For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
BED AND BREAKFAST ESTABLISHMENT. As defined in 410 IAC 7-15.5, is an operator occupied residence that:
(1) Provides sleeping accommodations to the public for a fee;
(2) Has no more than 14 guest rooms;
(3) Provides breakfast to its guests as part of the fee; and
(4) Provides sleeping accommodations for no more than 30 consecutive days to a particular guest.
CONFLICT OF INTEREST. Derived from 68 IAC 9-1-1(b)(2), is a situation in which the private financial interest of local official, local official's spouse, ex-spouse, siblings, in-laws, children and/or unemancipated child, may influence the local official's judgment in the performance of a public duty.
CONSECUTIVE INSPECTIONS. A violation which occurs directly after another inspection. The type of inspection or period of time between inspections is not significant. CONSECUTIVE INSPECTIONS also means an inspection which follows one another in uninterrupted succession or order; successive. The type of inspection or period of time between inspections is not significant.
CRITICAL ITEM. A provision of this rule that, if in noncompliance, is more likely than other violations to significantly contribute to food contamination, illness, or environmental health hazard. (Indiana State Department of Health; 410 IAC 7-24-21).
FOOD ESTABLISHMENT. As defined in I.C.16-18-2-137, is any building, room, basement, vehicle of transportation, cellar, or open or enclosed area occupied or used for handling food. This definition also includes a retail food establishment as defined in 410 IAC 7-24: however, it does not include a bed and breakfast establishment.
FARMERS’ MARKET. A common facility where two or more fanners or growers gather on a regular reoccurring basis to sell a variety of fruits, vegetables, and other farm products directly to the consumer.
FARMERS’ MARKET FOOD ESTABLISHMENT. A retail food establishment, excluding a mobile food establishment, which operates with the approval of the market master at a farmers’ market.
BOONE COUNTY HEALTH DEPARTMENT. The local health department in Boone County or authorized representative having jurisdiction over a bed and breakfast establishment, food establishment and/or temporary food establishment.
LOCAL OFFICIAL. Any Official of Boone County, Indiana.
HAZARD ANALYSIS CRITICAL CONTROL POINT (HACCP) PLAN. As defined in 410 IAC 7-24), is a written document that delineates the formal procedures for following the hazard analysis critical control point principles developed by the National Advisory Committee on Microbiological Criteria for Foods.
HEALTH OFFICER. The person, appointed as specified in I.C. 16-20-2-16, or his/her duly authorized representative, as specified in I.C. 16-2-1-14, who may conduct inspections and make a final decision on an enforcement action.
HEARING OFFICER. An individual or panel of individuals acting in the capacity of a hearing officer in proceedings. The hearing officer is not the health officer or any other employee of the Boone County Health Department.
IMMINENT HEALTH HAZARD. A significant threat or danger to health that is considered to exist when there is evidence sufficient to show that a product, practice, circumstance, or event creates a situation that requires immediate correction or cessation of operation to prevent injury or illness based on the number of potential injuries and illnesses and the nature, severity and duration of the anticipated injury or illness (e.g., sewage backing up in a food preparation area or contamination of food products with toxic materials).
INSPECTION REPORT. The document prepared by the Boone County Health Department that is completed as the result of the inspection and provided to the operator.
MARKET MASTER. The individual or group of individuals that are responsible for coordinating and organizing the farmers' market.
MOBILE FOOD ESTABLISHMENT. A retail food establishment that is wheeled; on skids; mounted on a vehicle; a marine vessel; or otherwise readily movable; such as a pushcart or trailer that changes locations too frequently to be candidate for permanent utility connections, as determined by the Health Officer.
OPERATOR. The person who has a primary oversight responsibility for operation of the establishment through ownership, or lease or contractual agreement, and who is responsible for the storage, preparation, display, transportation or serving of food to the public.
ORDER. Derived from IC 4-21.5-1-9, is a Boone County Health Department action of particular applicability that determines the legal rights, duties, privileges, immunities, or other legal interests of one or more specific persons. The term includes a permit.
PERMIT. The document issued by the Boone County Health Department that authorizes a person to operate a bed and breakfast establishment, mobile food establishments, farmers’ market, farmers’ market food establishments, food establishment, and/or temporary food establishment.
PERSON. An association; a corporation; an individual; partnership; or other legal entity, government, or governmental subdivision or agency.
TEMPORARY FOOD ESTABLISHMENT. A food establishment that operates for a period of no more than 14 consecutive days in conjunction with a single event or celebration.
(Ord. 2016-05, passed 11-21-2016; Am. Ord. 2018-03, passed 4-16-2018)