§ 111.04  INSPECTION.
   (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 1 and I.C. 16-42-5-23StateRef, 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 2 .)
   (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 3 .
   (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 4 .)
(Ord. 2015-18, passed 10-19-2015)

 

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