approves the process and equipment to be used, the state department shall issue a numbered permit for use.

     (c) A sterilization or disinfection permit issued under subsection (b) must be conspicuously posted on the premises near the sterilizer.

     (d) A person holding a sterilization or disinfection permit shall keep an accurate written record of all articles of materials that are sterilized or disinfected, including the following:

(1) The date the sterilization or disinfection was performed.

(2) In the case of articles of bedding, the name and address of the buyer or owner of the articles.

This record shall be available for examination at any time by the state department.

     (e) An application for a permit for the approval of a sterilization or disinfection process and equipment located outside Indiana may be approved only after the state department conducts a personal inspection of that process and equipment, unless the other state has an inspection service that is acceptable to the state department. The applicant shall pay the expenses for an inspection outside Indiana.

     (f) The state department shall revoke the sterilization or disinfection permit of a person who, after fair hearing or opportunity to be heard by the state department, is found to be in noncompliance with the sterilization or disinfection provisions of this chapter. The state department may not issue a new permit to the person until the person does the following:

(1) Satisfies the state department that the person will comply with this chapter and the rules adopted under this chapter.

(2) Posts a five hundred dollar ($500) bond in favor of the state department to guarantee compliance.

     (g) This chapter does not prevent a person engaged in the making, remaking, renovation, or sale of an article of bedding or material that requires sterilization or disinfection under this chapter from having the sterilization or disinfecting performed by a person who has a valid permit for the purposes if the number of the permit appears on the tag attached to each article of bedding or filling material as described in section 22 of this chapter.

[Pre-1993 Recodification Citation: 16-9-4-5.]

As added by P.L.2-1993, SEC.24. Amended by P.L.142-1995, SEC.27.