§ 111.01  DEFINITIONS.
   For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
      (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) 1 or I.C. 4-21.5-3-6(a)(4)StateRef (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 2 ;
         (n)   A health care facility, as defined in I.C. 16-21-2 3 ;
         (o)   A health facility, as defined in I.C. 16-18-2 4 ;
         (p)   A child care facility, as defined in I.C. 39-9-2 5 , 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 6 .
      (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 7 ;
         (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 8 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)