BED AND BREAKFAST ESTABLISHMENTS; FARMERS’ MARKETS
For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
BED AND BREAKFAST ESTABLISHMENT.
(1) As defined in 410 I.A.C. 7-15.5, an operator-occupied residence that:
(a) Provides sleeping accommodations to the public for a fee;
(b) Has no more than 14 guest rooms;
(c) Provides breakfast to its guests as a part of the fee; and
(d) Provides sleeping accommodation for no more than 30 consecutive days to a particular guest.
(2) The term does not include hotels, motels, boarding houses, or food service establishments.
CONFLICT OF INTEREST. Derived from 68 I.A.C. 9-5-9, a situation in which a member’s private interest, usually of a financial nature, may influence the member’s judgment in the performance of the member’s public duty. A CONFLICT OF INTEREST includes, but is not limited to, the following:
(1) Any conduct that would lead a reasonable person, knowing all of the circumstances, to conclude that a member is biased;
(2) Acceptance of any form of compensation other than from the commission for any services rendered as part of the member’s official duties for the commission;
(3) Participation in any business being transacted with the commission by any person in which the member, or the member’s spouse or child, has a financial interest;
(4) Use of the member’s position, title, or any authority associated with it in a manner designed for personal gain or benefit; or
(5) Demonstration, through work or action in the performance of the member’s official duties, of any preferential attitude or treatment toward any person.
COUNTY HEALTH DEPARTMENT. The local health department in the county, or representative having jurisdiction over a bed and breakfast establishment, retail food establishment, and/or temporary food establishment.
COUNTY OFFICIAL. Any appointed or elected official of the county.
FARMERS’ MARKET VENDOR. A retail food establishment, whos operation shall not exceed six months in a calendar year. It will also operate with the prior approval of the Market Master at a common facility where two or more farmers or growers gather on a regular recurring basis to sell a variety of fruits, vegetables, and other farm products directly to the consumer. This does not constitute a mobile retail food establishment.
HAZARD ANALYSIS OF CRITICAL CONTROL POINTS (HACCP) PLAN. 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. 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 County Health Department.
HEARING OFFICER. An individual, or panel of individuals, acting in the capacity of a HEARING OFFICER in proceedings.
(1) The HEARING OFFICER is not the Health Officer, or any other employee of the County Health Department.
(2) Examples of HEARING OFFICER could be County Health Board, a subcommittee of County Health Board, a subcommittee of health professionals from the community, or other non-biased third parties appointed by the Health Board.
IMMINENT HEALTH HAZARD. As defined in 410 I.A.C. 7-24, 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:
(1) Number of potential injuries or illnesses; and
(2) Nature, severity, and duration of the anticipated injury or illness.
INSPECTION REPORT. The document prepared by the County Health Department that is completed as the result of the inspection and provided to the operator.
MOBILE RETAIL FOOD ESTABLISHMENT. A retail food establishment that is:
(1) Wheeled;
(2) On skids;
(3) Mounted on a vehicle;
(4) A marine vessel;
(5) Otherwise readily movable; such as a pushcart or trailer; and
(6) Complies with all sanitation requirements as provided in 410 I.A.C. 7-24.
OPERATOR. The person who has a primary oversight responsibility for operation of the establishment through ownership, lease, or contractual agreement, and who is responsible for the storage, preparation, display, transportation, or serving of food to the public.
ORDER. An agency 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:
(1) A license; or
(2) A determination under I.C. 4-21.5-3-6(a)(3)
or I.C. 4-21.5-3-6(a)(4) (as added by Pub. Law No. 18-1986, § 1. and amended by Pub. Law No. 42-1995, § 1).
PERMIT. The document issued by the County Health Department that authorizes a person to operate a bed and breakfast establishment, retail food establishment, temporary food establishment, and/or as a vendor at a farmers’ market.
PERSON. An association, a corporation, an individual, partnership, or other legal entity, government, or governmental subdivision or agency.
RETAIL FOOD ESTABLISHMENT. (See 410 I.A.C. 7-24.) An operation as follows that:
(1) Stores, prepares, packages, serves, vends, or otherwise provides food for human consumption, such as the following:
(a) A restaurant;
(b) A satellite or catered feeding location;
(c) A catering operation if the operation provides food directly to a consumer, or to a conveyance used to transport people;
(d) A market;
(e) A grocery store;
(f) A convenience store;
(g) A vending location;
(h) A conveyance used to transport people;
(i) An institution;
(j) A food bank;
(k) A commissary;
(l) A cottage industry;
(m) A hospice facility, as defined in I.C. 16-25-1.1
;
(n) A health care facility, as defined in I.C. 16-21-2
;
(o) A health facility, as defined in I.C. 16-18-2
;
(p) A child care facility, as defined in I.C. 39-9-2
, such as the following:
1. Licensed child care centers licensed under 470 I.A.C. 3-4.7;
2. Licensed child care institutions licensed under 465 I.A.C. 2-9, 465 I.A.C. 2-10, and 465 I.A.C. 2-11; and
3. Registered child care ministries registered under 470 I.A.C. 3-4.5.
(q) An assisted living facility, as defined in I.C. 12-10-15
.
(2) Relinquishes possession of food to a consumer directly or indirectly through a delivery service, such as home delivery of grocery orders or restaurant takeout orders, or delivery service that is provided by common carriers;
(3) The term includes the following:
(a) An element of operation, such as a transportation vehicle or a central preparation facility that supplies a vending location or satellite feeding location, unless vending or feeding location is permitted by the regulatory authority; and
(b) An operation that is conducted in a mobile, stationary, temporary, or permanent facility or location, where consumption is on or off the premises and regardless of whether there is a charge for the food.
(4) The term does not include the following:
(a) An establishment that offers only prepackaged foods that are not potentially hazardous;
(b) A produce stand that offers only whole, uncut fresh fruits and vegetables;
(c) A food processing plant operated under I.C. 16-42-5
;
(d) A private home where food is prepared by a member of an organization that is operating under state law;
(e) An area where food that is prepared as specified in this division (4) is sold or offered for human consumption;
(f) A bed and breakfast establishment, as defined and regulated under I.C. 16-41-31
and 410 I.A.C. 7-15.5;
(g) A private home that receives catered or home-delivered food; and/or
(h) A private home.
SEASONAL FOOD ESTABLISHMENT. An annual retail food establishment that operates during a time period of not more than nine months in a calendar year.
TEMPORARY FOOD ESTABLISHMENT. (See 410 I.A.C. 7-24.) A retail food establishment that operates for a period of no more than 14 consecutive days in conjunction with a single event or celebration with the approval of the organizers of the event or celebration.
(Ord. 2015-18, passed 10-19-2015)
(A) General. It shall be deemed unlawful for a person to operate any bed and breakfast establishment, retail food establishment, temporary food establishment and/or as a farmers’ market vendor in the county, without first obtaining a valid permit from the Health Officer. The valid permit must be posted in a conspicuous location in the bed and breakfast establishment, retail food establishment, temporary establishment, and/or farmers’ market booth.
(1) Only persons who comply with the applicable requirements of 410 I.A.C. 7-15.5 and/or 410 I.A.C. 7-24 will be entitled to obtain and keep a permit.
(2) A separate permit shall be required for each bed and breakfast establishment, retail food establishment, temporary food establishment, and/or farmers’ market vendor operated, or to be operated, by any person.
(3) A permit issued under this subchapter is not transferable.
(4) A bed and breakfast establishment and/or retail food establishment permitted by County Health Department shall be considered registered, as required in I.C. 16-42-1-6
.
(B) Permit period. A permit for an annual bed and breakfast establishment and/or retail food establishment shall be issued for a term of one year, beginning January 1 and expiring December 31 of the same year and shall be applied for by the person and/or operator annually.
(1) A permit for a seasonal food establishment and/ or farmers’ market vendor shall be applied for annually, or a minimum of 30 days prior to the day of operation.
(2) A permit for a temporary food establishment shall be for the term of one continuous operation, and applied for a minimum of five days prior to the day of operation.
(C) Permit content. Any permit issued by the County Health Officer shall contain:
(1) The name and address of person and/or operator to whom the permit is granted;
(2) The address and/or location of the establishment for which the permit is issued;
(3) The issuance and expiration date(s); and
(4) Other such pertinent data as may be required by the County Health Officer.
(D) Application. A person desiring to operate a bed and breakfast establishment, retail food establishment, temporary food establishment, and/or farmers’ market vendor shall submit to the County Health Department a written application for a permit on a form provided by the County Health Department.
(E) Content of the application. The application shall include:
(1) The name, mailing address, telephone number, and original signature of the person and/or operator applying for the permit and the name, mailing address, and location of the bed and breakfast establishment, retail food establishment, temporary food establishment, and/or farmers’ market vendor;
(2) Information specifying whether the bed and breakfast establishment, retail food establishment, and/or temporary food establishment is owned by an association, corporation, individual, partnership, or other legal entity;
(3) A statement specifying whether the bed and breakfast establishment, retail food establishment, temporary food establishment, and/or farmers’ market vendor:
(a) If not permanent, is mobile and/or temporary; and
(b) The operation includes one or more of the following:
1. Prepares, offers for sale, or serves potentially hazardous food:
a. Only to order upon a consumer’s request;
b. In advance, in quantities based on projected consumer demand, and discards food that is not sold or served at an approved frequency; or
c. Using time, rather than temperature, as the public health control, as specified under 410 I.A.C. 7-24.
2. Prepares potentially hazardous food in advance using a food preparation method that involves two or more steps, which may include: combining potentially hazardous ingredients; cooking; cooling; reheating; hot-holding; cold-holding; freezing; or thawing;
3. Prepares food as specified under division (E)(3)(2) above for delivery to, and consumption at, a location off the premises of the bed and breakfast establishment and/or retail food establishment where it is prepared;
4. Prepares food as specified under division (E)(3)(2) above for service to a highly susceptible population, as defined in 410 I.A.C. 7-24;
5. Prepares only food that is not potentially hazardous; or
6. Does not prepare, but offers for sale only prepackaged food that is not potentially hazardous.
(4) The name, title, address, and telephone number of the operator directly responsible for the bed and breakfast establishment, retail food establishment, temporary food establishment and/or farmers’ market booth;
(5) The name, title, address, and telephone number of the person who functions as the immediate supervisor of the person specified under division (E)(4) above such as the zone, district, or regional supervision;
(6) The names, titles, and address of:
(a) The person(s) comprising the legal ownership, as specified under division (E)(2) above, including the owner(s) and operators; and
(b) The local resident agent if one is required based on the type of legal ownership.
(7) A statement signed by the applicant that:
(a) Attests to the accuracy of the information provided in the application; and
(b) Affirms that the application will comply with this subchapter, and allow the County Health Department access to the bed and breakfast establishment, retail food establishment, temporary food establishment and/or farmers’ market booth and records, as specified in 410 I.A.C. 7-15.5 and 410 I.A.C. 7-24.
(8) Other information required by the County Health Department.
(F) Qualification. To qualify for a permit, an applicant must:
(1) Be an owner and/or operator of the bed and breakfast establishment, retail food establishment, temporary food establishment, and/or farmers’ market booth;
(2) Comply with the requirements of this subchapter;
(3) Agree to allow access to the bed and breakfast establishment, retail food establishment, temporary food establishment, and/or farmers’ market booth, and provide required information; and
(4) Pay the applicable permit fees at the time the application is submitted.
(G) Plans requirements. The owner, or other authorized agent, of an existing or proposed bed and breakfast establishment and/or retail food establishment shall submit to the County Health Department properly prepared plans and specifications for review and approval before:
(1) The construction of a bed and breakfast establishment and/or retail food establishment;
(2) The conversion of an existing structure for use as a bed and breakfast establishment and/or retail food establishment; or
(3) The remodeling of a bed and breakfast establishment and/or retail food establishment, or a change of type of bed and breakfast establishment and/or retail food establishment, or food operation, if the County Health Department determines that plans and specifications are necessary to ensure compliance with this section.
(a) The plans and specifications for a bed and breakfast establishment and/or retail food establishment shall include: the type of operation; type of food preparation, as specified in Appendix A of the published version of 410 I.A.C. 7-24; and the menu.
(b) The plans and specifications shall be deemed satisfactory and complete before approved by County Health Department and a permit can be issued.
(c) A pre-operational inspection shows that the bed and breakfast establishment and/or retail food establishment is built or remodeled in accordance with the approved plans and specifications, and that the establishment is in compliance with this subchapter, 410 I.A.C. 7-24, and/or 410 I.A.C. 7-15.5.
(H) Change of ownership. The County Health Department may renew a permit for an existing bed and breakfast establishment and/or retail food establishment, or may issue a permit to a new owner of an existing bed and breakfast establishment and/or retail food establishment after a properly completed application is submitted, reviewed, and approved, the fees are paid, and an inspection shows that the establishment is in compliance with this subchapter.
(I) Responsibilities of the operator. Upon acceptance of the permit issued by the County Health Department, the operator, in order to retain the permit, shall:
(1) Comply with the provisions of this subchapter and all laws and rules adopted by reference herein and the conditions of any variances grated by the State Department of Health;
(2) Immediately discontinue affected operations and notify the County Health Department if an imminent health hazard may exist;
(3) Allow representatives of the County Health Department access to the bed and breakfast establishment, retail food establishment, temporary food establishment, and/or farmers’ market vendor at all reasonable times;
(4) Comply with directives of the County Health Department, including time frames for corrective actions specified in inspection reports, notices, orders, warnings, and other directives issued by said Department in regard to the bed and breakfast establishment, retail food establishment, temporary food establishment, and/or farmers’ market vendor, or in response to community emergencies;
(5) Accept notices issued and served by the County Health Department;
(6) Be subject to the administrative, civil, injunctive, and criminal remedies authorized in law for failure to comply with this subchapter or a directive of the County Health Department; and
(7) Post the permit in a conspicuous location in the bed and breakfast establishment, retail food establishment, and/or farmers’ market booth.
(Ord. 2015-18, passed 10-19-2015) Penalty, see § 111.99
(A) Payment of fees. It shall be unlawful for any person to operate a bed and breakfast establishment, retail food establishment, temporary food establishment, and/ or farmers’ market booth in the county whom has not paid the permit fee required for the operation of such an establishment.
(1) The fee shall be paid annually for a term beginning January 1 and expiring on December 31 of the same year, and shall be applied for by the person or operator. Fees for a seasonal retail food establishment shall be paid a minimum of 30 days prior to operation. Temporary and/or a farmers’ market vendor shall be paid a minimum of five days prior to the day of operation.
(2) Permit fees for the issuance of a permit under this subchapter to a bed and breakfast establishment, a retail food establishment, temporary food establishment, and/or a farmers’ market vendor shall be set by the County Health Department, as provided by the statuaries of the state (I.C. 16-20-1-27
).
(3) A receipt for the payment of such fees shall be provided by the County Health Department.
(4) The payment of such fees shall be required for each bed and breakfast establishment, retail food establishment, temporary food establishment, and/or farmers’ market vendor operated or to be operated by any person.
(B) Schedule of permit fees. The permit fees for the operation of a bed and breakfast establishment, retail food establishment, temporary food establishment, and/or farmers’ market vendor in the county shall be scheduled in accordance to menu category:
(1) Menu one: $50 annually;
(2) Menu two through five: $100 annually;
(3) Catering permit: $20 per day;
(4) Temporary food establishment: $20 per day; and
(5) Farmers’ market permit (potentially hazardous foods): $25 per season.
(C) Late fees and penalties.
(1) A penalty for operating without first registering with the County Health Department shall be assessed equal to the late fee. If a bed and breakfast establishment, retail food establishment, temporary food establishment and/or farmers’ market vendor fails to register with the County Health Department for continuous days, then it shall violation constitute a penalty.
(2) A late fee for failure to pay the permit fee prior to operation of the bed and breakfast establishment, retail food establishment, and/ or farmers’ market booth, or the late fee for failure to renew a permit after the expiration of the permit to operate a bed and breakfast and/or retail food establishment, shall be assessed as set by the County Health Board. Late fee for failure to register with the County Health Department shall be assessed at $50 per day of operation.
(3) The payment of fees under this subchapter is non-transferable or refundable.
(D) Exemption from permit fees. An organization that is exempt from taxation under I.R.C. § 501, being 26 U.S.C. § 501, offers the food for sale to the final consumer at an event held for the benefit of an organization, and the events conducted take place for not more than 15 days in a calendar year. (See S.E.A. 190.) The County Health Officer shall be provided, upon request, proof of an organization’s 501 tax exemption certification.
(Ord. 2015-18, passed 10-19-2015) Penalty, see § 111.99
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