Loading...
(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
(A) County to inspect. The County Health Department shall inspect a bed and breakfast establishment and/or retail food establishment at least once every six months. The County Health Department may increase the interval between inspections beyond six months if:
(1) The bed and breakfast establishment and/or retail food establishment are fully operating under an approved and validated Hazard Analysis of Critical Control Points (HACCP) plan(s);
(2) The bed and breakfast establishment and/or retail food establishment is assigned a less frequent inspection frequency based on a written risk-based inspection schedule that is being uniformly applied throughout the jurisdiction; and
(3) The County Health Department may contact the operator to determine that the nature of the food operation has not changed.
(B) Temporary food establishment. The County Health Department shall periodically inspect, throughout its permit period, a temporary food establishment that prepares, sells, or serves unpackaged, potentially hazardous food, and may inspect a temporary food establishment that prepares, sells, or serves unpackaged, non-potentially hazardous food that:
(1) Has improvised, rather than permanent, facilities or equipment for accomplishing:
(a) Functions such as hand washing, food preparation and protection, and food temperature control;
(b) Ware washing, providing drinking water, and waste retention and disposal; and
(c) Insect and rodent control.
(2) Has untrained food employees.
(C) Farmers’ market vendor. The County Health Department shall periodically inspect, throughout its permit period, a farmers’ market vendor that sells or serves potentially hazardous foods:
(1) Has untrained food employees; or
(2) Has improvised rather than permanent facilities or equipment for accomplishing:
(a) Functions such as hand washing, food preparation and protection, and food temperature control;
(b) Ware washing, providing drinking water, and waste retention and disposal; and
(c) Insect and rodent control.
(D) Performance and risk-based inspections. Within the parameters specified in the divisions (A) through (C) above, the County Health Department shall prioritize, and conduct more frequent inspections based upon its assessment of a bed and breakfast establishment, retail food establishment, temporary food establishment, and/or farmers’ market vendor’s history of compliance with this ordinance and the bed and breakfast establishment, retail food establishment, temporary food establishment, and/or farmers’ market vendor’s potential as a vector of foodborne illness by evaluating:
(1) Past performance for violations of 410 I.A.C. 7-15.5, 410 I.A.C. 7-24, and/or 410 I.A.C. 7-22, and/or HACCP plan requirements that are critical or non-critical;
(2) Past performance for numerous or repeat violations of 410 I.A.C. 7-15.5, 410 I.A.C. 7-24, and/or HACCP plan requirements that are noncritical;
(3) Past performance for complaints investigated and found to be valid;
(4) The hazards associated with the particular foods that are prepared, stored, or served; and
(5) The type of operation, including the methods and extent of food storage, preparation, and service:
(a) The number of people served; and
(b) Whether the population served is a highly susceptible population.
(E) Access allowed at reasonable times after due notice. After the County Health Department presents official credentials and provides notice of the purpose of and the intent to conduct an inspection, the operator shall allow the County Health Department to determine if the bed and breakfast establishment, retail food establishment, temporary food establishment, and/or farmers’ market vendor is in compliance with this subchapter by allowing access to the establishment, allowing inspection, and providing information and records specified in this subchapter. The County Health Department is entitled the information and records, according to I.C. 16-42-1-13
and I.C. 16-42-5-23, during the bed and breakfast establishment and/or retail food establishment’s hours of operation and other reasonable times.
(1) Access is a condition of the acceptance and retention of a food establishment permit to operate.
(2) If access is denied, an order issued by the appropriate authority allowing access may be obtained according to law. (See I.C. 16-20-1-26
.)
(F) Inspection reports. At the conclusion of the inspection, the County Health Department shall provide a copy of the completed inspection report and the notice to correct violations to the operator or to the person-in-charge, as required under I.C. 16-20-8-5
.
(G) Timely correction of critical violations. Except as specified in division (G)(1) below, an operator shall, at the time of inspection, correct a critical violation of 410 I.A.C. 7-15.5, 410 I.A.C. 7-24, and/or I.A.C. 7-22, and implement corrective actions for a HACCP plan provision that is not in compliance with its critical limit.
(1) Considering the nature of the potential hazard involved and the complexity of the corrective action needed, the County Health Department may agree to or specify a longer time frame after the inspection, for the operator to correct critical code violations or HACCP plan deviations.
(2) After receiving notification that the operator has corrected a critical violation or HACCP plan deviation, or at the end of the specified period of time, the County Health Department shall verify correction of the violation, document the information on an inspection report, and enter the report in the County Health Department’s records.
(H) Refusal to sign acknowledgment. Refusal to sign an acknowledgment of receipt will not affect the operator’s obligation to correct the violations noted in the inspection report within the time frames specified.
(1) A refusal to sign an acknowledgment of receipt is noted in the inspection report and conveyed to the County Health Department historical record for the bed and breakfast establishment, retail food establishment, temporary food establishment, and/or farmers’ market vendor.
(2) The operator is not necessarily in agreement with the findings of the County Health Department inspection by acknowledgment of receipt.
(I) Public information. Except as specified in 410 I.A.C. 7-24, § 194 (“Trade Secrets”), the County Health Department shall treat the inspection report as a public document and shall make it available for disclosure to a person who requests it as provided in law. (See I.C. 16-20-8-6
.)
(Ord. 2015-18, passed 10-19-2015)
(A) Application denial. If an application for a plan review and/or permit to operate a bed and breakfast establishment, retail food establishment, temporary food establishment, and/or farmers’ market vendor is denied, the County Health Department shall provide the applicant with a notice that includes:
(1) The specific reasons and rule citations for the application and/or permit denial;
(2) The actions, if any, that the applicant must take to qualify for the application and/or permit; and
(3) Advisement of the applicant’s right of appeal, and the process and time frames for appeal that are provided in law.
(B) Permit suspension. The County Health Department may suspend a permit to operate a bed and breakfast establishment, retail food establishment, temporary food establishment, and/or farmers’ market vendor if it determines through inspection, or examination of employee, food, records, or other means as specified in this subchapter, that an imminent health hazard exists.
(C) Inspection protocol. The Standard Operating Procedure (SOP) for the County Health Department in regarding inspections of a bed and breakfast establishment, retail food establishment, temporary food establishment, and/or farmers’ market vendor shall be as follows:
(1) The first inspection will be known as a routine inspection, and, depending on the severity of violations, may warrant a follow-up inspection;
(2) The second inspection will be known as a follow-up inspection to ensure compliance and corrective measures have been taken. During this inspection, if it is found that an establishment has repeat violations persisting from the first inspection, fines will be issued.
(3) If, during the second inspection, it is found that corrective measures have not been taken resulting in ongoing issues with non-compliance, a third inspection is necessitated, the third inspection will be known as an additional follow-up to ensure compliance; at this time if violations found in this inspection are continually being repeated from the first and second inspections, it will result in a minimum 24-hour closure of the establishment, or until such time that all violations have been corrected, whichever is longer.
(D) Ceasing operation and contacting the County Health Department.
(1) An operator of a bed and breakfast establishment, retail food establishment, temporary food establishment, and/or farmers’ market vendor shall immediately discontinue operations and notify the County Health Department if an imminent health hazard may exist because of an emergency, such as a fire, flood, extended interruption of electrical or water service, sewage backup, misuse of poisonous or toxic materials, onset of an apparent foodborne illness outbreak, gross insanitary occurrence or condition, or other circumstance that may endanger public health.
(2) An operator need not discontinue operations in an area of an establishment that is unaffected by the imminent health hazard.
(E) Resuming operation. If a bed and breakfast establishment, retail food establishment, temporary food establishment, and/or farmers’ market vendor have discontinued operations for the reasons stated in division (D)(1) above, or otherwise according to law, the operator must obtain approval from the County Health Department before resuming operations.
(F) Outstanding fees. Any outstanding fees may be a condition upon which a permit may not be issued.
(G) Enforcement options. The following are options available to County Health Department for consideration.
(1) The County Health Department may issue citation based upon County Ordinance 2012-03 (“Citation Ordinance and Retail Food Establishment and/or Bed and Breakfast Establishment requirements”). (See I.C. 16-42-5-28(g)
for guidance.) (See also § 111.06 to ensure that due process is followed.)
(2) The County Health Department may conduct administrative proceeding for suspension and/or revocation of the bed and breakfast establishment, retail food establishment, temporary food establishment, and/or farmers’ market vendor permit in front of a Hearing Officer. (See § 111.06 to ensure that due process is followed.)
(3) The County Health Officer may issue an “order to abate” based on a condition that may transmit, generate, or promote disease. Failure on the part of the operator to comply with the order could result in the enforcement of the order in the court of jurisdiction by the initiation of an action by the county attorney or county prosecuting attorney. (See I.C. 16-20-1-25
.) (See also § 111.06 to ensure that due process is followed.)
(4) If the action concerning public health is an ordinance violation, the County Health Department may request the County Attorney or County Prosecuting Attorney, to institute a proceeding in the courts for the enforcement of the ordinance violation. (See I.C. 34-28-5-1
.)
(5) If the action concerning public health is a criminal offense, the County Health Department may request the County Attorney, or County Prosecuting Attorney, to institute a proceeding in the courts for enforcement. (See I.C. 16-20-1-25(c)
.)
(Ord. 2015-18, passed 10-19-2015) Penalty, see § 111.99
(A) Any person(s) aggrieved by orders issued under the § 111.05(G)(1) through (G)(3) shall be entitled to a review of the final order before a Hearing Officer by filing a written request therefor with the Health Officer (Secretary of the County Board of Health). (See I.C. 16-20-1-10
.) The written request must be mailed or hand delivered to Health Officer, 512 High Street, Logansport, IN 46947, and must be received within 15 days after such final order is issued.
(B) Upon the Health Officer’s receipt of such request, the Hearing Officer shall hear the matter again in an open hearing after at least five days’ written notice of the time, place, and nature thereof. The time shall be measured pursuant to the rules of court of the jurisdiction. (A shorter period of time may be granted, if requested by either party and agreed upon.)
(C) The notice of the hearing shall be served upon the person requesting the review by hand- delivering, or mailing by certified mail, the notice to the address listed on the permit application as the person’s mailing address, or such other address as the person shall designate in the letter of request to the Health Officer.
(D) The Hearing Officer establishes the rules of procedure and advises the parties prior to the start of the proceedings.
(E) The Hearing Officer shall make written findings of facts and shall enter its final order or determination of this matter in writing. The order completes the administrative appeals procedure.
(Ord. 2015-18, passed 10-19-2015)
No county official shall conduct himself or herself in a manner that is, or could have, the appearance of a conflict of interest.
(Ord. 2015-18, passed 10-19-2015) Penalty, see § 111.99
(A) Any person violating any provision of this chapter for which no specific penalty is prescribed shall be subject to § 10.99 of this code of ordinances.
(B) (1) If a bed and breakfast establishment, retail food establishment, temporary food establishment and/or farmers’ market vendor fail to register with the County Health Department for continuous days, as described in § 111.03(C)(1), then that violation shall be assessed in accordance with (410 I.A.C. 7-23) at a rate of $250 per day.
(2) During the inspection described in § 111.05(C)(2), if it is found that an establishment has repeat violations persisting from the first inspection, fines will be issued at a frequency of $25 per each non-critical violation which has been repeated, and at a frequency of $50 per each critical violation which has been repeated.
(Ord. 2015-18, passed 10-19-2015)